S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5590
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
   tee on Codes
 
 AN  ACT  to amend the criminal procedure law and the mental hygiene law,
   in relation to allowing for principals to be remanded into custody for
   drug treatment where there is a risk of continued substance abuse

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 510.10 of the criminal procedure law is amended by
 adding three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR  OF
 THIS  SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH PRINCIPAL HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE  ABUSE  AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (B) ADMISSION BY THE PRINCIPAL  THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (C)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06314-01-3
 A. 5590                             2
              

 
   (E)  THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.  TREATMENT,  INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  IMMEDIATE  RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR
 THE CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE  COMPLETION  OF  SUCH  PRINCIPAL'S EVALUATION.   THE PRINCIPAL, SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C. THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL  HEALTH  FACILITY,
 PRIOR  TO  HIS  OR  HER  ARRAIGNMENT. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR  HER
 CONTROLLED  SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY A
 LICENSED PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY  OF
 THE  SHERIFF  OR  CONFINED  AT A TREATMENT OR MENTAL HEALTH FACILITY AND
 THAT THE PRINCIPAL IS NOT IN SUBSTANTIAL RISK FOR  SUBSTANCE  ABUSE,  OR
 THERE  IS  NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON HIS OR
 HER RELEASE FROM CUSTODY.  THE  COURT  SHALL  CONSIDER  THE  PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS, CONVICTIONS AND ANY RECORD OF PARTICIPATION IN ANY  DRUG  COURT
 AND  SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE
 CUSTODY OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL
 HEALTH  FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 THE REMAINDER OF THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD  OF  CUSTODY  OR
 CONFINEMENT.
   §  2. Subdivision 1 of section 530.20 of the criminal procedure law is
 amended by adding three new paragraphs (c),  (e)  and  (f)  to  read  as
 follows:
   (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
 SUBDIVISION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE  PRINCIPAL  TO
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH  PRINCIPAL  HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR  SUPERVISE
 SUCH  PRINCIPAL  IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL RISK OF
 CONTINUED SUBSTANCE ABUSE UPON RELEASE  FROM  CUSTODY.  ALTERNATIVE  AND
 LESS  RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE  ABUSE  TREATMENT CENTER, DRUG REHABILITATION CENTER OR MENTAL
 A. 5590                             3
 
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (I)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (II) ADMISSION BY THE PRINCIPAL THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (III) REQUESTS BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (IV)  A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR OFFENSES RELATED
 TO SUBSTANCE ABUSE;
   (V) THE ARRESTING OFFICER'S TESTIMONY OF  WITNESSING  THE  PRINCIPAL'S
 USE OF A CONTROLLED SUBSTANCE; AND
   (VI)   THE   PRINCIPAL'S  POSSESSION  OF  A  CONTROLLED  SUBSTANCE  OR
 POSSESSION OF PARAPHERNALIA RELATED THERETO.
   (E) UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF,  OR  AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPER-
 VISION, THE COURT SHALL ORDER A DULY LICENSED  PROFESSIONAL  TO  MONITOR
 SUCH  PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR TREATMENT
 AND/OR MEDICATIONS, AND TO COMPLETE AN EVALUATION  FOR  ADDICTION  TO  A
 CONTROLLED  SUBSTANCE.  TREATMENT,  INCLUDING BUT NOT LIMITED TO MEDICA-
 TIONS, SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY,  AS
 RECOMMENDED  BY  SUCH  LICENSED  PROFESSIONAL.  THE PRINCIPAL'S COMPLETE
 EVALUATION, INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF  SUCH
 PRINCIPAL,  IMMEDIATE  RELEASE FROM CUSTODY, AND ANY OTHER PROPOSALS FOR
 THE CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE  COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE  COMPLETION  OF  SUCH  PRINCIPAL'S EVALUATION.   THE PRINCIPAL, SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   (F) THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A  HEARING  TO
 REQUEST  THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL  HEALTH  FACILITY,
 PRIOR  TO  HIS  OR  HER  ARRAIGNMENT. IF WITHIN SEVENTY-TWO HOURS OF THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY RELEASED FROM THE SHERIFF'S  CUSTODY  OR  CONFINEMENT  IN  A
 TREATMENT  FACILITY  OR  MENTAL HEALTH FACILITY AND SERVED AN APPEARANCE
 TICKET. THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR  HER
 CONTROLLED  SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY A
 LICENSED PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY  OF
 THE  SHERIFF  OR  CONFINED  AT A TREATMENT OR MENTAL HEALTH FACILITY AND
 THAT THE PRINCIPAL IS NOT IN SUBSTANTIAL RISK FOR  SUBSTANCE  ABUSE,  OR
 THERE  IS  NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON HIS OR
 HER RELEASE FROM CUSTODY.  THE  COURT  SHALL  CONSIDER  THE  PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS, CONVICTIONS AND ANY RECORD OF PARTICIPATION IN ANY  DRUG  COURT
 AND  SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM THE
 CUSTODY OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR  MENTAL
 HEALTH  FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 THE REMAINDER OF THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD  OF  CUSTODY  OR
 CONFINEMENT.
   § 3. Section 530.40 of the criminal procedure law is amended by adding
 three new subdivisions 5-a, 5-b and 5-c to read as follows:
   5-A.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS THREE AND FOUR OF
 THIS SECTION, THE COURT MAY, IN ITS DISCRETION, COMMIT THE PRINCIPAL  TO
 A. 5590                             4
 
