NY State Senate Bill 2023-S3422

Senate Bill S3422

2023-2024 Legislative Session

Relates to the releasing of 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; repeal

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Current 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 03, 2024	referred to codes
Jan 31, 2023	referred to codes

co-Sponsors

2023-S3422 (ACTIVE) - Details

See Assembly Version of this Bill:: A1699
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Rpld §500.10 sub 3-c, amd §500.10, CP L
Versions Introduced in 2021-2022 Legislative Session:: S9429, A10239

2023-S3422 (ACTIVE) - Summary

Relates 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.

2023-S3422 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3422

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
PURPOSE:

To repeal provisions under criminal procedure law relating to condi-
tional releases and voluntary and involuntary mental health assessments
and replace such sections with similar procedures that ensure individ-
uals before the court are afforded with all the necessary and appropri-
ate civil protections when involved in such assessments.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals subdivision 3-c of section 500.10 of the criminal
procedure law.

Section 2 amends paragraph (f) of subdivision 3-a of the criminal proce-
dure law as added by section 1 of part UU of chapter 56 of the laws 2020
which ensures the court employs available resources for mental health
screening including but not limited to a mobile crisis response provid-
er; directs individuals to appropriate facilities for voluntary or
involuntary assessments or admission, including the utilization of
appropriate transportation options; ensure adequate discharge and after-
care planning is in place; and direct the court, when appropriate to
utilize treatment courts as an option for conditional release.

Section 3 sets the effective date.

 
JUSTIFICATION:

In New York and across the country, the number of individuals suffering
from a mental illness has continued to increase.  Unfortunately, there
are not enough services and available treatment options to ensure indi-
viduals are able to access treatment in their time of need. The increase
of individuals with a mental illness combined with a lack of available
and adequate resources has unfortunately had implications in the crimi-
nal court system, where individuals who have gone undiagnosed or
untreated for a mental health condition are before the court for a crim-
inal matter

Ideally, these individuals should be diverted away from jails and pris-
ons and toward community-based mental health services and supports.
Mental health services must be a key component of our state's strategy
to reduce this population's interaction with-the legal system.

Therefore, when an individual is before a criminal court, it is imper-
ative that our legal institutions should have access to mental health
crisis services, the ability to arrange for a mental health screening,
access information related to mental health services and supports, and
develop relationships with local mental health service providers. By
ensuring these relationships are formed, the criminal court will be
better equipped to ensure these individuals are directed toward treat-
ment, have a voice in his or her own treatment plan with the overarching
goal of being a positive and functioning individual within their commu-
nity, and are able to avoid future criminal justice involvement.

This bill seeks to address these concerns by authorizing the court to
utilize available resourcing, including mobile crisis teams. This bill
also seeks to intervene and provide treatment to someone in need, prior
to them being arrested By allowing a warrant to be issued, when a veri-
fied complaint, informs the court of an individual who is apparently
mentally ill and appears likely to engage in conduct resulting in seri-
ous harm to themselves or others.

Once a person is before the court because of the scenario described
above, or a criminal proceeding, if evidence is presented that the
person may have a mental illness which is likely to result in serious
harm to themselves or others, the court may issue an order or direct the
person, or the individual may voluntarily go to an approved hospital,
stabilization center, et al. where they may receive a diagnosis and
treatment.

 
PRIOR LEGISLATIVE HISTORY:

S9249A of 2021-22: Referred to Codes.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2023-S3422 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3422
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  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
 SECTION 9.43 OF THE MENTAL HYGIENE LAW, THE COURT IS NOT REQUIRED TO AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03200-01-3

 S. 3422                             2
 
 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
 S. 3422                             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.

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Senate Bill S3422

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Sponsored By

Zellnor Myrie