Bill Text: NY S02398 | 2023-2024 | General Assembly | Introduced
Bill Title: Creates statewide emergency and crisis response council to work in conjunction with the commissioners of mental health and addiction services to jointly approve emergency and crisis services plans submitted by local governments, and provide supports regarding the operation and financing of high-quality emergency and crisis services provided to persons experiencing a mental health, alcohol use, or substance use crisis.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced) 2024-05-15 - REPORTED AND COMMITTED TO FINANCE [S02398 Detail]
Download: New_York-2023-S02398-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2398 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to establishing the statewide emergency and crisis response council to plan and provide support regarding the operation and financing of high-quality emergen- cy and crisis response services for persons experiencing a mental health, alcohol use, or substance use crisis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Daniel's law". 3 § 2. Legislative findings and intent. It is the purpose of this act to 4 promote the public health, safety and welfare of all citizens by broadly 5 ensuring a public health-based response to anyone in New York experienc- 6 ing a mental health, alcohol use or substance use crisis; to offer and 7 ensure the most appropriate response to, and treatment of, individuals 8 experiencing crisis due to mental health conditions, alcohol use or 9 substance use conditions; and to deescalate crisis situations so that as 10 few New Yorkers as possible experience nonconsensual transport, use of 11 force, or criminal consequences as a result of mental health, alcohol 12 use or substance abuse crises. 13 § 3. Section 41.01 of the mental hygiene law, as amended by chapter 37 14 of the laws of 2011, is amended to read as follows: 15 § 41.01 Declaration of purpose. 16 (a) This article is designed to enable and encourage local governments 17 to develop in the community preventive, rehabilitative, crisis response, 18 and treatment services offering continuity of care; to improve and to 19 expand existing community programs for persons with mental illness, and 20 developmental disabilities, and those [suffering from the diseases of21alcoholism] with alcohol use disorder and substance [abuse] use 22 disorder; to plan for the integration of community and state services EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04260-01-3S. 2398 2 1 and facilities for individuals with mental disabilities, alcohol use 2 disorders, and substance use disorders; and to cooperate with other 3 local governments and with the state in the provision of joint services 4 and sharing of [manpower] personnel resources. 5 (b) Effective implementation of this article requires the [direction] 6 establishment and administration, by each local governmental unit, of a 7 local comprehensive planning process for its geographic area in which 8 all providers of services shall participate and cooperate in the 9 provision of all necessary information. [It] This article also initiates 10 a planning effort involving the state, local governments and other 11 providers of service for the purpose of promoting continuity of care 12 through the development of integrated systems of care and treatment for 13 individuals with mental illness, developmental disabilities, and for 14 those [suffering from the diseases of alcoholism] with alcohol use 15 disorder and substance [abuse] use disorder. 16 (c) Such planning effort must also specifically address the develop- 17 ment of an effective crisis response system that includes the use of 18 non-police, community-run crisis first responder teams utilizing peers 19 and independent emergency medical technicians as first responders. To 20 ensure the development of a comprehensive and inclusive plan, the crisis 21 services planning effort must include at least fifty-one percent peers 22 and family peers, and the remaining forty-nine percent must be family 23 members and emergency medical response providers who shall be independ- 24 ent of any local government's emergency services department, and oper- 25 ated by a non-governmental organization via a contract with the local 26 government providers of crisis services, 9-8-8 personnel, and other 27 non-governmental community agencies which may come in contact with a 28 person experiencing a mental health or alcohol use or substance use 29 crisis. 30 § 4. Section 41.03 of the mental hygiene law is amended by adding six 31 new subdivisions 14, 15, 16, 17, 18 and 19 to read as follows: 32 14. "emergency and crisis services plan" means a plan which is part 33 of, and submitted with, the local services plan, but is planned and 34 developed specifically to ensure that all services, policies, training, 35 procedures, expenditures and contracts for services and processes used 36 to assist people experiencing mental health or alcohol use or substance 37 use crises are peer-focused, designed to decrease contact with police 38 and centered on increased access to care of the highest quality. 