NY State Senate Bill 2017-S8677

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2018	referred to mental health and developmental disabilities

2017-S8677 (ACTIVE) - Details

See Assembly Version of this Bill:: A5847
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.49, 7.51 & 7.53, amd §19.07, Ment Hyg L; add §99-ee, St Fin L; add §209-gg, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A8837
2015-2016: A4402, A6819
2019-2020: S3117, A4049, A5141
2021-2022: S561, A2190, A4288
2023-2024: S3301, A323, A1304

2017-S8677 (ACTIVE) - Summary

Relates to establishing a crisis intervention demonstration program.

2017-S8677 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8677

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the mental hygiene law, the state finance law and the
general municipal law, in relation to establishing a crisis intervention
team program; and providing for the repeal of certain provisions upon
expiration thereof

 
PURPOSE OF BILL:

This legislation provides for the creation of demonstration crisis
intervention teams in New York City in order to increase the effective-
ness of first responders to emotionally distressed citizen situations
and reduce police initiated casualties.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the mental hygiene law by adding three new sections
7.46, 7.47 and 7.48 to create the crisis intervention program, the

crisis intervention team training program advisory committee and the
crisis intervention team training fund grant program.

Section 2: Amends the state finance law by adding a new section 99-w to
create the crisis team training fund.

Section 3: Amends the general municipal law by adding a new section
204-ff to establish the criteria and goals for a crisis intervention
team.

Section 4: Amends section 19.07 of the mental hygiene law by adding a
new subdivision (j) to provide for the collaboration of the office of
alcoholism and substance abuse services, office of mental health and law
enforcement to establish criteria for the development of crisis inter-
vention teams.

 
JUSTIFICATION:

The NYPD receives approximately 100,000 calls a year that are related to
an "emotionally disturbed person". Often times that person is suffering
with mental health issues, or substance abuse problems, or both that
require clinical intervention rather than enforcement that may result in
unwarranted arrests, injuries, and fatalities. Data for the year 2012
indicates that civil suits against the NYPD have doubled in the past
decade. By the end of that year over 9,500 lawsuits totaling more than
$1 billion had been filed against the NYPD, an onerous burden on taxpay-
ers. Additionally, during the last months of 2013 suits were filed
totaling over $50 million related to three deaths related to lethal
actions by police involving the emotionally impaired.

The creation of a crisis intervention team response model in New York
City would provide law enforcement personnel with the special training
necessary to respond to individuals experiencing erratic emotional
events from a clinical rather than criminal perspective.  Treating these
calls less as a threat to public safety and more as a possibility to
help a New Yorker in crisis, would provide a pathway to handle the
initial calls with the tools necessary to defuse the confrontation and
appropriately address the situation.
Forty-five states and 2,500 cities have adopted crisis intervention
programs wherein law enforcement engaged in 40-80 hour training. The
results have included a significant reduction in violence, improved
Community relations and a reduction in injuries to both law enforcement
and the emotionally impaired which in the past had easily become highly
volatile and dangerous to both parties. Major cities such as Los Angeles
and Chicago have adopted the successful Memphis Model adopted in Tennes-
see.

 
LEGISLATIVE HISTORY:

2013-14: S.6365 referred to mental health and developmental disabilities

 
FISCAL IMPLICATIONS:

This bill will have a substantial positive fiscal impact on the City of
New York by reducing the legal and settlement costs related to unwar-
ranted lethal force against the emotionally impaired. Up to 1 million
Dollars from the general fund will be used to establish the program.

 
EFFECTIVE DATE:
This act shall take effect immediately and sunset 5 years from the date
of enactment.

2017-S8677 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8677
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the mental hygiene law, the state finance  law  and  the
   general  municipal  law,  in  relation to establishing a crisis inter-
   vention  team  program;  and  providing  for  the  repeal  of  certain
   provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law  is  amended  by  adding  three  new
 sections 7.49, 7.51 and 7.53 to read as follows:
 § 7.49 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
   (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A CRISIS INTERVENTION DEMON-
 STRATION PROGRAM IN ANY CITY HAVING A POPULATION OF ONE MILLION OR  MORE
 FOR  THE  PURPOSE OF ASSISTING LAW ENFORCEMENT OFFICERS IN RESPONDING TO
 CRISIS SITUATIONS INVOLVING PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE
 ABUSE PROBLEMS.
   (B) THE COMMISSIONER SHALL ESTABLISH WITHIN THE OFFICE THE POSITION OF
 CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR WHO WILL SERVE  AT
 THE  PLEASURE  OF  THE COMMISSIONER AND WHO SHALL WORK WITH THE NEW YORK
 POLICE DEPARTMENT AND ANY OTHER LAW ENFORCEMENT AGENCY IN THE STATE THAT
 REQUESTS ASSISTANCE TO COORDINATE THE PROVISION OF  CRISIS  INTERVENTION
 TEAM  TRAINING  TO  ITS  FIRST  RESPONDERS  AS  A  PART OF A SPECIALIZED
 RESPONSE TEAM OR AS PART OF THE TRAINING FOR FIRST RESPONDERS.
   (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
   (I) WORK WITH COMMUNITIES TO DEVELOP PARTNERSHIPS,  COORDINATE  ACTIV-
 ITIES  AND  PROMOTE  COOPERATION  AND  COLLABORATION BETWEEN THE OFFICE,
 OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, LAW ENFORCEMENT AGEN-
 CIES, DISABILITY SERVICE PROVIDERS AND PEOPLE WITH PSYCHIATRIC OR  OTHER
 DISABILITIES  AND  THEIR  FAMILIES  TO  PROVIDE CRISIS INTERVENTION TEAM
 TRAINING;
   (II) PROVIDE COORDINATION ACTIVITIES AND FUNDING  SUPPORT  FOR  CRISIS
 INTERVENTION TEAM TRAINING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06167-07-8

