NY State Senate Bill 2025-S3928

Senate Bill S3928

2025-2026 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; repealer

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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 30, 2025	referred to codes

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2025-S3928 (ACTIVE) - Details

See Assembly Version of this Bill:: A1327
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 Other Legislative Sessions:: 2021-2022: S9429, A10239
2023-2024: S3422, A1699

2025-S3928 (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.

2025-S3928 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3928

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 all the necessary and appropriate
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 section 500.10 of
the Criminal Procedure Law as added by section 1 of part W of chapter 56
of the laws 2023 which ensures the court employs available resources for
mental health screening induding but not limited to a mobile crisis
response provider; directs individuals to appropriate facilities for
voluntary or involuntary assessments or admission, including the utili-
zation of appropriate transportation options; ensure adequate discharge
and aftercare planning is in place; and direct the court, when appropri-
ate to utilize treatment courts as an option for conditional release.

Section 3 Amends paragraphs (i) and (I) of subdivision 3-a of section
500.10 of the Criminal Procedure of Law by section 1 of part UU of chap-
ter 56 of the laws of 2020 and adds paragraph (k) that adds protections
to victims by ensuring monetary requirements for bail for offenders,
restrictions set by the court, and protects the confidentiality of all
medical records of the parties affected.

Section 4 sets the effective date.

 
JUSTIFICATION:

In New York and across the country, the number of individuals suffering
from mental illness has continued to increase.  Unfortunately, there are
insufficient services and available treatment options to ensure individ-
uals can access treatment in their time of need. The increase of indi-
viduals with a mental illness combined with a lack of available and
adequate resources has unfortunately had implications in the criminal
court system, where individuals who have gone undiagnosed or untreated
for a mental health condition are before the court for a criminal matter

Ideally, these individuals should be diverted away from jails and pris-
ons and toward community-based mental health services and support.

Mental health services must be a key component of our states strategy to
reduce this population's interaction with the legal system.

Therefore, when an individual is before a criminal court, our legal
institutions must 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 relation-
ships 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 treatment, have a voice in
his or her treatment plan with the overarching goal of being positive
and functioning individuals within their community, and avoid future
criminal justice involvement.

This bill addresses 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, before them
being arrested By allowing a warrant to be issued, when a verified
complaint, informs the court of an individual who is mentally ill and
appears likely to engage in conduct resulting in serious harm to them-
selves or others.

Once a person is before the court because of the scenario described
above, or a criminal proceeding, if the evidence is presented that the
person may have a mental illness that 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:

S3422 of 2023-24: Referred to Codes.

S9249A of 2021-22: Referred to Codes.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S3928 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3928
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced by Sens. MYRIE, COMRIE -- 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 amended by section 1 of subpart A of part VV of
 chapter 56 of the laws of 2023, 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, including but not limited to [mental health and] chem-
 ical dependence 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 refer the principal to a crisis
 stabilization center or direct that the principal be removed to a hospi-
 tal pursuant to SUBDIVISIONS (A) AND (B) OF section 9.43 of  the  mental
 hygiene  law[;].    FOR  PURPOSES  OF THIS SUBPARAGRAPH, WHERE THE COURT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02681-01-5

 S. 3928                             2
 
 PROCEEDS PURSUANT TO SUBDIVISION (A)  OF  SECTION  9.43  OF  THE  MENTAL
 HYGIENE  LAW, THE COURT IS NOT REQUIRED TO AND SHALL NOT MAKE A DETERMI-
 NATION WITH RESPECT TO WHETHER THE CRIME HAS BEEN COMMITTED  OR  WHETHER
 THERE IS SUFFICIENT CAUSE TO BELIEVE THE PRINCIPAL 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 SUCH PERSON OR OTHERS, THE COURT MAY EITHER
 (A) PERMIT THE PERSON TO PRESENT THEMSELF 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, FOR THE PERSON TO MAKE AN APPLI-
 CATION FOR ADMISSION TO THE HOSPITAL AS A VOLUNTARY 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 COMPREHENSIVE 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 DETER-
 MINATION, 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, paragraph (i) as added and paragraph (j) as
 amended 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. 3928                             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 S3928

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Zellnor Myrie