39 15. "eligible emergency and crisis response services" means services 40 eligible for funding under section 41.18 of this article, including but 41 not limited to, crisis response teams, crisis stabilization services and 42 centers, peer living rooms, peer support centers, mobile crisis teams 43 not utilizing law enforcement as part of the team, crisis collabora- 44 tives, peer crisis services, and crisis system oversight and management, 45 which are included in an emergency and crisis services plan. 46 16. "crisis response team" means one extensively-trained peer acting 47 as a crisis worker and one emergency medical technician independent of 48 any local government's emergency services department, and operated by a 49 non-governmental agency via a contract with the local government. 50 17. "peer" means an individual with lived mental health experience 51 and/or alcohol use or substance use disorder experience, who has experi- 52 ence navigating systems such as the healthcare, mental health, judicial, 53 criminal legal, housing, education, and employment systems. 54 18. "family peer" means an individual with lived experience as the 55 biological, foster, or adoptive parent, or the primary caregiver, of 56 children/youth with social, emotional, behavioral, mental health orS. 2398 3 1 alcohol use or substance use disorders, who have experience navigating 2 systems such as the healthcare, mental health, judicial, criminal legal, 3 housing, education, and employment systems. 4 19. "statewide emergency and crisis response council" means the coun- 5 cil created pursuant to section 5.08 of this chapter. 6 § 5. Section 41.07 of the mental hygiene law is amended by adding a 7 new subdivision (d) to read as follows: 8 (d) In developing the emergency and crisis services plan defined by 9 subdivision fourteen of section 41.03 of this article and mandated by 10 paragraph seventeen of subdivision (a) of section 41.13 of this article, 11 local governments are encouraged to develop joint plans for a regional 12 or sub-regional service area to maximize the use and availability of 13 crisis and emergency services for all persons experiencing a mental 14 health or alcohol use or substance use crisis in that region or sub-re- 15 gion. 16 § 6. Subdivision (a) of section 41.13 of the mental hygiene law is 17 amended by adding a new paragraph 17 to read as follows: 18 17. submit an emergency and crisis services plan, either alone or with 19 other local governments in a region or sub-region, as required by subdi- 20 vision fourteen of section 41.03 of this article to comprehensively plan 21 for emergency and crisis services as is required by this chapter. 22 (i) The emergency and crisis services planning process shall include 23 peers, family peers, family members, emergency medical response provid- 24 ers, 9-8-8 personnel and personnel of other community agencies which may 25 come in contact with a person experiencing a mental health or alco- 26 hol use or substance use crisis. Peers and family peers shall constitute 27 at least fifty-one percent of the planning group. 28 (ii) The emergency and crisis services plan shall be consistent with 29 the commissioner's regulations for crisis services plans, developed 30 pursuant to subdivision (f) of section 5.05 of this chapter after 31 consultation with the statewide emergency and crisis response council. 32 § 7. Subdivision (b) of section 41.18 of the mental hygiene law is 33 amended by adding a new paragraph (vi) to read as follows: 34 (vi) Notwithstanding any other provision of this subdivision, local 35 governments, individually or jointly, shall be granted state aid of one 36 hundred percent of the net operating costs expended by such local 37 governments, and by voluntary agencies which have contracted with such 38 local governments, for eligible emergency and crisis services as defined 39 by subdivision fifteen of section 41.03 of this article that are 40 included in an approved emergency and crisis services plan. Funding 41 provided pursuant to this paragraph shall be authorized only for 42 services that have a non-police, non-law enforcement, or non-criminal 43 legal component and include peers. 