 THE CUSTODY OF THE SHERIFF FOR A PERIOD OF NO MORE THAN FIFTEEN DAYS, IF
 SUCH  PRINCIPAL  HAS A SUBSTANTIAL RISK OF CONTINUED SUBSTANCE ABUSE AND
 THERE IS A LIKELIHOOD OF SERIOUS HARM TO SUCH PRINCIPAL AND THERE EXISTS
 NO  ALTERNATIVE LESS RESTRICTIVE MEANS AVAILABLE TO CONFINE OR SUPERVISE
 SUCH PRINCIPAL IN ORDER TO PREVENT THE PRINCIPAL'S SUBSTANTIAL  RISK  OF
 CONTINUED  SUBSTANCE  ABUSE  UPON  RELEASE FROM CUSTODY. ALTERNATIVE AND
 LESS RESTRICTIVE MEANS OF CONFINEMENT AND SUPERVISION SHALL MEAN  AVAIL-
 ABLE  IMMEDIATE  COMMITMENT  OF  SUCH  PRINCIPAL  IN  A  STATE  LICENSED
 SUBSTANCE ABUSE TREATMENT CENTER, DRUG REHABILITATION CENTER  OR  MENTAL
 HEALTH FACILITY. IN MAKING ITS DETERMINATION, THE COURT MAY CONSIDER THE
 FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A)  KNOWLEDGE  OF  THE  PRINCIPAL'S  FAILED ATTEMPTS TO COMPLETE DRUG
 COURT;
   (B) ADMISSION BY THE PRINCIPAL  THAT  HE  OR  SHE  IS  ADDICTED  TO  A
 CONTROLLED SUBSTANCE;
   (C)  REQUESTS  BY THE PRINCIPAL'S IMMEDIATE FAMILY MEMBERS TO HOLD THE
 PRINCIPAL IN CUSTODY TO PREVENT THE LIKELIHOOD OF SERIOUS HARM;
   (D) A RECORD OF THE PRINCIPAL'S ARRESTS FOR SIMILAR  OFFENSES  RELATED
 TO SUBSTANCE ABUSE;
   (E)  THE ARRESTING OFFICER'S TESTIMONY OF THE PRINCIPAL'S INTOXICATION
 OR OF WITNESSING THE PRINCIPAL'S USE OF A CONTROLLED SUBSTANCE; AND
   (F) THE PRINCIPAL'S POSSESSION OF A CONTROLLED SUBSTANCE OR POSSESSION
 OF PARAPHERNALIA RELATED THERETO.
   5-B. UPON THE COMMITMENT OF SUCH PRINCIPAL TO THE CUSTODY OF THE SHER-
 IFF, OR AN AVAILABLE, LESS RESTRICTIVE MEANS OF CONFINEMENT  AND  SUPER-
 VISION,  THE  COURT  SHALL ORDER A DULY LICENSED PROFESSIONAL TO MONITOR
 SUCH PRINCIPAL AS NEEDED TO EVALUATE THE PRINCIPAL'S NEED FOR  TREATMENT
 AND/OR  MEDICATIONS,  AND  TO  COMPLETE AN EVALUATION FOR ADDICTION TO A
 CONTROLLED SUBSTANCE. TREATMENT, INCLUDING BUT NOT  LIMITED  TO  MEDICA-
 TIONS,  SHALL BE PROVIDED TO THE PRINCIPAL WITHOUT UNNECESSARY DELAY, AS
