STATE OF NEW YORK
        ________________________________________________________________________

                                          3301

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 30, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  COMRIE  -- 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, the state finance law and the
          general municipal law, in relation to  establishing  a  crisis  inter-
          vention  team  program;  and  providing  for  the  repeal  of  certain
          provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The  mental  hygiene  law  is amended by adding three new
     2  sections 7.51, 7.53 and 7.55 to read as follows:
     3  § 7.51 Crisis intervention demonstration program.
     4    (a) The commissioner shall  establish  a  crisis  intervention  demon-
     5  stration  program in any city having a population of one million or more
     6  for the purpose of assisting law enforcement officers in  responding  to
     7  crisis situations involving persons with mental illness and/or substance
     8  abuse problems.
     9    (b) The commissioner shall establish within the office the position of
    10  crisis  intervention team training program coordinator who will serve at
    11  the pleasure of the commissioner and who shall work with  the  New  York
    12  police department and any other law enforcement agency in the state that
    13  requests  assistance  to coordinate the provision of crisis intervention
    14  team training to its  first  responders  as  a  part  of  a  specialized
    15  response team or as part of the training for first responders.
    16    (c) The crisis intervention team training program coordinator shall:
    17    (i)  work  with communities to develop partnerships, coordinate activ-
    18  ities and promote cooperation  and  collaboration  between  the  office,
    19  office  of  addiction  services  and supports, law enforcement agencies,
    20  disability service providers and people with psychiatric or other  disa-
    21  bilities  and  their families to provide crisis intervention team train-
    22  ing;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01004-03-3

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     1    (ii) provide coordination activities and funding  support  for  crisis
     2  intervention team training;
     3    (iii)  provide  support, training and community coordination to ensure
     4  that mental health service providers in the community  provide  alterna-
     5  tives to incarceration;
     6    (iv)  through  federal  and  private  grants,  gifts or contributions,
     7  provide funding to support training and community coordination costs  as
     8  necessary. All moneys shall be deposited in the crisis intervention team
     9  training  fund established by section ninety-nine-m of the state finance
    10  law;
    11    (v) in consultation with the crisis  intervention  advisory  committee
    12  established  by this article, distribute crisis intervention team train-
    13  ing fund moneys as needed for support, training  and  community  coordi-
    14  nation costs; and
    15    (vi)  submit  a  report  to  the  governor, temporary president of the
    16  senate, speaker of the assembly and  the  crisis  intervention  advisory
    17  committee on or before November fifteenth of each year that contains the
    18  following:
    19    (A) a review of all law enforcement agencies that have provided crisis
    20  intervention  team training to their officers and the number of officers
    21  that have completed the training;
    22    (B) a list of communities in this  state  that  have  implemented  the
    23  crisis  intervention  team training program through training and coordi-
    24  nation, including the length of implementation and current status of the
    25  program;
    26    (C) recommendations for improvement in the  community  based  partner-
    27  ships that support crisis intervention team responses;
    28    (D)  recommendations for improvement in the law enforcement and public
    29  safety agencies that provide crisis intervention team responses; and
    30    (E) a review of all funding resources  that  the  crisis  intervention
    31  team  training program coordinator has applied for to increase available
    32  funding, including the status of all funding requests and the  total  of
    33  moneys received.
    34  § 7.53 Crisis intervention team training program advisory committee.
    35    (a)  There  is  hereby established a crisis intervention demonstration
    36  program advisory committee.
    37    (b) The committee shall consist of:
    38    (1) the commissioner, who shall serve as chairperson of the  committee
    39  and who is a nonvoting member;
    40    (2)  the crisis intervention team training program coordinator, who is
    41  a nonvoting member;
    42    (3) one member appointed by the commissioner  who  is  a  consumer  of
    43  mental health services;
    44    (4) one member appointed by the commissioner who is an immediate fami-
    45  ly member of a consumer of mental health services;
    46    (5)  one  member appointed by the commissioner who represents a state-
    47  wide advocacy agency that serves persons with  mental  disabilities  and
    48  their families;
    49    (6)  one member appointed by the commissioner who is a psychiatrist or
    50  psychologist licensed in the state;
    51    (7) one member appointed by the commissioner of addiction services and
    52  supports;
    53    (8) one member appointed by the commissioner of addiction services and
    54  supports who represents a statewide behavior advocacy group,  agency  or
    55  association;