44 § 8. Section 5.05 of the mental hygiene law is amended by adding four 45 new subdivisions (f), (g), (h) and (i) to read as follows: 46 (f) The commissioner of mental health and the commissioner of 47 addiction services and supports shall be jointly responsible for devel- 48 oping and revising as necessary, in regulation, specific standards and 49 procedures for the operation and financing of crisis and emergency 50 services, after consultation with the statewide emergency and crisis 51 response council. Such standards and procedures shall require that the 52 emergency and crisis services plans include a comprehensive approach to 53 oversee and measure the approved plan's effectiveness in delivering 54 high-quality, peer-focused crisis services, including response time 55 standards, and periodic reporting requirements. The commissioners shall 56 require specific metrics that approved plans shall utilize to evaluateS. 2398 4 1 system progress, effectiveness, and appropriate response times to 2 crises, which shall be the same as or less than current response times 3 for other health crises. 4 (g) The commissioner of mental health and the commissioner of 5 addiction services and supports shall be jointly responsible to ensure 6 that: 7 (1) a non-police, community-run public health-based response that 8 utilizes trained peer and independent emergency medical technician 9 crisis response teams for anyone experiencing a mental health, 10 alcohol use or substance use crisis is established. Any crisis response 11 team may request that a peace officer as defined by section 2.10 of 12 the criminal procedure law, or police officer as defined by section 1.20 13 of the criminal procedure law, transport a person in distress due to 14 mental health conditions or alcohol use or substance use, when such 15 team has exhausted alternative methods for obtaining consent from such 16 person, such person refuses treatment or transport from the crisis 17 response team; and: 18 (i) such person poses a substantial risk of physical harm to other 19 persons as manifested by homicidal or other violent behavior by 20 which others are placed in reasonable fear of imminent serious physical 21 harm; or 22 (ii) such crisis response team makes an assessment, in light 23 of the totality of the circumstances, that the crisis response team is 24 at risk of imminent physical violence due to the person's actions; 25 (2) the crisis response teams operate twenty-four hours a day, three 26 hundred sixty-five days a year; 27 (3) the crisis response teams receive culturally competent, trauma-in- 28 formed, experientially-based, and peer-led training; 29 (4) the average response time for the crisis response teams is the 30 same as or less than the current response time for other health crises; 31 (5) the crisis response teams de-escalate any situation involving 32 individuals experiencing crisis due to mental health conditions, 33 alcohol use, or substance use and avoid the use of nonconsensual treat- 34 ment, transport, or force wherever possible; 35 (6) the most appropriate treatment is provided to individuals experi- 36 encing a mental health, alcohol use or substance use crisis; 37 (7) voluntary assessment and referral of individuals experiencing a 38 mental health, alcohol use or substance use crisis are maximized; 39 (8) arrest, detention, and contact with the criminal legal system of 40 individuals experiencing a mental health, alcohol use or substance use 41 crisis are minimized; 42 (9) the number of individuals who experience physical harm and/or 43 trauma as a result of a mental health, alcohol use or substance use 44 crisis are minimized; 45 (10) 9-8-8 personnel respond to individuals experiencing a mental 46 health, alcohol use or substance use crisis and are optimally utilized 47 and integrated in the emergency and crisis services plan; 48 (11) a detailed plan to manage, oversee, monitor and regularly report 49 on the operation of the proposed crisis response system which meets the 50 requirements for these activities as required by subdivision (i) of this 51 section is established; 52 (12) whenever an emergency hotline in New York state, such as 911 or 53 311, receives a call regarding an individual experiencing a mental 54 health, alcohol use or substance use crisis, such hotline will refer 55 such call to the crisis response team for the relevant geographic area; 56 andS. 2398 5 1 (13) the crisis response teams effectively respond to all individuals 2 experiencing a mental health, alcohol use or substance use crisis with 3 culturally competent, trauma-informed care and without regard to source 4 of funding. 