Bill Text: NY S05875 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes a state crisis intervention demonstration program and a crisis intervention team training fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO MENTAL HEALTH [S05875 Detail]

Download: New_York-2023-S05875-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          5875

                               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 state crisis
          intervention demonstration program  and  a  crisis  intervention  team
          training fund

          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  two  new
     2  sections 7.51 and 7.53 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 the state of New York for the purpose  of  assisting
     6  law  enforcement  officers  in responding to crisis situations involving
     7  persons with mental illness and/or substance use disorder.
     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 municipal
    11  police departments and any other law enforcement  agency  in  the  state
    12  that  requests  assistance  to coordinate the provision of crisis inter-
    13  vention team training to its first responders as a part of a specialized
    14  response team or as part of training for first responders.
    15    (c) The crisis intervention team training program coordinator shall:
    16    (1) work with communities to develop partnerships,  coordinate  activ-
    17  ities  and promote cooperation and collaboration between the office, the
    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    (2)  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.
                                                                   LBD07408-01-3

        S. 5875                             2

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

        S. 5875                             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 appointed by the commissioner of the division of crim-
     8  inal justice services upon the  recommendation  of  a  state  benevolent
     9  association  representing  peace officers who is a certified peace offi-
    10  cer;
    11    (12) one member appointed by the commissioner of the division of crim-
    12  inal justice services who is a law enforcement officer; and
    13    (13) one member of a police department appointed by each  county  that
    14  has  a  crisis  intervention  team  established  pursuant to section two
    15  hundred eight-i of the general municipal law.
    16    (c) The committee shall:
    17    (1) meet at least two times in each full calendar year. The  committee
    18  shall meet at the request of its chairperson; and
    19    (2)  review  the  report  required by section 7.51 of this article and
    20  based on that report  make  recommendations  to  the  office  of  mental
    21  health,  the  office  for  people  with  developmental disabilities, the
    22  office of addiction services and  supports,  the  division  of  criminal
    23  justice services, municipal police departments, the governor, the tempo-
    24  rary president of the senate and the speaker of the assembly.
    25    (d)  Committee  members  shall not be compensated but are eligible for
    26  reimbursement of reasonable expenses.
    27    § 2. The state finance law is amended by adding a new section 99-qq to
    28  read as follows:
    29    § 99-qq. Crisis intervention team training fund. 1.  There  is  hereby
    30  established in the joint custody of the comptroller and the commissioner
    31  of  the  office of mental health a fund to be known as the crisis inter-
    32  vention team training fund.
    33    2. The crisis intervention team training fund  shall  consist  of  all
    34  moneys received from the federal government and private grants.
    35    3.  Any contractors that receive moneys pursuant to this section shall
    36  submit quarterly reports to the commissioner of  the  office  of  mental
    37  health  regarding  the  use and effectiveness of the distributed moneys.
    38  The commissioner of the office of mental health shall include a  summary
    39  of  the  fund analysis in the annual report required pursuant to section
    40  7.51 of the mental hygiene law.
    41    § 3. The general municipal law is amended  by  adding  a  new  section
    42  208-i to read as follows:
    43    §  208-i.  Crisis intervention teams. 1. The commissioner of the divi-
    44  sion of criminal justice services, in consultation with the  commission-
    45  ers of the office of mental health, office for people with developmental
    46  disabilities  and  the office of addiction services and supports, shall,
    47  for all local police departments and any other enforcement  agency  that
    48  chooses to participate:
    49    (a)  establish  criteria  for  the  development of crisis intervention
    50  teams; and
    51    (b) establish, and implement on an ongoing basis, a  training  program
    52  for  all current and new employees regarding the policies and procedures
    53  established pursuant to this section. The  curriculum  shall  include  a
    54  minimum of forty hours of mandatory training in mental health issues.
    55    2. The goals of the crisis intervention team program shall be to:

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     1    (a) provide immediate response by specifically trained law enforcement
     2  officers;
     3    (b)  reduce  the  amount  of time police officers spend out of service
     4  awaiting assessment and disposition;
     5    (c) afford persons with mental illness and/or substance use disorder a
     6  sense of dignity in crisis situations;
     7    (d) reduce the likelihood of physical confrontation;
     8    (e)  identify  underserved  populations  with  mental  illness  and/or
     9  substance use disorder and refer them to appropriate care;
    10    (f)  decrease  the use of arrest and detention of persons experiencing
    11  mental health and/or substance use crises by providing better access  to
    12  timely treatment;
    13    (g)  provide  therapeutic locations or protocols for officers to bring
    14  individuals in crisis for assessment that is not a  law  enforcement  or
    15  jail facility; and
    16    (h)  decrease  injuries  to  law  enforcement  officers  during crisis
    17  events.
    18    3. Other state agencies shall provide cooperation  and  assistance  to
    19  the  division  of  criminal  justice services to assist in the effective
    20  performance of its duties.
    21    § 4. Section 19.07 of the mental hygiene law is amended  by  adding  a
    22  new subdivision (o) to read as follows:
    23    (o)  The  office  of addiction services and supports shall, in collab-
    24  oration with law enforcement and the office of mental health,  establish
    25  criteria  for  the  development  of crisis intervention teams that shall
    26  include assessment of  the  effectiveness  of  the  plan  for  community
    27  involvement, training and therapeutic response alternatives and a deter-
    28  mination  of  whether law enforcement officers have effective agreements
    29  with mental health care providers and all other community stakeholders.
    30    § 5. This act shall take effect immediately.
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