NY State Senate Bill 2021-S4748

Senate Bill S4748

2021-2022 Legislative Session

Establishes a state crisis intervention demonstration program and a crisis intervention team training fund

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Archive: Last Bill Status - In Senate Committee Mental Health 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 mental health
Feb 10, 2021	referred to mental health

co-Sponsors

2021-S4748 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §§7.51 & 7.53, amd §19.07, Ment Hyg L; add §99-ii, St Fin L; add §209-gg, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7449
2017-2018: S3272
2019-2020: S4218
2023-2024: S5875

2021-S4748 (ACTIVE) - Summary

Establishes a state crisis intervention demonstration program and a crisis intervention team training fund.

2021-S4748 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4748

SPONSOR: PARKER
 
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 state crisis inter-
vention demonstration program and a crisis intervention team training
fund

 
PURPOSE:

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

7.51, 7.53 and 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 (1) 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, a 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 oner-
ous burden on taxpayers. 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 Tennessee.

 
LEGISLATIVE HISTORY:

2019-20: S.4218 - Referred to Mental Health and Developmental Disabili-
ties
2017-18: S.6844 - Referred to Mental Health and Developmental Disabili-
ties
2015-16: S.2644A- Amend and recommitted to mental health and develop-
mental disabilities
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.

2021-S4748 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4748
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, the state finance  law  and  the
   general  municipal  law,  in  relation  to establishing a state crisis
   intervention demonstration program  and  a  crisis  intervention  team
   training fund
 
   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  two  new
 sections 7.51 and 7.53 to read as follows:
 § 7.51 CRISIS INTERVENTION DEMONSTRATION PROGRAM.
   (A)  THE  COMMISSIONER  SHALL  ESTABLISH  A CRISIS INTERVENTION DEMON-
 STRATION PROGRAM IN THE STATE OF NEW YORK FOR THE PURPOSE  OF  ASSISTING
 LAW  ENFORCEMENT  OFFICERS  IN RESPONDING TO CRISIS SITUATIONS INVOLVING
 PERSONS WITH MENTAL ILLNESS AND/OR SUBSTANCE USE DISORDER.
   (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 MUNICIPAL
 POLICE DEPARTMENTS AND ANY OTHER LAW ENFORCEMENT  AGENCY  IN  THE  STATE
 THAT  REQUESTS  ASSISTANCE  TO COORDINATE THE PROVISION OF CRISIS INTER-
 VENTION TEAM TRAINING TO ITS FIRST RESPONDERS AS A PART OF A SPECIALIZED
 RESPONSE TEAM OR AS PART OF TRAINING FOR FIRST RESPONDERS.
   (C) THE CRISIS INTERVENTION TEAM TRAINING PROGRAM COORDINATOR SHALL:
   (1) WORK WITH COMMUNITIES TO DEVELOP PARTNERSHIPS,  COORDINATE  ACTIV-
 ITIES  AND PROMOTE COOPERATION AND COLLABORATION BETWEEN THE OFFICE, THE
 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;
   (2) 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.

                                                            LBD09216-01-1

 S. 4748                             2
 
   (3)  PROVIDE  SUPPORT,  TRAINING  AND COMMUNITY COORDINATION TO ENSURE
 THAT MENTAL HEALTH SERVICE PROVIDERS IN THE COMMUNITY  PROVIDE  ALTERNA-
 TIVES TO INCARCERATION;
   (4)  THROUGH  FEDERAL  AND  PRIVATE GRANTS, 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-II OF THE STATE FINANCE LAW;
   (5)  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
   (6) 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.
   (D) THE DEMONSTRATION PROGRAM ESTABLISHED  PURSUANT  TO  THIS  SECTION
 SHALL END FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
 § 7.53 CRISIS INTERVENTION ADVISORY COMMITTEE.
   (A) THERE IS HEREBY ESTABLISHED A CRISIS INTERVENTION ADVISORY COMMIT-
 TEE.
   (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 ADDICTION SERVICES AND
 SUPPORTS;
   (8) ONE MEMBER APPOINTED BY THE COMMISSIONER OF ADDICTION SERVICES AND
 SUPPORTS  WHO  REPRESENTS A STATEWIDE BEHAVIOR ADVOCACY GROUP, AGENCY OR
 ASSOCIATION;

 S. 4748                             3
 
   (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;
   (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 APPOINTED BY THE COMMISSIONER OF THE DIVISION OF CRIM-
 INAL JUSTICE SERVICES UPON THE  RECOMMENDATION  OF  A  STATE  BENEVOLENT
 ASSOCIATION  REPRESENTING  PEACE OFFICERS WHO IS A CERTIFIED PEACE OFFI-
 CER;
   (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 OF A POLICE DEPARTMENT APPOINTED BY EACH  COUNTY  THAT
 HAS  A  CRISIS  INTERVENTION  TEAM  ESTABLISHED  PURSUANT TO SECTION TWO
 HUNDRED NINE-GG OF THE GENERAL MUNICIPAL LAW.
   (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 7.51 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 ADDICTION SERVICES AND  SUPPORTS,  THE  DIVISION  OF  CRIMINAL
 JUSTICE SERVICES, MUNICIPAL POLICE DEPARTMENTS, THE GOVERNOR, THE TEMPO-
 RARY 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.
   § 2. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   § 99-II. 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 AND PRIVATE GRANTS.
   3.  ANY CONTRACTORS THAT RECEIVE MONEYS PURSUANT TO THIS SECTION SHALL
 SUBMIT QUARTERLY REPORTS TO THE COMMISSIONER OF  THE  OFFICE  OF  MENTAL
 HEALTH  REGARDING  THE  USE AND EFFECTIVENESS OF THE DISTRIBUTED MONEYS.
 THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH SHALL INCLUDE A  SUMMARY
 OF  THE  FUND ANALYSIS IN THE ANNUAL REPORT REQUIRED PURSUANT TO SECTION
 7.51 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 DIVI-
 SION OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH THE  COMMISSION-
 ERS OF THE OFFICE OF MENTAL HEALTH, OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES  AND  THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, SHALL,
 FOR ALL LOCAL POLICE DEPARTMENTS AND ANY OTHER ENFORCEMENT  AGENCY  THAT
 CHOOSES TO PARTICIPATE:
   (A)  ESTABLISH  CRITERIA  FOR  THE  DEVELOPMENT OF CRISIS INTERVENTION
 TEAMS; AND
   (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:

 S. 4748                             4
 
   (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 USE DISORDER A
 SENSE OF DIGNITY IN CRISIS SITUATIONS;
   (D) REDUCE THE LIKELIHOOD OF PHYSICAL CONFRONTATION;
   (E)  IDENTIFY  UNDERSERVED  POPULATIONS  WITH  MENTAL  ILLNESS  AND/OR
 SUBSTANCE USE DISORDER AND REFER THEM TO APPROPRIATE CARE;
   (F)  DECREASE  THE USE OF ARREST AND DETENTION OF PERSONS EXPERIENCING
 MENTAL HEALTH AND/OR SUBSTANCE USE 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  DIVISION  OF  CRIMINAL  JUSTICE SERVICES 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 (n) to read as follows:
   (N)  THE  OFFICE  OF ADDICTION SERVICES AND SUPPORTS SHALL, IN COLLAB-
 ORATION 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.

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Senate Bill S4748

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Sponsored By

Kevin S. Parker