5 (h) (1) Within twelve months after the effective date of this subdivi- 6 sion, the commissioner of mental health and the commissioner of 7 addiction services and supports shall select an independent organization 8 to conduct an evaluation of the statewide impact of the emergency and 9 crisis response services mandated by this section on: 10 (i) the number of calls to, and responses sent by, dispatch services 11 including 311, 911, and 988 in response to people experiencing mental 12 health, alcohol use, or substance use crises; 13 (ii) the types of crises responded to; 14 (iii) the disposition and brief description of the result of each such 15 call, anonymized to protect individuals' privacy; 16 (iv) demographic information including the race, ethnicity, gender, 17 disability, and age of any individual who is the subject of any dispatch 18 call or interaction by a local crisis response team; 19 (v) the details and destination of transport of any person experienc- 20 ing a mental health, alcohol use or substance use crisis; 21 (vi) the services provided to such individuals; 22 (vii) the impact of emergency and crisis response services mandated by 23 this section on emergency room visits, use of ambulatory services, 24 hospitals as defined in article twenty-eight of the public health law 25 and/or mental health facilities as defined in section 1.03 of the mental 26 hygiene law; and 27 (viii) the involvement of law enforcement in mental health, alcohol 28 use or substance use crises, including any use of force or restraint 29 tactics or devices. 30 (2) The commissioner of mental health and the commissioner of 31 addiction services and supports shall direct the organization selected 32 under paragraph one of this subdivision to issue its evaluation within 33 six months of the first operating date of any approved regional emergen- 34 cy and crisis services plan, and shall include data from any regional 35 plan then approved and operating in the state. Such evaluation shall be 36 made publicly available and posted on the department's website upon 37 receipt by such commissioners. In addition to the reporting require- 38 ments established pursuant to paragraph one of this subdivision, the 39 commissioner of mental health and the commissioner of addiction services 40 and supports shall collect all data listed under paragraph one of this 41 subdivision, and shall report such data in a form and manner that is 42 accessible to the public via the department's website. The first data 43 report required by this paragraph, after the effective date of this 44 subdivision, shall be made public within ninety days of the approval of 45 any regional emergency and crisis response plan, and shall be made 46 public in an ongoing manner every ninety days thereafter and include 47 data from every active regional emergency and crisis response plan 48 approved by the commissioners of mental health and the commissioner of 49 addiction services and supports. 50 (3) No later than twelve months after the approval by the commissioner 51 of mental health and the commissioner of addiction services and supports 52 of any regional emergency and crisis response plan, the commissioner of 53 mental health and the commissioner of addiction services and supports 54 shall prepare a comprehensive report to the governor and the legislature 55 specifying:S. 2398 6 1 (i) the results of the evaluation carried out under paragraph one of 2 this subdivision; 3 (ii) the number of individuals who received qualifying community-based 4 crisis response services; 5 (iii) demographic information regarding such individuals when avail- 6 able, including the race, ethnicity, age, disability, sex, sexual orien- 7 tation, gender identity, and geographic location of such individuals; 8 (iv) the processes and models developed by local governments in their 9 emergency and crisis services plans to provide community-based crisis 10 response services, including the processes developed to provide refer- 11 rals for, or coordination with, follow-up care and services; 12 (v) the diversion of individuals from jails, incarceration, or similar 13 settings; 14 (vi) the diversion of individuals from psychiatric hospitals, commit- 15 ments under chapter four hundred eight of the laws of nineteen hundred 16 ninety-nine, constituting Kendra's law, and other involuntary services; 17 (vii) the experiences of individuals who receive community-based 18 crisis response services; 19 (viii) the successful connection of individuals with follow-up 20 services; 21 (ix) the utilization of services by underserved and historically 22 excluded communities, including black, indigenous and people of color 23 (BIPOC) populations; 24 (x) the cost or cost savings attributable to such emergency and crisis 25 response services; 26 (xi) other relevant outcomes identified by the commissioner of mental 27 health and the commissioner of addiction services and supports and the 28 statewide advisory emergency and crisis response council; 29 (xii) how all on-going aspects of assessment compare with the histor- 30 ical measures of such assessments; and 31 (xiii) recommendations for improvements to the emergency and crisis 32 services systems throughout the state. 33 (4) All reports and evaluations conducted by the commissioner of 34 mental health and the commissioner of addiction services and supports 35 shall be made publicly available, including on the website of the 36 department. 