Bill Text: NY S03422 | 2023-2024 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S03422 Detail]

Download: New_York-2023-S03422-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3422

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sen.  MYRIE  -- 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:

     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     2  law is REPEALED.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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03200-01-3

        S. 3422                             2

     1  shall  not  make  a  determination with respect to whether the crime has
     2  been committed or whether there is sufficient cause to believe the prin-
     3  cipal is guilty thereof.
     4    (2)  If  it appears to the court on the basis of evidence presented to
     5  it that the person has or may have a mental illness which is  likely  to
     6  result  in  serious  harm to himself or herself or others, the court may
     7  either (A) permit the person to present himself or herself to any hospi-
     8  tal specified in subdivision (a) of section 9.39 of the  mental  hygiene
     9  law  or  any  comprehensive  psychiatric  emergency program specified in
    10  subdivision (a) of section 9.40 of  the  mental  hygiene  law,  for  the
    11  person  to make an application for admission to the hospital as a volun-
    12  tary patient pursuant to section 9.13 of the mental hygiene law; or  (B)
    13  issue a civil order directing their removal to any hospital specified in
    14  subdivision (a) of section 9.39 of the mental hygiene law or any compre-
    15  hensive  psychiatric  emergency  program specified in subdivision (a) of
    16  section 9.40 of the mental hygiene law, that is willing to receive  such
    17  person for a determination, by the director of such hospital or program,
    18  whether  such person should be retained therein pursuant to section 9.39
    19  or section 9.40 of the mental hygiene law, as appropriate.
    20    (3) If the court orders removal to a hospital for immediate  psychiat-
    21  ric  assessment,  the principal may be taken by an entity, including but
    22  not limited to, an ambulance service, as defined in subdivision  two  of
    23  section  three thousand one of the public health law, any peace officer,
    24  when acting pursuant to their special duties, or police officer who is a
    25  member of the state police or of  an  authorized  police  department  or
    26  force, or of a sheriff's department, to any hospital specified in subdi-
    27  vision  (a)  of section 9.39 of the mental hygiene law or any comprehen-
    28  sive psychiatric emergency  program  specified  in  subdivision  (a)  of
    29  section 9.40 of the mental hygiene law.
    30    (4)  Discharge  and  aftercare  planning, including supportive housing
    31  referrals, shall be provided consistent  with  federal  and  state  law,
    32  including  but  not  limited  to subdivision (g) of section 29.15 of the
    33  mental hygiene law and to the extent that it has  the  ability  to,  the
    34  hospital  will  take  appropriate  steps  so  that  community  placement
    35  services are provided consistent with federal and state  law.  Discharge
    36  planning  shall begin at admission and continue throughout the course of
    37  the principal's hospitalization until the principal is discharged.
    38    (5) If the principal has met the  discharge  criteria  they  shall  be
    39  discharged  and  offered  a  clinically  appropriate  discharge  plan in
    40  accordance with, but not limited to subdivision (g) of section 29.15  of
    41  the mental hygiene law.
    42    (6)  If  the  principal  is  a  child, then any order for voluntary or
    43  involuntary assessment shall be done  in  accordance  with  section  two
    44  hundred fifty-one of the family court act.
    45    (7)  The  court can, as a condition of release, adjourn to a treatment
    46  court for the possibility of evaluation.
    47    (8) Conditions of release may not be revoked solely based  on  noncom-
    48  pliance  with  treatment  or  clinically  appropriate  discharge plan or
    49  aftercare plan;
    50    § 3. Paragraphs (i) and (j) of subdivision 3-a of  section  500.10  of
    51  the  criminal procedure law, as added by section 1 of part UU of chapter
    52  56 of the laws of 2020, are amended and a new paragraph (k) is added  to
    53  read as follows:
    54    (i)  that  the principal obey conditions set by the court addressed to
    55  the safety of a victim of a family offense as defined in section  530.11

        S. 3422                             3

     1  of this title including conditions that may be requested by or on behalf
     2  of the victim; [and]
     3    (j)  that,  when  it is shown pursuant to paragraph (a) of subdivision
     4  four of section 510.40 of this title that no other  realistic  non-mone-
     5  tary condition or set of non-monetary conditions will suffice to reason-
     6  ably assure the principal's return to court, the principal's location be
     7  monitored  with  an approved electronic monitoring device, in accordance
     8  with such subdivision four of section 510.40 of this title[.]; and
     9    (k) any clinical record or clinical information produced as a part  of
    10  the assessment, service or treatment plans required pursuant to subpara-
    11  graph  (iv) of paragraph (f) of this subdivision, or any clinical record
    12  or clinical information used or produced in a proceeding conducted under
    13  subparagraph (iv) of paragraph (f) of this subdivision, shall be consid-
    14  ered confidential and shall not be considered part of the public record,
    15  and access to such records shall be limited in accordance with  applica-
    16  ble  federal  and state privacy laws. Such information shall not be used
    17  as part of the criminal proceeding and shall be expunged upon resolution
    18  of the case.
    19    § 4. This act shall take effect immediately.
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