 S. 8677                             2
 
   (III)  PROVIDE  SUPPORT, TRAINING AND COMMUNITY COORDINATION TO ENSURE
 THAT MENTAL HEALTH SERVICE PROVIDERS IN THE COMMUNITY  PROVIDE  ALTERNA-
 TIVES TO INCARCERATION;
   (IV)  THROUGH  FEDERAL  AND  PRIVATE  GRANTS,  GIFTS OR CONTRIBUTIONS,
 PROVIDE FUNDING TO SUPPORT TRAINING AND COMMUNITY COORDINATION COSTS  AS
 NECESSARY. ALL MONEYS SHALL BE DEPOSITED IN THE CRISIS INTERVENTION TEAM
 TRAINING FUND ESTABLISHED BY SECTION NINETY-NINE-EE OF THE STATE FINANCE
 LAW;
   (V)  IN  CONSULTATION  WITH THE CRISIS INTERVENTION ADVISORY COMMITTEE
 ESTABLISHED BY THIS ARTICLE, DISTRIBUTE CRISIS INTERVENTION TEAM  TRAIN-
 ING  FUND  MONEYS  AS NEEDED FOR SUPPORT, TRAINING AND COMMUNITY COORDI-
 NATION COSTS; AND
   (VI) SUBMIT A REPORT TO  THE  GOVERNOR,  TEMPORARY  PRESIDENT  OF  THE
 SENATE,  SPEAKER  OF  THE  ASSEMBLY AND THE CRISIS INTERVENTION ADVISORY
 COMMITTEE ON OR BEFORE NOVEMBER FIFTEENTH OF EACH YEAR THAT CONTAINS THE
 FOLLOWING:
   (A) A REVIEW OF ALL LAW ENFORCEMENT AGENCIES THAT HAVE PROVIDED CRISIS
 INTERVENTION TEAM TRAINING TO THEIR OFFICERS AND THE NUMBER OF  OFFICERS
 THAT HAVE COMPLETED THE TRAINING;
   (B)  A  LIST  OF  COMMUNITIES  IN THIS STATE THAT HAVE IMPLEMENTED THE
 CRISIS INTERVENTION TEAM TRAINING PROGRAM THROUGH TRAINING  AND  COORDI-
 NATION, INCLUDING THE LENGTH OF IMPLEMENTATION AND CURRENT STATUS OF THE
 PROGRAM;
   (C)  RECOMMENDATIONS  FOR  IMPROVEMENT IN THE COMMUNITY BASED PARTNER-
 SHIPS THAT SUPPORT CRISIS INTERVENTION TEAM RESPONSES;
   (D) RECOMMENDATIONS FOR IMPROVEMENT IN THE LAW ENFORCEMENT AND  PUBLIC
 SAFETY AGENCIES THAT PROVIDE CRISIS INTERVENTION TEAM RESPONSES; AND
   (E)  A  REVIEW  OF  ALL FUNDING RESOURCES THAT THE CRISIS INTERVENTION
 TEAM TRAINING PROGRAM COORDINATOR HAS APPLIED FOR TO INCREASE  AVAILABLE
 FUNDING,  INCLUDING  THE STATUS OF ALL FUNDING REQUESTS AND THE TOTAL OF
 MONEYS RECEIVED.
 § 7.51 CRISIS INTERVENTION TEAM TRAINING PROGRAM ADVISORY COMMITTEE.
   (A) THERE IS HEREBY ESTABLISHED A  CRISIS  INTERVENTION  DEMONSTRATION
 PROGRAM ADVISORY COMMITTEE.
   (B) THE COMMITTEE SHALL CONSIST OF:
   (1)  THE COMMISSIONER, WHO SHALL SERVE AS CHAIRPERSON OF THE COMMITTEE
 AND WHO IS A NONVOTING MEMBER;
   (2) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR, WHO  IS
 A NONVOTING MEMBER;
   (3)  ONE  MEMBER  APPOINTED  BY  THE COMMISSIONER WHO IS A CONSUMER OF
 MENTAL HEALTH SERVICES;
   (4) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS AN IMMEDIATE FAMI-
 LY MEMBER OF A CONSUMER OF MENTAL HEALTH SERVICES;
   (5) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO REPRESENTS  A  STATE-
 WIDE  ADVOCACY  AGENCY  THAT SERVES PERSONS WITH MENTAL DISABILITIES AND
 THEIR FAMILIES;
   (6) ONE MEMBER APPOINTED BY THE COMMISSIONER WHO IS A PSYCHIATRIST  OR
 PSYCHOLOGIST LICENSED IN THE STATE;
   (7)  ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM AND
 SUBSTANCE ABUSE SERVICES;
   (8) ONE  MEMBER  APPOINTED  BY  THE  COMMISSIONER  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES  WHO REPRESENTS A STATEWIDE BEHAVIOR ADVOCACY
 GROUP, AGENCY OR ASSOCIATION;
   (9) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR  PEOPLE
 WITH DEVELOPMENTAL DISABILITIES WHO IS EITHER A FAMILY MEMBER OR GUARDI-
 AN OF A PERSON WITH A DEVELOPMENTAL DISABILITY;

