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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10239A
SPONSOR: Rules (Simon) 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 OR GENERAL IDEA OF BILL:
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, to ensure the court employs available resources for mental
health screening including but not limited to a mobile crisis response
provider; 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.
However, in many instances the criminal court's response is misguided,
does not take advantage of many of the options afforded under the mental
hygiene law and can do more harm than good. 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:
This is a new bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
10239--A
IN ASSEMBLY
May 12, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simon) --
read once and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
1 Section 1. Subdivision 3-c of section 500.10 of the criminal procedure
2 law is REPEALED.
3 § 2. Paragraph (f) of subdivision 3-a of section 500.10 of the crimi-
4 nal procedure law, as added by section 1 of part UU of chapter 56 of the
5 laws of 2020, is amended to read as follows:
6 (f) that the principal be referred to a pretrial services agency for
7 placement in mandatory programming, including:
8 (i) counseling[,];
9 (ii) treatment[, and];
10 (iii) intimate partner violence intervention programs; and
11 (iv) mental health treatment. The court may expeditiously employ
12 available resources for mental health screening including but not limit-
13 ed to a mobile crisis response provider or similar entity in the court-
14 house. With regard to mental health treatment:
15 (1) Where applicable, the court may direct the principal be removed to
16 a hospital or a crisis stabilization center pursuant to subdivisions (a)
17 and (b) of section 9.43 of the mental hygiene law. For purposes of this
18 subparagraph, where the court proceeds pursuant to subdivision (a) of
19 section 9.43 of the mental hygiene law, the court is not required to and
20 shall not make a determination with respect to whether the crime has
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15528-04-2
A. 10239--A 2
1 been committed or whether there is sufficient cause to believe the prin-
2 cipal is guilty thereof.
3 (2) If it appears to the court on the basis of evidence presented to
4 it that the person has or may have a mental illness which is likely to
5 result in serious harm to himself or herself or others, the court may
6 either (A) permit the person to present himself or herself to any hospi-
7 tal specified in subdivision (a) of section 9.39 of the mental hygiene
8 law or any comprehensive psychiatric emergency program specified in
9 subdivision (a) of section 9.40 of the mental hygiene law, for the
10 person to make an application for admission to the hospital as a volun-
11 tary patient pursuant to section 9.13 of the mental hygiene law; or (B)
12 issue a civil order directing their removal to any hospital specified in
13 subdivision (a) of section 9.39 of the mental hygiene law or any compre-
14 hensive psychiatric emergency program specified in subdivision (a) of
15 section 9.40 of the mental hygiene law, that is willing to receive such
16 person for a determination, by the director of such hospital or program,
17 whether such person should be retained therein pursuant to section 9.39
18 or section 9.40 of the mental hygiene law, as appropriate.
19 (3) If the court orders removal to a hospital for immediate psychiat-
20 ric assessment, the principal may be taken by an entity, including but
21 not limited to, an ambulance service, as defined in subdivision two of
22 section three thousand one of the public health law, any peace officer,
23 when acting pursuant to their special duties, or police officer who is a
24 member of the state police or of an authorized police department or
25 force, or of a sheriff's department, to any hospital specified in subdi-
26 vision (a) of section 9.39 of the mental hygiene law or any comprehen-
27 sive psychiatric emergency program specified in subdivision (a) of
28 section 9.40 of the mental hygiene law.
29 (4) Discharge and aftercare planning, including supportive housing
30 referrals, shall be provided consistent with federal and state law,
31 including but not limited to subdivision (g) of section 29.15 of the
32 mental hygiene law and to the extent that it has the ability to, the
33 hospital will take appropriate steps so that community placement
34 services are provided consistent with federal and state law. Discharge
35 planning shall begin at admission and continue throughout the course of
36 the principal's hospitalization until the principal is discharged.
37 (5) If the principal has met the discharge criteria they shall be
38 discharged and offered a clinically appropriate discharge plan in
39 accordance with, but not limited to subdivision (g) of section 29.15 of
40 the mental hygiene law.
41 (6) If the principal is a child, then any order for voluntary or
42 involuntary assessment shall be done in accordance with section two
43 hundred fifty-one of the family court act.
44 (7) The court can, as a condition of release, adjourn to a treatment
45 court for the possibility of evaluation.
46 (8) Conditions of release may not be revoked solely based on noncom-
47 pliance with treatment or clinically appropriate discharge plan or
48 aftercare plan;
49 § 3. Paragraphs (i) and (j) of subdivision 3-a of section 500.10 of
50 the criminal procedure law, as added by section 1 of part UU of chapter
51 56 of the laws of 2020, are amended and a new paragraph (k) is added to
52 read as follows:
53 (i) that the principal obey conditions set by the court addressed to
54 the safety of a victim of a family offense as defined in section 530.11
55 of this title including conditions that may be requested by or on behalf
56 of the victim; [and]
A. 10239--A 3
1 (j) that, when it is shown pursuant to paragraph (a) of subdivision
2 four of section 510.40 of this title that no other realistic non-mone-
3 tary condition or set of non-monetary conditions will suffice to reason-
4 ably assure the principal's return to court, the principal's location be
5 monitored with an approved electronic monitoring device, in accordance
6 with such subdivision four of section 510.40 of this title[.]; and
7 (k) any clinical record or clinical information produced as a part of
8 the assessment, service or treatment plans required pursuant to subpara-
9 graph (iv) of paragraph (f) of this subdivision, or any clinical record
10 or clinical information used or produced in a proceeding conducted under
11 subparagraph (iv) of paragraph (f) of this subdivision, shall be consid-
12 ered confidential and shall not be considered part of the public record,
13 and access to such records shall be limited in accordance with applica-
14 ble federal and state privacy laws. Such information shall not be used
15 as part of the criminal proceeding and shall be expunged upon resolution
16 of the case.
17 § 4. This act shall take effect immediately.