37 (i) The commissioners of mental health and addiction services and 38 supports and the council created pursuant to section 5.08 of this arti- 39 cle, shall be jointly responsible for approval of the emergency and 40 crisis services plan component of a local services plan submitted by one 41 or more local governmental units. Each plan shall have an attestation 42 that such plan was developed as prescribed in paragraph seventeen of 43 subdivision (a) of section 41.13 of this chapter to be considered for 44 approval. Such approval shall serve as the basis for funding eligible 45 emergency and crisis services pursuant to paragraph (vi) of subdivision 46 (b) of section 41.18 of this chapter. 47 § 9. The mental hygiene law is amended by adding a new section 5.08 to 48 read as follows: 49 § 5.08 Statewide emergency and crisis response council. 50 (a) There is hereby created in the department the statewide emergency 51 and crisis response council to work in conjunction with the commissioner 52 of mental health and the commissioner of addiction services and supports 53 to jointly approve emergency and crisis services plans submitted by one 54 or more local government units, and provide supports on matters regard- 55 ing the operation and financing of high-quality emergency and crisisS. 2398 7 1 services provided to persons experiencing a mental health, alcohol use 2 or substance use crisis. 3 (b) Four members of the state council shall be appointed by the gover- 4 nor. Sixteen members of the council shall be appointed by the state 5 legislature, as follows: (1) four members shall be appointed by the 6 speaker of the assembly; (2) four members shall be appointed by the 7 temporary president of the senate; (3) one member shall be appointed by 8 the minority leader of the assembly; (4) one member shall be 9 appointed by the minority leader of the senate; (5) two members shall be 10 appointed by the chairperson of the assembly committee on mental health; 11 (6) two members shall be appointed by the chairperson of the senate 12 committee on mental health; (7) one member shall be appointed by the 13 ranking minority member of the assembly committee on mental health; 14 and (8) one member shall be appointed by the ranking minority member of 15 the senate committee on mental health. The membership shall consist of 16 at least fifty-one percent peers and family peers. The entire statewide 17 emergency and crisis response council shall reflect the state's diversi- 18 ty of race, age, language, national origin, ethnicity, geography, and 19 disability. At least one-third of the council shall have demonstrated 20 certification, training, or employment in culturally competent responses 21 to mental health, alcohol use or substance use crises. Every person 22 appointed to the council shall have demonstrated knowledge of, and 23 skills in, culturally competent provision of trauma-informed mental 24 health, alcohol use, and substance use crisis response services. Each 25 member of the council shall be a family peer; licensed mental health or 26 addiction clinician; a licensed mental health or addiction counselor; a 27 licensed physician, nurse, or mental health or addiction provider; a 28 mental health or addiction counselor; a representative of a not-for-pro- 29 fit disability justice organization; an emergency medical technician; or 30 a crisis health care worker. 31 (c) The members of the council, upon securing a quorum, shall elect a 32 chairperson from among the members of the council by a majority vote of 33 those council members present. 34 (d) The term of office of members of the council shall be four years, 35 except that of those members first appointed, at least one-half but not 36 more than two-thirds shall be for terms not to exceed two years. Vacan- 37 cies shall be filled by appointment for the remainder of an unexpired 38 term. The council members shall continue in office until the expiration 39 of their terms and until their successors are appointed. No council 40 member shall be appointed to the council for more than four consecutive 41 terms. 42 (e) The council shall advise, oversee, assist and make recommendations 43 to the commissioners on specific policies and procedures regarding the 44 operation and financing of emergency and crisis services which: 45 (1) ensure a non-police, trauma-informed, and public health-based 46 response to anyone in the state experiencing a mental health, alcohol 47 use, or substance use crisis; 48 (2) are designed to de-escalate any situation involving individuals 49 experiencing a mental health, alcohol use, or substance use crisis, and 50 which eliminate the use of non-consensual treatment, non-consensual 51 transport, and force; 52 (3) ensure the most appropriate treatment of individuals experiencing 53 a mental health, alcohol use or substance use crisis; 54 (4) maximize the use of voluntary assessment and voluntary referral of 55 individuals experiencing a mental health, alcohol use or substance use 56 crisis;S. 2398 8 1 (5) minimize arrest and detention by law enforcement and minimize 2 contact with the criminal legal system for individuals experiencing a 3 mental health, alcohol use, or substance use crisis; 4 (6) minimize physical harm and trauma for individuals who experience a 5 mental health, alcohol use, or substance use crisis; and 6 (7) effectively respond to all individuals experiencing a mental 7 health, alcohol use, or substance use crisis with culturally competent 8 care and without regard to source of funding. 