 RECOMMENDED BY SUCH  LICENSED  PROFESSIONAL.  THE  PRINCIPAL'S  COMPLETE
 EVALUATION,  INCLUDING RECOMMENDATIONS FOR THE CONTINUED CUSTODY OF SUCH
 PRINCIPAL, IMMEDIATE RELEASE FROM CUSTODY, AND ANY OTHER  PROPOSALS  FOR
 THE  CARE AND TREATMENT OF SUCH PRINCIPAL SHALL BE PROVIDED TO THE COURT
 WITHOUT UNNECESSARY DELAY AND WITHIN NO MORE THAN SEVENTY-TWO HOURS FROM
 THE COMPLETION OF SUCH PRINCIPAL'S  EVALUATION.    THE  PRINCIPAL,  SUCH
 PRINCIPAL'S COUNSEL AND THE DISTRICT ATTORNEY'S OFFICE SHALL BE PROVIDED
 A COPY OF THE PRINCIPAL'S EVALUATION UPON REQUEST TO THE COURT.
   5-C.  THE PRINCIPAL SHALL BE AFFORDED THE OPPORTUNITY FOR A HEARING TO
 REQUEST THE PRINCIPAL'S IMMEDIATE RELEASE FROM THE CUSTODY OF THE  SHER-
 IFF  OR  CONFINEMENT  IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY,
 PRIOR TO HIS OR HER ARRAIGNMENT. IF  WITHIN  SEVENTY-TWO  HOURS  OF  THE
 COURT'S RECEIPT OF THE PRINCIPAL'S REQUEST FOR SUCH HEARING, THE PRINCI-
 PAL IS NOT BROUGHT BEFORE A LOCAL CRIMINAL COURT, THE PRINCIPAL SHALL BE
 IMMEDIATELY  RELEASED  FROM  THE  SHERIFF'S  CUSTODY OR CONFINEMENT IN A
 TREATMENT FACILITY OR MENTAL HEALTH FACILITY AND  SERVED  AN  APPEARANCE
 TICKET.  THE  PRINCIPAL  SHALL  BE  ENTITLED  TO  INTRODUCE  HIS  OR HER
 CONTROLLED SUBSTANCE EVALUATION INCLUDING ANY RECOMMENDATIONS MADE BY  A
 LICENSED  PHYSICIAN THAT SUCH PRINCIPAL SHOULD NOT BE HELD IN CUSTODY OF
 THE SHERIFF OR CONFINED AT A TREATMENT OR  MENTAL  HEALTH  FACILITY  AND
 THAT  THE  PRINCIPAL  IS NOT IN SUBSTANTIAL RISK FOR SUBSTANCE ABUSE, OR
 THERE IS NOT A LIKELIHOOD OF SERIOUS HARM TO THE PRINCIPAL UPON  HIS  OR
 HER  RELEASE  FROM  CUSTODY.  THE  COURT  SHALL CONSIDER THE PRINCIPAL'S
 COMPLETE  EVALUATION  INCLUDING  TREATMENT  RECOMMENDATIONS,  RECORD  OF
 ARRESTS,  CONVICTIONS  AND ANY RECORD OF PARTICIPATION IN ANY DRUG COURT
 AND SHALL DECIDE WHETHER TO IMMEDIATELY RELEASE SUCH PRINCIPAL FROM  THE
 A. 5590                             5
 
