S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1699
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A. SIMON -- Multi-Sponsored by -- M. of A. CRUZ,
   GONZALEZ-ROJAS, LUPARDO, OTIS, L. ROSENTHAL -- read once and  referred
   to the Committee on Codes
 
 AN  ACT  to  amend  the criminal procedure law, in relation to releasing
   individuals charged with a crime under non-monetary bail conditions in
   order to receive mental health screening or be admitted to a  hospital
   as  a  result of a mental illness which is likely to result in harm to
   such individual or others; and to repeal subdivision  3-c  of  section
   500.10  of  the  criminal  procedure  law  relating to the release for
   mental health assessment and  evaluation  and  involuntary  commitment
   pending release
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3-c of section 500.10 of the criminal procedure
 law is REPEALED.
   § 2. Paragraph (f) of subdivision 3-a of section 500.10 of the  crimi-
 nal procedure law, as added by section 1 of part UU of chapter 56 of the
 laws of 2020, is amended to read as follows:
   (f)  that  the principal be referred to a pretrial services agency for
 placement in mandatory programming, including:
   (I) counseling[,];
   (II) treatment[, and];
   (III) intimate partner violence intervention programs; AND
   (IV) MENTAL HEALTH TREATMENT.   THE  COURT  MAY  EXPEDITIOUSLY  EMPLOY
 AVAILABLE RESOURCES FOR MENTAL HEALTH SCREENING INCLUDING BUT NOT LIMIT-
 ED  TO A MOBILE CRISIS RESPONSE PROVIDER OR SIMILAR ENTITY IN THE COURT-
 HOUSE.  WITH REGARD TO MENTAL HEALTH TREATMENT:
   (1) Where applicable, the court may direct the principal be removed to
 a hospital OR A CRISIS STABILIZATION CENTER pursuant to SUBDIVISIONS (A)
 AND (B) OF section 9.43 of the mental hygiene law. FOR PURPOSES OF  THIS
 SUBPARAGRAPH,  WHERE  THE  COURT PROCEEDS PURSUANT TO SUBDIVISION (A) OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03200-01-3
              

