NY State Senate Bill 2021-S198A

Senate Bill S198A

2021-2022 Legislative Session

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants and establishes the pretrial mental health and substance abuse services bail fund

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Archive: Last Bill Status - In Senate Committee Codes 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
Jan 05, 2022	referred to codes
Jan 03, 2022	print number 198a
Jan 03, 2022	amend and recommit to codes
Jan 06, 2021	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

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2021-S198 - Details

See Assembly Version of this Bill:: A916
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§550.10 & 150.20, add §520.50, CP L; add §99-oo, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7242, A9557
2023-2024: S5233, A1826

2021-S198 - Summary

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

2021-S198 - Sponsor Memo

                                
 
BILL NUMBER: S198

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to pretrial
mental health and substance abuse evaluations and treatment for certain
defendants; and to amend the state finance law, in relation to estab-
lishing the pretrial mental health and substance abuse services bail
fund

 
PURPOSE:

To create a pretrial mental health and substance abuse evaluation for
individuals who are in crisis, as well as setting as a condition of
pretrial release a referral to mental health and substance abuse evalu-
ation and compliance with needed treatment a condition of pre-trial
release.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 4 to Section 550.10 of the criminal
procedure law to allow a judge on application from an enumerated quali-
fying list of individuals to require a principal charged with a crime
not subject to bail to be referred for a mental health and/or substance
abuse evaluation in the county.  Further, if determined that the princi-
pal requires treatment the court may order that compliance with such
treatment shall be a condition of release pending trial.

Section 2 adds a new section 520.50 to the criminal procedure law to
institute a bail surcharge to help pay for mental health and substance
abuse treatment. Specifically every cash bail or bail bond authorized
pursuant to subdivision one of section 520.10 of this article shall be
subject to a surcharge of 1%. All money collected shall be deposited in
the pretrial mental health and substance abuse services bail fund to
reimburse counties for pretrial mental health and substance abuse evalu-
ations and services.

Section 3 Adds two new subparagraphs (ix) and (x) to subdivision 1 of
section 150.20 of the criminal procedure law to add when it has been
reported to an officer by an enumerated qualifying list of individuals
that based on the observed behavior of the person in present contact
with the officer and facts regarding the person's condition indicate a
sign of distress to such degree that the person would face harm without
immediate medical or mental health care, that bringing the person before
the court would be in the persons' interest in addressing that need.

Section 4 adds a new section 99-ii to the state finance law to create
the pretrial mental health and substance abuse services bail fund.  This
fund which is held in joint custody between Taxation and Finance and the
Comptroller is a special fund to consist of all revenue received under
section 520.50 of the criminal procedure law and all other funds appro-
priates, credited, or transferred. Money can only be expended for
reimbursement to counties for expenses incurred for pretrial mental
health and substance abuse evaluations pursuant to subdivision four of
section 550.10 of the criminal procedure law.

Section 5 is the effective date.

 
JUSTIFICATION:

When an individual suffering from mental health and or substance abuse
intersects with the criminal justice system, there exists the opportu-
nity to assist this individual in getting the treatment they need. The
mechanism created within this legislation will allow a judge discretion
to require mental health and or substance abuse evaluation and treatment
as part of their release pending trial. Requiring an individual to
undergo a mental health and/or substance abuse evaluation at the
discretion of a judge provides an incredible opportunity to address
underling mental health and substance abuse issues that are better
served being treated outside of our prisons and jails.

 
LEGISLATIVE HISTORY:

S. 7242/A. 9557 of 2020; Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2021-S198 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    198
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, BROOKS, FELDER, GAUGHRAN, GOUNARDES, HARCK-
   HAM, KAMINSKY, SAVINO, SKOUFIS,  THOMAS  --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  criminal procedure law, in relation to pretrial
   mental health  and  substance  abuse  evaluations  and  treatment  for
   certain defendants; and to amend the state finance law, in relation to
   establishing  the  pretrial mental health and substance abuse services
   bail fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 550.10 of the criminal procedure law is amended by
 adding a new subdivision 4 to read as follows:
   4. ON APPLICATION OF: (A) THE PROSECUTION; (B) DEFENSE COUNSEL; (C)  A
 FAMILY  MEMBER OF THE PRINCIPAL; (D) ANY PERSON EIGHTEEN YEARS OF AGE OR
 OLDER WITH WHOM THE PRINCIPAL RESIDES; (E) THE DIRECTOR OF A HOSPITAL IN
 WHICH THE PRINCIPAL IS HOSPITALIZED; (F) THE DIRECTOR OF ANY  PUBLIC  OR
 CHARITABLE ORGANIZATION, AGENCY OR HOME PROVIDING MENTAL HEALTH SERVICES
 TO  THE  PRINCIPAL  OR IN WHOSE INSTITUTION THE PRINCIPAL RESIDES; (G) A
 QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING  THE  TREATMENT  OF  OR
 TREATING  THE  PRINCIPAL  FOR  A  MENTAL  ILLNESS;  (H)  A PSYCHOLOGIST,
 LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE  OF  THE  EDUCATION
 LAW,  OR  A  SOCIAL  WORKER,  LICENSED  PURSUANT  TO ARTICLE ONE HUNDRED
 FIFTY-FOUR OF THE EDUCATION LAW, WHO IS TREATING  THE  PRINCIPAL  FOR  A
 MENTAL  ILLNESS;  (I)  THE DIRECTOR OF COMMUNITY SERVICES, OR HIS OR HER
 DESIGNEE, OR THE SOCIAL SERVICES OFFICIAL,  AS  DEFINED  IN  THE  SOCIAL
 SERVICES LAW, OF THE CITY OR COUNTY IN WHICH THE PRINCIPAL IS PRESENT OR
 REASONABLY  BELIEVED TO BE PRESENT; OR (J) A PAROLE OFFICER OR PROBATION
 OFFICER ASSIGNED TO SUPERVISE THE PRINCIPAL; A PRINCIPAL CHARGED WITH  A
 CRIME  NOT  SUBJECT TO BAIL SHALL BE REFERRED TO THE COUNTY IN WHICH THE
 CRIME WAS COMMITTED FOR A MENTAL HEALTH AND/OR  SUBSTANCE  ABUSE  EVALU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01953-01-1

