S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5233
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced by Sens. THOMAS, FELDER, GOUNARDES, HARCKHAM, SKOUFIS -- 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-
 ATION AND IF, AFTER SUCH EVALUATION, IT IS DETERMINED THAT THE PRINCIPAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02849-02-3
              

 S. 5233                             2
 
 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-QQ  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.  Subparagraphs (viii), (x) and (xi) of paragraph (b) of subdivi-
 sion 1 of section 150.20 of the  criminal  procedure  law,  subparagraph
 (viii)  as  amended and subparagraphs (x) and (xi) as added by section 1
 of subpart B of part UU of chapter 56 of the laws of 2022,  are  amended
 and a new subparagraph (xii) 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 (XII) OF THIS PARAGRAPH TO INFORM
 SUCH INDIVIDUALS OF THE SITUATION;
   (x) the person is eighteen years of age or older and  charged  with  a
 hate crime as defined in section 485.05 of the penal law; [or]
   (xi)  the offense is a qualifying offense pursuant to paragraph (t) of
 subdivision four of section 510.10 of this chapter, or pursuant to para-
 graph (t) of subdivision four of section 530.40 of this chapter[.] ; OR
   (XII) 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
 S. 5233                             3
 
   (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.
   § 4. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. 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.