9 (f) The council shall also review emergency and crisis services 10 programs and systems operating within the state or nationally, which 11 could be deployed in this state as model crisis and emergency services 12 systems. 13 (g) The council shall meet as frequently as its business may require, 14 but no less frequently than four times per year during the first four 15 years of the council's creation, and two times per year subsequently 16 after the first four years. At least one of such meetings per year 17 shall be held in a manner and at a time designed to maximize partic- 18 ipation of working members of the public. Meetings of the council shall 19 be governed by the provisions of article seven of the public officers 20 law, and shall be open to and accessible by the public including by 21 video conference or computer to the greatest extent possible. 22 (h) The presence of twelve voting members of the council, consist- 23 ing of at least fifty-one percent of peers and family peers, shall 24 constitute a quorum. 25 (i) The members of the council shall receive no compensation for their 26 services as members, but each shall be allowed the necessary and 27 actual expenses incurred in the performance of their duties under this 28 section, including a reasonable reimbursement rate for travel, lodg- 29 ing, and meals while attending meetings of the council. 30 § 10. Subdivision (a) of section 9.41 of the mental hygiene law, as 31 amended by section 4 of part AA of chapter 57 of the laws of 2021, is 32 amended to read as follows: 33 (a) Any peace officer, when acting pursuant to [his or her] such peace 34 officer's special duties, or police officer who is a member of the state 35 police or of an authorized police department or force or of a sheriff's 36 department may take into custody any person who appears to be [mentally37ill and] experiencing a mental health, alcohol use or substance use 38 crisis in the following circumstances: 39 1. Such person is conducting [himself or herself] themself in a manner 40 which is likely to result in [serious] an imminent risk of serious phys- 41 ical harm to [the person or] other persons as manifested by homicidal or 42 other violent behavior by which others are placed in reasonable fear of 43 serious physical harm. Such officer may direct the removal of such 44 person or remove [him or her] such person to any hospital specified in 45 subdivision (a) of section 9.39 of this article, or any comprehensive 46 psychiatric emergency program specified in subdivision (a) of section 47 9.40 of this article, or pending [his or her] such person's examination 48 or admission to any such hospital or comprehensive psychiatric emergency 49 program, [program,] temporarily detain any such person in another safe 50 and comfortable place, in which event, such officer shall immediately 51 notify: 52 (i) the appropriate local crisis response team established pursuant to 53 paragraph sixteen of subdivision (a) of section 41.03 of this chapter, 54 if any, and the director of community services or, if there be none, the 55 health officer of the city or county of such action[.];S. 2398 9 1 (ii) the state police, or the department or force of which the officer 2 is a member and has been requested or directed to respond by a crisis 3 response team under subdivision sixteen of section 41.03 of this chap- 4 ter; 5 (iii) a crisis response team which is present on the scene with the 6 officer and is incapacitated or otherwise unable to communicate a 7 request that the officer take custody of the individual; or 8 2. Such person is conducting themselves in a manner which is likely to 9 result in imminent serious physical harm to themselves as manifested by 10 threats of or attempts at suicide or serious bodily harm, and either: 11 (i) no crisis response team has been established in the region where 12 the person is; or 13 (ii) the crisis response team has not arrived to the place where the 14 person is located, and taking the person is necessary to prevent such 15 person from experiencing serious physical injury or death. 16 3. If a peace officer, when acting pursuant to such peace officer's 17 special duties, or a police officer who is a member of the state police 18 or of an authorized police department or force or of a sheriff's depart- 19 ment comes upon an individual experiencing a mental health, alcohol or 20 substance use crisis and the circumstances under this section have not 21 been met, the proper crisis response team shall be notified. 