 S. 198                              2
 
 ATION AND IF, AFTER SUCH EVALUATION, IT IS DETERMINED THAT THE PRINCIPAL
 REQUIRES  TREATMENT FOR SUCH MENTAL HEALTH DIAGNOSIS OR SUBSTANCE ABUSE,
 THE COURT MAY ORDER THAT COMPLIANCE  WITH  SUCH  TREATMENT  SHALL  BE  A
 CONDITION OF RELEASE PENDING TRIAL.
   §  2.  The  criminal  procedure law is amended by adding a new section
 520.50 to read as follows:
 § 520.50 BAIL SURCHARGE; MENTAL HEALTH AND SUBSTANCE ABUSE.
   EVERY CASH BAIL OR BAIL BOND AUTHORIZED PURSUANT TO SUBDIVISION ONE OF
 SECTION 520.10 OF THIS ARTICLE AND IMPOSED BY THE COURT PURSUANT TO THIS
 PART SHALL BE SUBJECT TO A SURCHARGE IN THE AMOUNT OF ONE  PERCENT.  ALL
 MONIES  COLLECTED FROM SUCH SURCHARGE SHALL BE DEPOSITED IN THE PRETRIAL
 MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BAIL FUND ESTABLISHED  PURSU-
 ANT  TO  SECTION  NINETY-NINE-II  OF THE STATE FINANCE LAW TO BE USED TO
 REIMBURSE COUNTIES FOR PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE EVALU-
 ATIONS AND SERVICES REQUIRED BY SUBDIVISION FOUR OF  SECTION  550.10  OF
 THIS PART.
   §  3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section  1-a  of  part
 JJJ  of  chapter 59 of the laws of 2019, is amended and two new subpara-
 graphs (ix) and (x) are added to read as follows:
   (viii) it reasonably appears to the officer,  based  on  the  observed
 behavior  of  the individual in the present contact with the officer and
 facts regarding the person's condition that indicates a sign of distress
 to such a degree that the  person  would  face  harm  without  immediate
 medical or mental health care, that bringing the person before the court
 would  be  in  such person's interest in addressing that need; provided,
 however, that before making the  arrest,  the  officer  shall  make  all
 reasonable   efforts  to  assist  the  person  in  securing  appropriate
 services[.];
   (IX) IT HAS BEEN REPORTED TO THE OFFICER BY:
   (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER  WITH  WHOM  THE  PERSON
 RESIDES; OR
   (B)  THE  PARENT,  SPOUSE,  SIBLING EIGHTEEN YEARS OF AGE OR OLDER, OR
 CHILD EIGHTEEN YEARS OF AGE OR OLDER OF THE PERSON; OR
   (C) THE DIRECTOR OF A HOSPITAL IN WHICH THE PERSON IS HOSPITALIZED; OR
   (D) THE DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION,  AGENCY  OR
 HOME PROVIDING MENTAL HEALTH SERVICES TO THE PERSON OR IN WHOSE INSTITU-
 TION THE PERSON RESIDES; OR
   (E)  A  QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING THE TREATMENT
 OF OR TREATING THE PERSON FOR A MENTAL ILLNESS; OR
   (F) A PSYCHOLOGIST, LICENSED PURSUANT TO ARTICLE  ONE  HUNDRED  FIFTY-
 THREE  OF  THE  EDUCATION  LAW, OR A SOCIAL WORKER, LICENSED PURSUANT TO
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, WHO IS TREATING THE
 PERSON FOR A MENTAL ILLNESS; OR
   (G) THE DIRECTOR OF COMMUNITY SERVICES, OR HIS OR HER DESIGNEE, OR THE
 SOCIAL SERVICES OFFICIAL, AS DEFINED IN THE SOCIAL SERVICES LAW, OF  THE
 CITY  OR COUNTY IN WHICH THE PERSON IS PRESENT OR REASONABLY BELIEVED TO
 BE PRESENT; OR
   (H) A PAROLE OFFICER OR PROBATION OFFICER ASSIGNED  TO  SUPERVISE  THE
 PERSON;
   (X)  BASED  ON  THE  OBSERVED  BEHAVIOR  OF  THE PERSON IN THE PRESENT
 CONTACT WITH THE OFFICER AND FACTS REGARDING THE PERSON'S CONDITION THAT
 INDICATE A SIGN OF DISTRESS TO SUCH A DEGREE THAT THE PERSON WOULD  FACE
 HARM  WITHOUT IMMEDIATE MEDICAL OR MENTAL HEALTH CARE, THAT BRINGING THE
 PERSON BEFORE THE COURT WOULD BE IN SUCH PERSON'S INTEREST IN ADDRESSING
 THAT NEED; PROVIDED, HOWEVER, THAT BEFORE MAKING THE ARREST, THE OFFICER

 S. 198                              3
 
 SHALL MAKE ALL REASONABLE EFFORTS  TO  ASSIST  THE  PERSON  IN  SECURING
 APPROPRIATE SERVICES.
   § 4. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II.  PRETRIAL  MENTAL  HEALTH  AND SUBSTANCE ABUSE SERVICES BAIL
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL  FUND
 TO  BE KNOWN AS THE "PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
 BAIL FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION AND FINANCE PURSUANT TO THE PROVISIONS OF SECTION 520.50 OF
 THE CRIMINAL PROCEDURE LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED,
 OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT  TO  LAW.
 NOTHING  CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS,  OR  BEQUESTS  FOR  THE  FUND  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. MONIES OF THE FUND SHALL BE  EXPENDED  ONLY  FOR  REIMBURSEMENT  TO
 COUNTIES  FOR  EXPENSES  INCURRED  BY  SUCH COUNTIES FOR PRETRIAL MENTAL
 HEALTH AND/OR SUBSTANCE ABUSE EVALUATIONS AND TREATMENT REQUIRED  PURSU-
 ANT TO SUBDIVISION FOUR OF SECTION 550.10 OF THE CRIMINAL PROCEDURE LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF TAXATION AND FINANCE.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S198A (ACTIVE) - Details

See Assembly Version of this Bill:: A916
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§550.10 & 150.20, add §520.50, CP L; add §99-oo, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7242, A9557
2023-2024: S5233, A1826

