BILL NUMBER: S1744

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to cases termi-
nated due to mental disease or defect

 
PURPOSE OR GENERAL IDEA OF BILL:

Ensures that non-felony defendants that are found unfit to proceed to
trial are connected with services and resources for their long-term
stability.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Criminal Procedure Law Section 730.40(2) to create a
new, mandatory assignment of a Critical Time Intervention (CTI) care
management team to all non-felony defendants for appropriate treatment
services after they are found unfit to proceed to trial due to mental
disease or defect, as well as a referral to the agency overseeing Single
Point of Access (SPOA) local to the defendant's last place of residence.
              

This assignment and referral must take place as part of the discharge
planning for each defendant and included in a written plan maintained by
the facility. Each facility must issue quarterly de-identified reports
of all discharge planning, including CTI assignments and SPOA referrals,
to the commissioner of the Office of Mental Health and to the Chief
Administrative Judge of the Courts.

Section 2 establishes the effective date of the Act as 90 days after it
shall have become a law.

 
JUSTIFICATION:

Currently, all misdemeanor cases where the defendant is found unfit to
proceed to trial due to mental disease or defect are dismissed as a
function of law, and after as little as a few days up to several months
of inpatient care, these individuals are released directly into the
community without appropriately intensive, long-term post-release care,
programming, or services. Notably, recently observed trends suggest that
individuals who spend less time in post-dismissal care have a higher
rate of recidivism than individuals with extended stays.

As a result, individuals who have documented mental health concerns that
can impact their own safety and that of the general public fall through
the cracks in our system, and are left with access to few, if any, crit-
ical resources after they are discharged. By mandating the assignment of
a CTI team and a referral to SPOA as part of their discharge plan, we
increase the likelihood that individuals who are significantly affected
by mental health concerns are connected with the resources that they
need for long-term stability.

Every county in New York State has established a SPOA process to connect
referred individuals with the care management and services appropriate
to support them. The treatment and programming one can access through
SPOA includes, but is not limited to; Non-Medicaid Care Coordination
(NMCC), Assertive Community Treatment (ACT), and Intensive Mobile Treat-
ment (IMT). SPOA can also be helpful in assisting individuals with hous-
ing referrals.
The assignment of a CTI team increases the likelihood that individuals
will participate with the services they are connected to through a SPOA
referral. These teams build a trusting relationship with individuals and
work to encourage follow-through with NMCC, ACT, IMT, or any other
treatments. Further, the CTI team continues to engage with the individ-
ual for an extended period of time, while working towards their ability
to function independently.

This legislation does not needlessly keep these vulnerable individuals
in the criminal justice system, but rather ensures that each individ-
ual's mental health needs are carefully considered and addressed at the
time of their discharge and during their return to the community.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.