 A. 1699                             2
 
 SECTION 9.43 OF THE MENTAL HYGIENE LAW, THE COURT IS NOT REQUIRED TO AND
 SHALL NOT MAKE A DETERMINATION WITH RESPECT TO  WHETHER  THE  CRIME  HAS
 BEEN COMMITTED OR WHETHER THERE IS SUFFICIENT CAUSE TO BELIEVE THE PRIN-
 CIPAL IS GUILTY THEREOF.
   (2)  IF  IT APPEARS TO THE COURT ON THE BASIS OF EVIDENCE PRESENTED TO
 IT THAT THE PERSON HAS OR MAY HAVE A MENTAL ILLNESS WHICH IS  LIKELY  TO
 RESULT  IN  SERIOUS  HARM TO HIMSELF OR HERSELF OR OTHERS, THE COURT MAY
 EITHER (A) PERMIT THE PERSON TO PRESENT HIMSELF OR HERSELF TO ANY HOSPI-
 TAL SPECIFIED IN SUBDIVISION (A) OF SECTION 9.39 OF THE  MENTAL  HYGIENE
 LAW  OR  ANY  COMPREHENSIVE  PSYCHIATRIC  EMERGENCY PROGRAM SPECIFIED IN
 SUBDIVISION (A) OF SECTION 9.40 OF  THE  MENTAL  HYGIENE  LAW,  FOR  THE
 PERSON  TO MAKE AN APPLICATION FOR ADMISSION TO THE HOSPITAL AS A VOLUN-
 TARY PATIENT PURSUANT TO SECTION 9.13 OF THE MENTAL HYGIENE LAW; OR  (B)
 ISSUE A CIVIL ORDER DIRECTING THEIR REMOVAL TO ANY HOSPITAL SPECIFIED IN
 SUBDIVISION (A) OF SECTION 9.39 OF THE MENTAL HYGIENE LAW OR ANY COMPRE-
 HENSIVE  PSYCHIATRIC  EMERGENCY  PROGRAM SPECIFIED IN SUBDIVISION (A) OF
 SECTION 9.40 OF THE MENTAL HYGIENE LAW, THAT IS WILLING TO RECEIVE  SUCH
 PERSON FOR A DETERMINATION, BY THE DIRECTOR OF SUCH HOSPITAL OR PROGRAM,
 WHETHER  SUCH PERSON SHOULD BE RETAINED THEREIN PURSUANT TO SECTION 9.39
 OR SECTION 9.40 OF THE MENTAL HYGIENE LAW, AS APPROPRIATE.
   (3) IF THE COURT ORDERS REMOVAL TO A HOSPITAL FOR IMMEDIATE  PSYCHIAT-
 RIC  ASSESSMENT,  THE PRINCIPAL MAY BE TAKEN BY AN ENTITY, INCLUDING BUT
 NOT LIMITED TO, AN AMBULANCE SERVICE, AS DEFINED IN SUBDIVISION  TWO  OF
 SECTION  THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, ANY PEACE OFFICER,
 WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR POLICE OFFICER WHO IS A
 MEMBER OF THE STATE POLICE OR OF  AN  AUTHORIZED  POLICE  DEPARTMENT  OR
 FORCE, OR OF A SHERIFF'S DEPARTMENT, TO ANY HOSPITAL SPECIFIED IN SUBDI-
 VISION  (A)  OF SECTION 9.39 OF THE MENTAL HYGIENE LAW OR ANY COMPREHEN-
 SIVE PSYCHIATRIC EMERGENCY  PROGRAM  SPECIFIED  IN  SUBDIVISION  (A)  OF
 SECTION 9.40 OF THE MENTAL HYGIENE LAW.
   (4)  DISCHARGE  AND  AFTERCARE  PLANNING, INCLUDING SUPPORTIVE HOUSING
 REFERRALS, SHALL BE PROVIDED CONSISTENT  WITH  FEDERAL  AND  STATE  LAW,
 INCLUDING  BUT  NOT  LIMITED  TO SUBDIVISION (G) OF SECTION 29.15 OF THE
 MENTAL HYGIENE LAW AND TO THE EXTENT THAT IT HAS  THE  ABILITY  TO,  THE
 HOSPITAL  WILL  TAKE  APPROPRIATE  STEPS  SO  THAT  COMMUNITY  PLACEMENT
 SERVICES ARE PROVIDED CONSISTENT WITH FEDERAL AND STATE  LAW.  DISCHARGE
 PLANNING  SHALL BEGIN AT ADMISSION AND CONTINUE THROUGHOUT THE COURSE OF
 THE PRINCIPAL'S HOSPITALIZATION UNTIL THE PRINCIPAL IS DISCHARGED.
   (5) IF THE PRINCIPAL HAS MET THE  DISCHARGE  CRITERIA  THEY  SHALL  BE
 DISCHARGED  AND  OFFERED  A  CLINICALLY  APPROPRIATE  DISCHARGE  PLAN IN
 ACCORDANCE WITH, BUT NOT LIMITED TO SUBDIVISION (G) OF SECTION 29.15  OF
 THE MENTAL HYGIENE LAW.
   (6)  IF  THE  PRINCIPAL  IS  A  CHILD, THEN ANY ORDER FOR VOLUNTARY OR
 INVOLUNTARY ASSESSMENT SHALL BE DONE  IN  ACCORDANCE  WITH  SECTION  TWO
 HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
   (7)  THE  COURT CAN, AS A CONDITION OF RELEASE, ADJOURN TO A TREATMENT
 COURT FOR THE POSSIBILITY OF EVALUATION.
   (8) CONDITIONS OF RELEASE MAY NOT BE REVOKED SOLELY BASED  ON  NONCOM-
 PLIANCE  WITH  TREATMENT  OR  CLINICALLY  APPROPRIATE  DISCHARGE PLAN OR
 AFTERCARE PLAN;
   § 3. Paragraphs (i) and (j) of subdivision 3-a of  section  500.10  of
 the  criminal procedure law, as added by section 1 of part UU of chapter
 56 of the laws of 2020, are amended and a new paragraph (k) is added  to
 read as follows:
   (i)  that  the principal obey conditions set by the court addressed to
 the safety of a victim of a family offense as defined in section  530.11
 A. 1699                             3
 
 of this title including conditions that may be requested by or on behalf
 of the victim; [and]
   (j)  that,  when  it is shown pursuant to paragraph (a) of subdivision
 four of section 510.40 of this title that no other  realistic  non-mone-
 tary condition or set of non-monetary conditions will suffice to reason-
 ably assure the principal's return to court, the principal's location be
 monitored  with  an approved electronic monitoring device, in accordance
 with such subdivision four of section 510.40 of this title[.]; AND
   (K) ANY CLINICAL RECORD OR CLINICAL INFORMATION PRODUCED AS A PART  OF
 THE ASSESSMENT, SERVICE OR TREATMENT PLANS REQUIRED PURSUANT TO SUBPARA-
 GRAPH  (IV) OF PARAGRAPH (F) OF THIS SUBDIVISION, OR ANY CLINICAL RECORD
 OR CLINICAL INFORMATION USED OR PRODUCED IN A PROCEEDING CONDUCTED UNDER
 SUBPARAGRAPH (IV) OF PARAGRAPH (F) OF THIS SUBDIVISION, SHALL BE CONSID-
 ERED CONFIDENTIAL AND SHALL NOT BE CONSIDERED PART OF THE PUBLIC RECORD,
 AND ACCESS TO SUCH RECORDS SHALL BE LIMITED IN ACCORDANCE WITH  APPLICA-
 BLE  FEDERAL  AND STATE PRIVACY LAWS. SUCH INFORMATION SHALL NOT BE USED
 AS PART OF THE CRIMINAL PROCEEDING AND SHALL BE EXPUNGED UPON RESOLUTION
 OF THE CASE.
   § 4. This act shall take effect immediately.