2021-S198A (ACTIVE) - Summary

Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

2021-S198A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S198A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to pretrial
mental health and substance abuse evaluations and treatment for certain
defendants; and to amend the state finance law, in relation to estab-
lishing the pretrial mental health and substance abuse services bail
fund

 
PURPOSE:

To create a pretrial mental health and substance abuse evaluation for
individuals who are in crisis, as well as setting as a condition of
pretrial release a referral to mental health and substance abuse evalu-
ation and compliance with needed treatment a condition of pre-trial
release.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new subdivision 4 to Section 550.10 of the criminal

procedure law to allow a judge on application from an enumerated quali-
fying list of individuals to require a principal charged with a crime
not subject to bail to be referred for a mental health and/or substance
abuse evaluation in the county. This section also requires police to
make reasonable efforts to contact these enumerated individuals.
Further, if determined that the principal requires treatment the court
may order that compliance with such treatment shall be a condition of
release pending trial.

Section 2 adds a new section 520.50 to the criminal procedure law to
institute a bail surcharge to help pay for mental health and substance
abuse treatment. Specifically every cash bail or bail bond authorized
pursuant to subdivision one of section 520.10 of this article shall be
subject to a surcharge of 1%. All money collected shall be deposited in
the pretrial mental health and substance abuse services bail fund to
reimburse counties for pretrial mental health and substance abuse evalu-
ations and services.

Section 3 Adds two new subparagraphs (ix) and (x) to subdivision 1 of
section 150.20 of the criminal procedure law to add when it has been
reported to an officer by an enumerated qualifying list of individuals
that based on the observed behavior of the person in present contact
with the officer and facts regarding the person's condition indicate a
sign of distress to such degree that the person would face harm without
immediate medical or mental health care, that bringing the person before
the court would be in the persons' interest in addressing that need.

Section 4 adds a new section 99-ii to the state finance law to create
the pretrial mental health and substance abuse services bail fund.  This
fund which is held in joint custody between Taxation and Finance and the
Comptroller is a special fund to consist of all revenue received under
section 520.50 of the criminal procedure law and all other funds appro-
priates, credited, or transferred. Money can only be expended for
reimbursement to counties for expenses incurred for pretrial mental
health and substance abuse evaluations pursuant to subdivision four of
section 550.10 of the criminal procedure law.

Section 5 is the effective date.

 
JUSTIFICATION:

When an individual suffering from mental health and or substance abuse
intersects with the criminal justice system, there exists the opportu-
nity to assist this individual in getting the treatment they need. The
mechanism created within this legislation will allow a judge discretion
to require mental health and or substance abuse evaluation and treatment
as part of their release pending trial.  Requiring an individual to
undergo a mental health and/or substance abuse evaluation at the
discretion of a judge provides an incredible opportunity to address
underling mental health and substance abuse issues that are better
served being treated outside of our prisons and jails.

 
LEGISLATIVE HISTORY:

