BILL NUMBER: S3670
SPONSOR: BROUK
 
TITLE OF BILL:
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 emergency
and crisis response services for persons experiencing a mental health,
alcohol use, or substance use crisis
 
PURPOSE:
This legislation establishes a statewide emergency and crisis response
council to encourage local governments to develop preventive, rehabili-
tative, crisis response and treatment services.
 
SUMMARY OF PROVISIONS:
Section 1: Short title of the act, shall be known as and may be cited as
"Daniel's law."
Section 2. Legislative findings and intent.
Section 3. Amends section 41.01 of the mental hygiene law to include
crisis response to the declaration of purpose. It also adds alcohol use
disorders and substance abuse disorders for issues treated by community
programs under this section. Adds any such planning effort must also
specifically address the development of an effective crisis response
system that includes the use of non-police, community-run crisis first
responder team utilizing peers and independent emergency medical techni-
cians as first responders. The crisis services planning effort must
include at least fifty-one percent peers and family peers, with the
remaining forty-nine percent being family members, emergency medical
response providers, 9-8-8 personnel, or other non-governmental community
agencies which may come in contact with persons experiencing a mental
health or alcohol use or substance use crisis.
Section 4. Amends section 41.03 of the mental hygiene law by adding six
new subdivisions. Subdivision 14. Defines emergency and crisis services
plan.
Subdivision 15. Defines eligible emergency and crisis response services.
Subdivision 16. Defines crisis response team.
Subdivision 17. Defines peer.
Subdivision 18. Defines family peer.
Subdivision 19. Defines statewide emergency and crisis response council.
Section 5. Amends section 41.07 of the mental hygiene law by adding a
new subdivision (d) that encourages local governments to develop joint
plans for a regional or sub-regional service area to maximize use and
availability of crisis and emergency services for all persons experienc-
ing a mental health or alcohol use or substance use crisis.
Section 6. Amends subdivision (a) of section 41.13 of the mental hygiene
law to add a new paragraph 17. This will force local government units to
submit an emergency and crisis services plan as required by subdivision
fourteen of section 41.03 of this article. The planning process shall
include peers, family peers, emergency medical response providers, 9-8-8
personnel and other personnel of other community agencies that may come
into contact with persons experiencing a mental health or alcohol use or
substance use crisis. Peers and family peers must constitute at least
fifty-one percent of the planning group. All plans shall be consistent
with the commissioner's regulations.
Section 7. Amends subdivision (b) of section 41.18 of the mental hygiene
law by adding a new paragraph (vi) which allows for state aid of one
hundred percent of the net operating costs expended by local governments
for eligible emergency and crisis services as defined in section 41.03
of this article.
Section 8. Amends section 5.05 of the mental hygiene law by adding five
new subdivisions. Subdivision (f). The commissioner of mental health and
the commissioner of addiction services and supports shall be jointly
responsible for developing and revising as necessary, in regulation,
specific standards and procedures for the operation and financing of
crisis and emergency services, after consultation with the statewide
emergency and crisis response council. Subdivision (g). The commission-
er of mental health and the commissioner of addiction services and
supports shall be jointly responsible to ensure that a non-police,
community-run public health-based response that utilizes trained peer
and independent emergency medical technician crisis response teams for
anyone experiencing a mental health, alcohol use or substance use crisis
is established. Further advises the requirements for the crisis response
teams to be established and their operation.
Subdivision (h). Within twelve months after the effective date, the
commissioner of mental health and the commissioner of addiction services
and supports shall select an independent organization to conduct an
evaluation of the statewide impact of the emergency and crisis response
services mandated by this section. Details the needed information for
the evaluation. Details how the data shall be reported and when. No
later than twelve months after approval the commissioners and supports
shall prepare a comprehensive report to the governor and the legisla-
ture. Details of the specifications of the report. All reports and eval-
uations shall be made publicly available.
Subdivision (i). The commissioners, supports, and the council shall be
jointly responsible for approval of the emergency and crisis services
plan component of a local services plan. Subdivision (j). Establishes a
statewide behavioral health crisis technical assistance center within
the office of mental health.
Section 9. Amends the mental hygiene law by adding a new section 5.08
the Statewide emergency and crisis response council. Creation of a coun-
cil which will work in conjunction with the commissioner of mental
health and the commissioner of addiction services and supports to joint-
ly approve emergency and crisis services plans submitted by one or more
local government units. The makeup of the council will consist of four
members appointed by the governor and sixteen members appointed by the
state legislature: (1) four being appointed by the speaker of the assem-
bly, (2) four being appointed by the temporary president of the senate,
(3) one member shall be appointed by the minority leader of the assem-
bly, (4) one member shall be appointed by the minority leader of the
senate, (5) two members shall be appointed by the chairperson of the
assembly committee on mental health, (6) two members shall be appointed
by the chairperson of the senate committee on mental health, (7) one
member shall be appointed by the ranking minority member of the assembly
committee on mental health, (8) one member shall be appointed by the
ranking minority member of the senate committee on mental health. This
section also details the required peer percentage of the council, and
related training and education requirements. Details council meeting
procedures and activities, including quorum and meeting frequency, and
reimbursement.
Section 10. Amends subdivision (a) of section 9.41 of the mental hygiene
law for when a peace officer acting pursuant to their special duties may
take a person who appears to be experiencing a mental health, alcohol or
substance use crisis into custody.
Section 11. Amends section 9.41 of the mental hygiene law for when a
peace officer acting pursuant to their special duties may take a person
who appears to be experiencing a mental health, alcohol or substance use
crisis into custody.
Section 12. This section is the effective date. This act shall take
effect on the sixtieth day after it shall have become a law, provided
that the amendments to subdivision (a) of section 9.41 of the mental
hygiene law made by section ten of this act shall be subject to the
expiration and reversion of such section pursuant to section 21 of chap-
ter 723 of the laws of 1989, as amended, when upon such date the
provisions of section eleven of this act shall take effect. The addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed on or before such effective date.
 