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     1    (9)  one member appointed by the commissioner of the office for people
     2  with developmental disabilities who is either a family member or guardi-
     3  an of a person with a developmental disability;
     4    (10) one member appointed by the commissioner of the office for people
     5  with  developmental  disabilities  who  is a person with a developmental
     6  disability;
     7    (11) one member recommended by the New York city peace officer benevo-
     8  lent association who is a certified peace officer;
     9    (12) one member appointed by the commissioner of the division of crim-
    10  inal justice services who is a law enforcement officer; and
    11    (13) one member appointed  by  the  New  York  police  department  who
    12  represents law enforcement.
    13    (c) The committee shall:
    14    (1)  meet at least two times in each full calendar year. The committee
    15  shall meet at the request of its chairperson; and
    16    (2) review the report required by section 7.51  of  this  article  and
    17  based  on  that  report  make  recommendations  to  the office of mental
    18  health, the office  for  people  with  developmental  disabilities,  the
    19  office  of  addiction  services  and  supports, the division of criminal
    20  justice services, the New York  police  department,  the  governor,  the
    21  temporary president of the senate and the speaker of the assembly.
    22    (d)  Committee  members  shall not be compensated but are eligible for
    23  reimbursement of reasonable expenses.
    24  § 7.55 Crisis intervention team training fund grant program.
    25    (a) The commissioner shall  establish  the  crisis  intervention  team
    26  training  fund grant program which shall include, but not be limited to,
    27  providing financial support when necessary and as available for training
    28  and community coordination costs for the implementation of the New  York
    29  crisis intervention team training program to law enforcement agencies as
    30  requested.
    31    (b) Notwithstanding any law to the contrary, the fund shall consist of
    32  up to one million dollars from the state general fund.
    33    §  2. The state finance law is amended by adding a new section 99-m to
    34  read as follows:
    35    § 99-m. Crisis intervention team training fund.   1. There  is  hereby
    36  established in the joint custody of the comptroller and the commissioner
    37  of  the  office of mental health a fund to be known as the crisis inter-
    38  vention team training fund.
    39    2. The crisis intervention team training fund  shall  consist  of  all
    40  moneys  received  from  the  federal  government, private grants, gifts,
    41  contributions and devises.
    42    3. Any contractors that receive moneys pursuant to this section  shall
    43  submit quarterly reports to the commissioner of the department of mental
    44  health  regarding  the  use and effectiveness of the distributed moneys.
    45  The commissioner of the department of  mental  health  shall  include  a
    46  summary  of  the fund analysis in the annual report required pursuant to
    47  section 7.51 of the mental hygiene law.
    48    § 3. The general municipal law is amended  by  adding  a  new  section
    49  209-ii to read as follows:
    50    §  209-ii.  Crisis intervention teams. 1.  The commissioner of the New
    51  York state division of criminal justice services, in  consultation  with
    52  the commissioners of the office of mental health, office for people with
    53  developmental   disabilities   and  office  of  addiction  services  and
    54  supports, shall, for all local police officers in law enforcement  units
    55  of  a  city  having  a  population  of one million or more and any other
    56  enforcement agency that chooses to participate:

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     1    (a) establish criteria for  the  development  of  crisis  intervention
     2  teams; and
     3    (b)  establish,  and implement on an ongoing basis, a training program
     4  for all current and new employees regarding the policies and  procedures
     5  established  pursuant  to  this  section. The curriculum shall include a
     6  minimum of forty hours of mandatory training in mental health issues.
     7    2. The goals of the crisis intervention team program shall be to:
     8    (a) provide immediate response by specifically trained law enforcement
     9  officers;
    10    (b) reduce the amount of time police officers  spend  out  of  service
    11  awaiting assessment and disposition;
    12    (c) afford persons with mental illness and/or substance abuse problems
    13  a sense of dignity in crisis situations;
    14    (d) reduce the likelihood of physical confrontation;
    15    (e)  identify  underserved  populations  with  mental  illness  and/or
    16  substance abuse problems and refer them to appropriate care;
    17    (f) decrease the use of arrest and detention of  persons  experiencing
    18  mental  health  and/or substance abuse crises by providing better access
    19  to timely treatment;
    20    (g) provide therapeutic locations or protocols for officers  to  bring
    21  individuals  in  crisis  for assessment that is not a law enforcement or
    22  jail facility; and
    23    (h) decrease  injuries  to  law  enforcement  officers  during  crisis
    24  events.
    25    3.  Other  state  agencies shall provide cooperation and assistance to
    26  the program to assist in the effective performance of its duties.
    27    § 4. Section 19.07 of the mental hygiene law is amended  by  adding  a
    28  new subdivision (o) to read as follows:
    29    (o)  The  office  of addiction services and supports shall, in collab-
    30  oration with law enforcement and the office of mental  health  establish
    31  criteria  for  the  development  of crisis intervention teams that shall
    32  include assessment of  the  effectiveness  of  the  plan  for  community
    33  involvement, training and therapeutic response alternatives and a deter-
    34  mination  of  whether law enforcement officers have effective agreements
    35  with mental health care providers and all other community stakeholders.
    36    § 5.  Section 19.03 of the mental hygiene law, as amended  by  chapter
    37  223 of the laws of 1992, is amended to read as follows:
    38  § 19.03 Definitions. As used in this title:
    39    1. "Office"  means  the  office  of  [alcoholism  and  substance abuse
    40  services] addiction services and supports.
    41    2. "Commissioner" means the commissioner of the office of  [alcoholism
    42  and substance abuse services] addiction services and supports.
    43    §  6.  This act shall take effect immediately; provided, however, that
    44  section 7.51 of the mental hygiene law, as added by section one of  this
    45  act,  shall  expire  and be deemed repealed 5 years after this act shall
    46  have become a law.