S.7242/A.9557 of 2020; Referred to Senate Codes Committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2021-S198A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  198--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. KAPLAN, BROOKS, FELDER, GAUGHRAN, GOUNARDES, HARCK-
   HAM, KAMINSKY, SAVINO, SKOUFIS,  THOMAS  --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Codes --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  pretrial
   mental  health  and  substance  abuse  evaluations  and  treatment for
   certain defendants; and to amend the state finance law, in relation to
   establishing the pretrial mental health and substance  abuse  services
   bail fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 550.10 of the criminal procedure law is amended  by
 adding a new subdivision 4 to read as follows:
   4.  ON APPLICATION OF: (A) THE PROSECUTION; (B) DEFENSE COUNSEL; (C) A
 FAMILY MEMBER OF THE PRINCIPAL; (D) ANY PERSON EIGHTEEN YEARS OF AGE  OR
 OLDER WITH WHOM THE PRINCIPAL RESIDES; (E) THE DIRECTOR OF A HOSPITAL IN
 WHICH  THE  PRINCIPAL IS HOSPITALIZED; (F) THE DIRECTOR OF ANY PUBLIC OR
 CHARITABLE ORGANIZATION, AGENCY OR HOME PROVIDING MENTAL HEALTH SERVICES
 TO THE PRINCIPAL OR IN WHOSE INSTITUTION THE PRINCIPAL  RESIDES;  (G)  A
 QUALIFIED  PSYCHIATRIST  WHO  IS  EITHER SUPERVISING THE TREATMENT OF OR
 TREATING THE  PRINCIPAL  FOR  A  MENTAL  ILLNESS;  (H)  A  PSYCHOLOGIST,
 LICENSED  PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION
 LAW, OR A SOCIAL  WORKER,  LICENSED  PURSUANT  TO  ARTICLE  ONE  HUNDRED
 FIFTY-FOUR  OF  THE  EDUCATION  LAW, WHO IS TREATING THE PRINCIPAL FOR A
 MENTAL ILLNESS; (I) THE DIRECTOR OF COMMUNITY SERVICES, OR  HIS  OR  HER
 DESIGNEE,  OR  THE  SOCIAL  SERVICES  OFFICIAL, AS DEFINED IN THE SOCIAL
 SERVICES LAW, OF THE CITY OR COUNTY IN WHICH THE PRINCIPAL IS PRESENT OR
 REASONABLY BELIEVED TO BE PRESENT; OR (J) A PAROLE OFFICER OR  PROBATION
 OFFICER  ASSIGNED TO SUPERVISE THE PRINCIPAL; A PRINCIPAL CHARGED WITH A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01953-02-1
 S. 198--A                           2
 
 CRIME NOT SUBJECT TO BAIL SHALL BE REFERRED TO THE COUNTY IN  WHICH  THE
 CRIME  WAS  COMMITTED  FOR A MENTAL HEALTH AND/OR SUBSTANCE ABUSE EVALU-
 ATION AND IF, AFTER SUCH EVALUATION, IT IS DETERMINED THAT THE PRINCIPAL
 REQUIRES  TREATMENT FOR SUCH MENTAL HEALTH DIAGNOSIS OR SUBSTANCE ABUSE,
 THE COURT MAY ORDER THAT COMPLIANCE  WITH  SUCH  TREATMENT  SHALL  BE  A
 CONDITION OF RELEASE PENDING TRIAL. POLICE SHALL MAKE REASONABLE EFFORTS
 TO  CONTACT THE INDIVIDUALS REFERENCED IN PARAGRAPHS (C), (D), (E), (F),
 (G), (H), (I) AND (J) OF THIS SUBDIVISION IN SITUATIONS WHEN POLICE HAVE
 REASON TO BELIEVE THAT A PRINCIPAL IS SUFFERING FROM  MENTAL  HEALTH  OR
 SUBSTANCE ABUSE ISSUES AS COVERED BY THIS SUBDIVISION.
   §  2.  The  criminal  procedure law is amended by adding a new section
 520.50 to read as follows:
 § 520.50 BAIL SURCHARGE; MENTAL HEALTH AND SUBSTANCE ABUSE.
   EVERY CASH BAIL OR BAIL BOND AUTHORIZED PURSUANT TO SUBDIVISION ONE OF
 SECTION 520.10 OF THIS ARTICLE AND IMPOSED BY THE COURT PURSUANT TO THIS
 PART SHALL BE SUBJECT TO A SURCHARGE IN THE AMOUNT OF ONE  PERCENT.  ALL
 MONIES  COLLECTED FROM SUCH SURCHARGE SHALL BE DEPOSITED IN THE PRETRIAL
 MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES BAIL FUND ESTABLISHED  PURSU-
 ANT  TO  SECTION  NINETY-NINE-OO  OF THE STATE FINANCE LAW TO BE USED TO
 REIMBURSE COUNTIES FOR PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE EVALU-
 ATIONS AND SERVICES REQUIRED BY SUBDIVISION FOUR OF  SECTION  550.10  OF
 THIS PART.
   §  3. Subparagraph (viii) of paragraph (b) of subdivision 1 of section
 150.20 of the criminal procedure law, as added by section  1-a  of  part
 JJJ of chapter 59 of the laws of 2019, is amended and a new subparagraph
 (ix) is added to read as follows:
   (viii)  it  reasonably  appears  to the officer, based on the observed
 behavior of the individual in the present contact with the  officer  and
 facts regarding the person's condition that indicates a sign of distress
 to  such  a  degree  that  the  person would face harm without immediate
 medical or mental health care, that bringing the person before the court
 would be in such person's interest in addressing  that  need;  provided,
 however,  that  before  making  the  arrest,  the officer shall make all
 reasonable  efforts  to  assist  the  person  in  securing   appropriate
 services[.]  AND  SHALL  ALSO MAKE ALL REASONABLE EFFORTS TO CONTACT THE
 INDIVIDUALS REFERENCED IN SUBPARAGRAPH (IX) OF THIS PARAGRAPH TO  INFORM
 SUCH INDIVIDUALS OF THE SITUATION;
   (IX) IT HAS BEEN REPORTED TO THE OFFICER BY:
   (A)  ANY  PERSON  EIGHTEEN  YEARS OF AGE OR OLDER WITH WHOM THE PERSON
 RESIDES; OR
   (B) THE PARENT, SPOUSE, SIBLING EIGHTEEN YEARS OF  AGE  OR  OLDER,  OR
 CHILD EIGHTEEN YEARS OF AGE OR OLDER OF THE PERSON; OR
   (C) THE DIRECTOR OF A HOSPITAL IN WHICH THE PERSON IS HOSPITALIZED; OR
   (D)  THE  DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION, AGENCY OR
 HOME PROVIDING MENTAL HEALTH SERVICES TO THE PERSON OR IN WHOSE INSTITU-
 TION THE PERSON RESIDES; OR
   (E) A QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING  THE  TREATMENT
 OF OR TREATING THE PERSON FOR A MENTAL ILLNESS; OR
   (F)  A  PSYCHOLOGIST,  LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
 THREE OF THE EDUCATION LAW, OR A SOCIAL  WORKER,  LICENSED  PURSUANT  TO
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW, WHO IS TREATING THE
 PERSON FOR A MENTAL ILLNESS; OR
   (G) THE DIRECTOR OF COMMUNITY SERVICES, OR HIS OR HER DESIGNEE, OR THE
 SOCIAL  SERVICES OFFICIAL, AS DEFINED IN THE SOCIAL SERVICES LAW, OF THE
 CITY OR COUNTY IN WHICH THE PERSON IS PRESENT OR REASONABLY BELIEVED  TO
 BE PRESENT; OR
 S. 198--A                           3
 
