BILL NUMBER: S5477
SPONSOR: COMRIE
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to pretrial
mental health and substance abuse evaluations and treatment for certain
defendants; and to amend the state finance law, in relation to estab-
lishing the pretrial mental health and substance abuse services bail
fund
 
PURPOSE:
To create a pretrial mental health and substance abuse evaluation for
individuals who are in crisis, as well as setting as a condition of
pretrial release a referral to mental health and substance abuse evalu-
ation and compliance with needed treatment a condition of pre-trial
release.
 
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 4 to Section 550.10 of the criminal
procedure law to allow a judge on application from an enumerated quali-
fying list of individuals to require a principal charged with a crime
not subject to bail to be referred for a mental health and/or substance
abuse evaluation in the county. This section also requires police to
make reasonable efforts to contact these enumerated individuals.
Further, if determined that the principal requires treatment the court
may order that compliance with such treatment shall be a condition of
release pending trial.
Section 2 adds a new section 520.50 to the criminal procedure law to
institute a bail surcharge to help pay for mental health and substance
abuse treatment. Specifically every cash bail or bail bond authorized
pursuant to subdivision one of section 520.10 of this article shall be
subject to a surcharge of 1%. All money collected shall be deposited in
the pretrial mental health and substance abuse services bail fund to
reimburse counties for pretrial mental health and substance abuse evalu-
ations and services.
Section 3 Adds two new subparagraphs (ix) and (x) to subdivision 1 of
section 150.20 of the criminal procedure law to add when it has been
reported to an officer by an enumerated qualifying list of individuals
that based on the observed behavior of the person in present contact
with the officer and facts regarding the person's condition indicate a
sign of distress to such degree that the person would face harm without
immediate medical or mental health care, that bringing the person before
the court would be in the persons' interest in addressing that need.
Section 4 adds a new section 99-ii to the state finance law to create
the pretrial mental health and substance abuse services bail fund. This
fund which is held in joint custody between Taxation and Finance and the
Comptroller is a special fund to consist of all revenue received under
section 520.50 of the criminal procedure law and all other funds appro-
priates, credited, or transferred. Money can only be expended for
reimbursement to counties for expenses incurred for pretrial mental
health and substance abuse evaluations pursuant to subdivision four of
section 550.10 of the criminal procedure law.
Section 5 is the effective date.
 
JUSTIFICATION:
When an individual suffering from mental health and or substance abuse
intersects with the criminal justice system, there exists the opportu-
nity to assist this individual in getting the treatment they need. The
mechanism created within this legislation will allow a judge discretion
to require mental health and or substance abuse evaluation and treatment
as part of their release pending trial. Requiring an individual to
undergo a mental health and/or substance abuse evaluation at the
discretion of a judge provides an incredible opportunity to address
underling mental health and substance abuse issues that are better
served being treated outside of our prisons and jails.
 
LEGISLATIVE HISTORY:
2023-24: S5233 (Thomas) / A.1826 Jean-Pierre- Referred to Codes.
2021: S.198-A (Kaplan) / A.916-A (Jean-Pierre) - Referred to Senate
Codes Committee
2020: S.7242 (Kaplan) / A.9557 (Jean-Pierre) - Referred to Senate Codes
Committee
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

Statutes affected:
S5477: 550.10 criminal procedure law