 S. 8677                             3
 
   (10) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE
 WITH  DEVELOPMENTAL  DISABILITIES  WHO  IS A PERSON WITH A DEVELOPMENTAL
 DISABILITY;
   (11) ONE MEMBER RECOMMENDED BY THE NEW YORK CITY PEACE OFFICER BENEVO-
 LENT ASSOCIATION WHO IS A CERTIFIED PEACE OFFICER;
   (12) ONE MEMBER APPOINTED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES WHO IS A LAW ENFORCEMENT OFFICER; AND
   (13)  ONE  MEMBER  APPOINTED  BY  THE  NEW  YORK POLICE DEPARTMENT WHO
 REPRESENTS LAW ENFORCEMENT.
   (C) THE COMMITTEE SHALL:
   (1) MEET AT LEAST TWO TIMES IN EACH FULL CALENDAR YEAR. THE  COMMITTEE
 SHALL MEET AT THE REQUEST OF ITS CHAIRPERSON; AND
   (2)  REVIEW  THE  REPORT  REQUIRED BY SECTION 7.49 OF THIS ARTICLE AND
 BASED ON THAT REPORT  MAKE  RECOMMENDATIONS  TO  THE  OFFICE  OF  MENTAL
 HEALTH,  THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, THE
 OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES, THE NEW YORK POLICE DEPARTMENT, THE GOVERNOR, THE
 TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   (D) COMMITTEE MEMBERS SHALL NOT BE COMPENSATED BUT  ARE  ELIGIBLE  FOR
 REIMBURSEMENT OF REASONABLE EXPENSES.
 § 7.53 CRISIS INTERVENTION TEAM TRAINING FUND GRANT PROGRAM.
   (A)  THE  COMMISSIONER  SHALL  ESTABLISH  THE CRISIS INTERVENTION TEAM
 TRAINING FUND GRANT PROGRAM WHICH SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 PROVIDING FINANCIAL SUPPORT WHEN NECESSARY AND AS AVAILABLE FOR TRAINING
 AND  COMMUNITY COORDINATION COSTS FOR THE IMPLEMENTATION OF THE NEW YORK
 CRISIS INTERVENTION TEAM TRAINING PROGRAM TO LAW ENFORCEMENT AGENCIES AS
 REQUESTED.
   (B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE FUND SHALL CONSIST OF
 UP TO ONE MILLION DOLLARS FROM THE STATE GENERAL FUND.
   § 2. The state finance law is amended by adding a new section 99-ee to
 read as follows:
   § 99-EE. CRISIS INTERVENTION TEAM TRAINING FUND.  1. THERE  IS  HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
 OF  THE  OFFICE OF MENTAL HEALTH A FUND TO BE KNOWN AS THE CRISIS INTER-
 VENTION TEAM TRAINING FUND.
   2. THE CRISIS INTERVENTION TEAM TRAINING FUND  SHALL  CONSIST  OF  ALL
 MONEYS  RECEIVED  FROM  THE  FEDERAL  GOVERNMENT, PRIVATE GRANTS, GIFTS,
 CONTRIBUTIONS AND DEVISES.
   3. ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION  SHALL
 SUBMIT QUARTERLY REPORTS TO THE COMMISSIONER OF THE DEPARTMENT OF MENTAL
 HEALTH  REGARDING  THE  USE AND EFFECTIVENESS OF THE DISTRIBUTED MONEYS.
 THE COMMISSIONER OF THE DEPARTMENT OF  MENTAL  HEALTH  SHALL  INCLUDE  A
 SUMMARY  OF  THE FUND ANALYSIS IN THE ANNUAL REPORT REQUIRED PURSUANT TO
 SECTION 7.49 OF THE MENTAL HYGIENE LAW.
   § 3. The general municipal law is amended  by  adding  a  new  section
 209-gg to read as follows:
   §  209-GG.  CRISIS INTERVENTION TEAMS. 1.  THE COMMISSIONER OF THE NEW
 YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, IN  CONSULTATION  WITH
 THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH
 DEVELOPMENTAL  DISABILITIES AND OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
 SERVICES, SHALL, FOR ALL LOCAL POLICE OFFICERS IN LAW ENFORCEMENT  UNITS
 OF  A  CITY  HAVING  A  POPULATION  OF ONE MILLION OR MORE AND ANY OTHER
 ENFORCEMENT AGENCY THAT CHOOSES TO PARTICIPATE:
   (A) ESTABLISH CRITERIA FOR  THE  DEVELOPMENT  OF  CRISIS  INTERVENTION
 TEAMS; AND