22 § 11. Section 9.41 of the mental hygiene law, as amended by chapter 23 843 of the laws of 1980, is amended to read as follows: 24 § 9.41 Emergency admissions for immediate observation, care, and treat- 25 ment; powers of certain peace officers and police officers. 26 (a) Any peace officer, when acting pursuant to [his] such peace offi- 27 cer's special duties, or a police officer who is a member of the state 28 police or of an authorized police department or force or of a sheriff's 29 department may take into custody any person who appears to be [mentally30ill and] experiencing a mental health, alcohol or substance use crisis 31 in the following circumstances: 32 1. Such person is conducting [himself] themselves in a manner which is 33 likely to result in [serious harm to himself or others. "Likelihood to34result in serious harm" shall mean (1) substantial risk of physical harm35to himself as manifested by threats of or attempts at suicide or serious36bodily harm or other conduct demonstrating that he is dangerous to37himself, or (2) a substantial] an imminent risk of serious physical harm 38 to other persons as manifested by homicidal or other violent behavior by 39 which others are placed in reasonable fear of serious physical harm. 40 Such officer may direct the removal of such person or remove [him] such 41 person to any hospital specified in subdivision (a) of section 9.39 of 42 this article or, comprehensive psychiatric emergency program specified 43 in subdivision (a) of section 9.40 of this article, or pending [his] 44 their examination or admission to any such hospital or comprehensive 45 psychiatric emergency program, temporarily detain any such person in 46 another safe and comfortable place, in which event, such officer shall 47 immediately notify: 48 (i) the appropriate local crisis response team established pursuant to 49 paragraph sixteen of subdivision (a) of section 41.03 of this chapter, 50 if any, and the director of community services or, if there be none, the 51 health officer of the city or county of such action[.]; 52 (ii) the state police, department, or force of which the officer is a 53 member has been requested or directed to respond by a crisis response 54 team as set forth in subdivision sixteen of section 41.03 of this chap- 55 ter;S. 2398 10 1 (iii) a crisis response team which is present on the scene with the 2 officer is incapacitated or otherwise unable to communicate a request 3 that the officer take custody of the individual; or 4 2. Such person is conducting themselves in a manner which is likely to 5 result in imminent serious physical harm to themselves as manifested by 6 threats of or attempts at suicide or serious bodily harm, and either: 7 (i) no crisis response team has been established in the region where 8 the person is; or 9 (ii) the crisis response team did not arrive to the place where the 10 person is located, and taking the person is necessary to prevent such 11 person from experiencing serious physical injury or death. 12 (b) Such officer may direct the removal of such person or remove such 13 person to any hospital specified in subdivision (a) of section 9.39 of 14 this article or, pending their examination or admission to any such 15 hospital, temporarily detain any such person in another safe and 16 comfortable place, in which event, such officer shall immediately notify 17 appropriate emergency and crisis response services and the director of 18 community services or, if there be none, the health officer of the city 19 or county of such action. 20 3. If a peace officer, when acting pursuant to such peace officer's 21 special duties, or a police officer who is a member of the state police 22 or of an authorized police department or force or of a sheriff's depart- 23 ment comes upon an individual experiencing a mental health, alcohol or 24 substance use crisis and the circumstances under this section have not 25 been met, the proper crisis response team shall be notified. 26 § 12. This act shall take effect on the sixtieth day after it shall 27 have become a law; provided, however, that the amendments to subdivision 28 (a) of section 9.41 of the mental hygiene law made by section ten of 29 this act shall be subject to the expiration and reversion of such 30 section pursuant to section 21 of chapter 723 of the laws of 1989, as 31 amended, when upon such date the provisions of section eleven of this 32 act shall take effect. Effective immediately, the addition, amendment 33 and/or repeal of any rule or regulation necessary for the implementation 34 of this act on its effective date are authorized to be made and 35 completed on or before such effective date.