 CUSTODY  OF THE SHERIFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL
 HEALTH FACILITY, OR TO REMAND THE PRINCIPAL TO THE CUSTODY OF THE  SHER-
 IFF OR CONFINEMENT IN A TREATMENT FACILITY OR MENTAL HEALTH FACILITY FOR
 THE  REMAINDER  OF  THE  PRINCIPAL'S  FIFTEEN  DAY  PERIOD OF CUSTODY OR
 CONFINEMENT.
   § 4.  The fourth undesignated paragraph of section 9.01 of the  mental
 hygiene  law,  as amended by chapter 723 of the laws of 1989, is amended
 to read as follows:
   "likelihood to result in serious harm" or "likely to result in serious
 harm" means (a) a substantial risk of physical harm  to  the  person  as
 manifested  by threats of or attempts at suicide or serious bodily harm,
 A DRUG OVERDOSE REQUIRING THE USE OF  AN  OPIOID  ANTAGONIST,  or  other
 conduct  demonstrating  that  the  person  is  dangerous  to  himself or
 herself, or (b) a substantial risk of physical harm to other persons  as
 manifested  by  homicidal  or other violent behavior by which others are
 placed in reasonable fear of serious physical harm.
   § 5. Paragraph 1 of subdivision (a) of  section  9.37  of  the  mental
 hygiene  law,  as  amended  by  chapter 251 of the laws of 1972 and such
 section as renumbered by chapter 978 of the laws of 1977, is amended  to
 read as follows:
   1.  substantial  risk  of  physical  harm  to himself as manifested by
 threats of or attempts at suicide or serious bodily harm, A  DRUG  OVER-
 DOSE  REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct demon-
 strating that he is dangerous to himself, or
   § 6. Paragraph 1 of subdivision (a) of  section  9.39  of  the  mental
 hygiene  law,  as amended by chapter 789 of the laws of 1985, is amended
 to read as follows:
   1. substantial risk of physical  harm  to  himself  as  manifested  by
 threats  of  or attempts at suicide or serious bodily harm, A DRUG OVER-
 DOSE REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct  demon-
 strating that he is dangerous to himself, or
   § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843
 of the laws of 1980, is amended to read as follows:
 § 9.41 Emergency  admissions for immediate observation, care, and treat-
          ment; powers of certain peace officers and police officers.
   Any peace officer, when acting pursuant  to  his  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  may  take  into
 custody  any  person  who  appears  to be mentally ill and is conducting
 himself in a manner which is likely to result in serious harm to himself
 or others.   "Likelihood to result  in  serious  harm"  shall  mean  (1)
 substantial risk of physical harm to himself as manifested by threats of
 or attempts at suicide or serious bodily harm, A DRUG OVERDOSE REQUIRING
 THE  USE OF AN OPIOID ANTAGONIST, or other conduct demonstrating that he
 is dangerous to himself, or (2) a substantial risk of physical  harm  to
 other  persons  as  manifested by homicidal or other violent behavior by
 which others are placed in reasonable fear  of  serious  physical  harm.
 Such  officer may direct the removal of such person or remove him to any
 hospital specified in subdivision (a) of section 9.39  or,  pending  his
 examination  or  admission  to any such hospital, temporarily detain any
 such person in another safe and comfortable place, in which event,  such
 officer  shall immediately notify the director of community services or,
 if there be none, the health officer of  the  city  or  county  of  such
 action.
 A. 5590                             6
 
   §  8.  Paragraph  3  of subdivision (a) of section 22.09 of the mental
 hygiene law, as amended by section 1 of part D of chapter 69 of the laws
 of 2016, is amended to read as follows:
   3.  "Likelihood to result in harm" or "likely to result in harm" means
 (i) a substantial risk of physical harm to the person as  manifested  by
 threats  of  or attempts at suicide or serious bodily harm, A DRUG OVER-
 DOSE REQUIRING THE USE OF AN OPIOID ANTAGONIST, or other conduct  demon-
 strating  that  the person is dangerous to himself or herself, or (ii) a
 substantial risk of physical harm to  other  persons  as  manifested  by
 homicidal  or  other  violent  behavior  by  which  others are placed in
 reasonable fear of serious physical harm.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law;  provided,  however, that section five of this act
 shall take effect on the same date as the reversion of  paragraph  1  of
 subdivision (a) of section 9.37 of the mental hygiene law as provided in
 section  21 of chapter 723 of the laws of 1989, as amended; and provided
 further, however, that section seven of this act shall  take  effect  on
 the same date as the reversion of section 9.41 of the mental hygiene law
 as  provided  in  section  21  of  chapter  723  of the laws of 1989, as
 amended.