   (H)  A  PAROLE  OFFICER OR PROBATION OFFICER ASSIGNED TO SUPERVISE THE
 PERSON.
   § 4. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   §  99-OO.  PRETRIAL  MENTAL  HEALTH  AND SUBSTANCE ABUSE SERVICES BAIL
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
 SIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL  FUND
 TO  BE KNOWN AS THE "PRETRIAL MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
 BAIL FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION AND FINANCE PURSUANT TO THE PROVISIONS OF SECTION 520.50 OF
 THE CRIMINAL PROCEDURE LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED,
 OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT  TO  LAW.
 NOTHING  CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS,
 GIFTS,  OR  BEQUESTS  FOR  THE  FUND  AND  DEPOSITING THEM INTO THE FUND
 ACCORDING TO LAW.
   3. MONIES OF THE FUND SHALL BE  EXPENDED  ONLY  FOR  REIMBURSEMENT  TO
 COUNTIES  FOR  EXPENSES  INCURRED  BY  SUCH COUNTIES FOR PRETRIAL MENTAL
 HEALTH AND/OR SUBSTANCE ABUSE EVALUATIONS AND TREATMENT REQUIRED  PURSU-
 ANT TO SUBDIVISION FOUR OF SECTION 550.10 OF THE CRIMINAL PROCEDURE LAW.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF TAXATION AND FINANCE.
   §  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S198A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2021-S198 - Details

2021-S198 - Summary

2021-S198 - Sponsor Memo

2021-S198 - Bill Text download pdf

co-Sponsors

2021-S198A (ACTIVE) - Details

2021-S198A (ACTIVE) - Summary

2021-S198A (ACTIVE) - Sponsor Memo

2021-S198A (ACTIVE) - Bill Text download pdf

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