Bill Text: NY S05857 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a crisis intervention team training demonstration program; establishes a crisis intervention team training program advisory committee and crisis intervention team training fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO MENTAL HEALTH [S05857 Detail]

Download: New_York-2023-S05857-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5857

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- 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

          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 team training program.
     4    (a) The commissioner shall establish a crisis intervention team train-
     5  ing demonstration program for the purpose of assisting  law  enforcement
     6  officers  in  responding  to  crisis  situations  involving persons with
     7  mental illness and/or substance abuse problems.
     8    (b) The commissioner shall establish within the office the position of
     9  crisis intervention team training program coordinator who will serve  at
    10  the  pleasure  of  the commissioner and who shall work with the New York
    11  police department and any other law enforcement agency in the state that
    12  requests assistance to coordinate the provision of  crisis  intervention
    13  team  training  to  its  first  responders  as  a  part of a specialized
    14  response team or as part of the training for first responders.
    15    (c) The crisis intervention team training program coordinator shall:
    16    (i) work with communities to develop partnerships,  coordinate  activ-
    17  ities  and  promote  cooperation  and  collaboration between the office,
    18  office of addiction services and  supports,  law  enforcement  agencies,
    19  disability  service providers and people with psychiatric or other disa-
    20  bilities and their families to provide crisis intervention  team  train-
    21  ing;
    22    (ii)  provide  coordination  activities and funding support for crisis
    23  intervention team training;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07396-01-3

        S. 5857                             2

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

        S. 5857                             3

     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  crisis
    29  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-qq to
    34  read as follows:
    35    § 99-qq. 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-h to read as follows:
    50    §  209-h.  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  and any other enforcement agency that chooses to participate:

        S. 5857                             4

     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. This act shall take effect immediately.
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