 S. 8677                             4
 
   (B)  ESTABLISH,  AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM
 FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND  PROCEDURES
 ESTABLISHED  PURSUANT  TO  THIS  SECTION. THE CURRICULUM SHALL INCLUDE A
 MINIMUM OF FORTY HOURS OF MANDATORY TRAINING IN MENTAL HEALTH ISSUES.
   2. THE GOALS OF THE CRISIS INTERVENTION TEAM PROGRAM SHALL BE TO:
   (A) PROVIDE IMMEDIATE RESPONSE BY SPECIFICALLY TRAINED LAW ENFORCEMENT
 OFFICERS;
   (B)  REDUCE  THE  AMOUNT  OF TIME POLICE OFFICERS SPEND OUT OF SERVICE
 AWAITING ASSESSMENT AND DISPOSITION;
   (C) AFFORD PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE ABUSE PROBLEMS
 A SENSE OF DIGNITY IN CRISIS SITUATIONS;
   (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
 SUBSTANCE ABUSE PROBLEMS AND REFER THEM TO APPROPRIATE CARE;
   (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
 MENTAL HEALTH AND/OR SUBSTANCE ABUSE CRISES BY PROVIDING  BETTER  ACCESS
 TO TIMELY TREATMENT;
   (G)  PROVIDE  THERAPEUTIC LOCATIONS OR PROTOCOLS FOR OFFICERS TO BRING
 INDIVIDUALS IN CRISIS FOR ASSESSMENT THAT IS NOT A  LAW  ENFORCEMENT  OR
 JAIL FACILITY; AND
   (H)  DECREASE  INJURIES  TO  LAW  ENFORCEMENT  OFFICERS  DURING CRISIS
 EVENTS.
   3. OTHER STATE AGENCIES SHALL PROVIDE COOPERATION  AND  ASSISTANCE  TO
 THE PROGRAM TO ASSIST IN THE EFFECTIVE PERFORMANCE OF ITS DUTIES.
   §  4.  Section  19.07 of the mental hygiene law is amended by adding a
 new subdivision (l) to read as follows:
   (L) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE  SERVICES  SHALL,  IN
 COLLABORATION  WITH  LAW  ENFORCEMENT  AND  THE  OFFICE OF MENTAL HEALTH
 ESTABLISH CRITERIA FOR THE DEVELOPMENT OF CRISIS INTERVENTION TEAMS THAT
 SHALL INCLUDE ASSESSMENT OF THE EFFECTIVENESS OF THE PLAN FOR  COMMUNITY
 INVOLVEMENT, TRAINING AND THERAPEUTIC RESPONSE ALTERNATIVES AND A DETER-
 MINATION  OF  WHETHER LAW ENFORCEMENT OFFICERS HAVE EFFECTIVE AGREEMENTS
 WITH MENTAL HEALTH CARE PROVIDERS AND ALL OTHER COMMUNITY STAKEHOLDERS.
   § 5. This act shall take effect immediately; provided,  however,  that
 section  7.49 of the mental hygiene law, as added by section one of this
 act, shall expire and be deemed repealed 5 years after  this  act  shall
 have become a law.

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Senate Bill S8677

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

2017-S8677 (ACTIVE) - Details

2017-S8677 (ACTIVE) - Summary

2017-S8677 (ACTIVE) - Sponsor Memo

2017-S8677 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8677

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

2017-S8677 (ACTIVE) - Details

2017-S8677 (ACTIVE) - Summary

2017-S8677 (ACTIVE) - Sponsor Memo

2017-S8677 (ACTIVE) - Bill Text download pdf

Comments