JUSTIFICATION:
On March 23, 2020, Mr. Daniel Prude, a 41-year-old African-American man
was fatally injured after being physically restrained by police officers
in Rochester, NY. Mr. Prude had been suffering from a mental health
episode after ingesting PCP and was walking naked in the city's streets.
The officers put a spit hood over his head after he began spitting while
he sat naked on the ground during winter weather. During the inter-
action, officers held him face down on the pavement for two minutes and
fifteen seconds, and he stopped breathing. Mr. Prude received CPR on
the scene and later died of complications from asphyxia after being
taken off life support. Mr. Prude's death first received attention in
September 2020, when the police body camera video and written reports
were released to the public, along with the autopsy report.
Following the report's release, protesters demonstrated outside the
Rochester police department's headquarters and many considered the death
to be related to Mr. Prude's race. These demonstrations were connected
to the broader Black Lives Matter movement and the string of racial
unrest events of 2020 following the death of Mr. George Floyd in
Minneapolis, Minnesota.
The situation in Rochester, NY is one of countless examples across the
state and country of the consequences of not providing the most appro-
priate response to a mental health or substance abuse crisis. New York-
ers that are experiencing mental health and substance abuse crises are
best served by a public health response that maximizes consent-based
care and services, and that minimizes the role of law enforcement and
the use of force. The furnishing of consent-based treatment and care to
New Yorkers experiencing mental health or substance abuse crisis and
delivered by trained, culturally competent responders is a critical
component of our state's public health structure.
It is the purpose of this legislation to promote the public health,
safety and welfare of all citizens by broadly ensuring a public health-
based response to anyone in New York experiencing a mental health or
substance abuse crisis; to offer and ensure the most appropriate
response to, treatment of, and transport of individuals experiencing
crisis due to mental health conditions or substance use; and to deesca-
late crisis situations so that as few New Yorkers as possible experience
nonconsensual transport, use of force, or criminal consequences as a
result of mental health or substance abuse crisis.
In Chapter 57 of the New York State Laws of 2023, the Daniel's Law Task
Force was established. The charge of the task force was to conduct
outreach and engage stakeholders, including but not limited to health-
care professionals with experience providing mental health and/or alco-
hol use or substance use disorder services; individuals or the primary
caregiver for individuals with lived experience with mental health
and/or alcohol use or substance use disorder; individuals employed in
the mental health or addiction field; crisis response call center
personnel, first responders; and individuals employed by not-for-profits
with experience in working with individuals experiencing mental health,
alcohol use or substance use crises.
After over a year of stakeholder engagement sessions, statewide town
halls and listening sessions, presentations by crisis response services
local, statewide, national, and international, the Daniel's Law Task
force released their report in December of 2024. This report further
supported the passage of Daniel's Law in its findings, and its major two
recommendations of New York establishing a defined response protocol for
behavioral health crisis, and establishing a statewide technical assist-
ance center. These recommendations are found within Daniel's Law.
 
LEGISLATIVE HISTORY:
S4814 of 2022 referred to Mental Health.
S2398 of 2023 referred to Mental Health.
S2398 of 2024 reported and committed to Finance.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law provided that the amendments to subdivision (a) of section
9.41 of the mental hygiene law made by section ten of this act shall be
subject to the expiration and reversion of such section pursuant to
section 21 of chapter 723 of the laws of 1989, as amended, when upon
such date the provisions of section eleven of this act shall take
effect.

Statutes affected:
S3670: 41.01 mental hygiene law, 41.03 mental hygiene law, 41.07 mental hygiene law, 41.13 mental hygiene law, 41.18 mental hygiene law, 5.05 mental hygiene law, 9.41 mental hygiene law