S 3670: Creates statewide emergency and crisis response council to work in conjunction with the commissioners of mental health and addiction services to jointly approve emergency and crisis services plans submitted by local governments, and provide supports regarding the operation and financing of high-quality emergency and crisis services provided to persons experiencing a mental health, alcohol use, or substance use crisis.

  
  STATE OF NEW YORK ________________________________________________________________________ 3670 2025-2026 Regular Sessions  IN SENATE January 29, 2025 ___________ Introduced by Sens. BROUK, BRISPORT, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, MAY, MYRIE, PARKER, RAMOS, SALAZAR, SEPULVEDA, WEBB -- 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, in relation to establishing the statewide emergency and crisis response council to plan and provide support regarding the operation and financing of high-quality emergen- cy and crisis response services for persons experiencing a mental health, alcohol use, or substance use crisis The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Daniel's law". 3 § 2. Legislative findings and intent. It is the purpose of this act to 4 promote the public health, safety and welfare of all citizens by broadly 5 ensuring a public health-based response to anyone in New York experienc- 6 ing a mental health, alcohol use or substance use crisis; to offer and 7 ensure the most appropriate response to, and treatment of, individuals 8 experiencing crisis due to mental health conditions, alcohol use or 9 substance use conditions; and to deescalate crisis situations so that as 10 few New Yorkers as possible experience nonconsensual transport, use of 11 force, or criminal consequences as a result of mental health, alcohol 12 use or substance abuse crises. The necessity to establish a defined 13 response protocol for behavioral health and substance use crises has 14 never been more urgent. 15 § 3. Section 41.01 of the mental hygiene law, as amended by chapter 37 16 of the laws of 2011, is amended to read as follows: 17 § 41.01 Declaration of purpose. 18 (a) This article is designed to enable and encourage local governments 19 to develop in the community preventive, rehabilitative, crisis response, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00378-02-5 
 S. 3670 2 1 and treatment services offering continuity of care; to improve and to 2 expand existing community programs for persons with mental illness, and 3 developmental disabilities, and those [suffering from the diseases of 4 alcoholism] with alcohol use disorder and substance [abuse] use 5 disorder; to plan for the integration of community and state services 6 and facilities for individuals with mental disabilities, alcohol use 7 disorders, and substance use disorders; and to cooperate with other 8 local governments and with the state in the provision of joint services 9 and sharing of [manpower] personnel resources. 10 (b) Effective implementation of this article requires the [direction] 11 establishment and administration, by each local governmental unit, of a 12 local comprehensive planning process for its geographic area in which 13 all providers of services shall participate and cooperate in the 14 provision of all necessary information. [It] This article also initiates 15 a planning effort involving the state, local governments and other 16 providers of service for the purpose of promoting continuity of care 17 through the development of integrated systems of care and treatment for 18 individuals with mental illness, developmental disabilities, and for 19 those [suffering from the diseases of alcoholism] with alcohol use 20 disorder and substance [abuse] use disorder. 21 (c) Such planning effort must also specifically address the develop- 22 ment of an effective crisis response system that includes the use of 23 non-police, community-run crisis first responder teams utilizing peers 24 and independent emergency medical technicians as first responders. To 25 ensure the development of a comprehensive and inclusive plan, the crisis 26 services planning effort must include at least fifty-one percent peers 27 and family peers, and the remaining forty-nine percent must be family 28 members and emergency medical response providers who shall be independ- 29 ent of any local government's emergency services department, and oper- 30 ated by a non-governmental organization via a contract with the local 31 government providers of crisis services, 9-8-8 personnel, and other 32 non-governmental community agencies which may come in contact with a 33 person experiencing a mental health or alcohol use or substance use 34 crisis. 35 § 4. Section 41.03 of the mental hygiene law is amended by adding six 36 new subdivisions 14, 15, 16, 17, 18 and 19 to read as follows: 37 14. "emergency and crisis services plan" means a plan which is part 38 of, and submitted with, the local services plan, but is planned and 39 developed specifically to ensure that all services, policies, training, 40 procedures, expenditures and contracts for services and processes used 41 to assist people experiencing mental health or alcohol use or substance 42 use crises are peer-focused, designed to decrease contact with police 43 and centered on increased access to care of the highest quality. 44 15. "eligible emergency and crisis response services" means services 45 eligible for funding under section 41.18 of this article, including but 46 not limited to, crisis response teams, crisis stabilization services and 47 centers, peer living rooms, peer support centers, mobile crisis teams 48 not utilizing law enforcement as part of the team, crisis collabora- 49 tives, peer crisis services, and crisis system oversight and management, 50 which are included in an emergency and crisis services plan. 51 16. "crisis response team" means one extensively-trained peer acting 52 as a crisis worker and one emergency medical technician independent of 53 any local government's emergency services department, and operated by a 54 non-governmental agency via a contract with the local government. 55 17. "peer" means an individual with lived mental health experience 56 and/or alcohol use or substance use disorder experience, who has experi- 
 S. 3670 3 1 ence navigating systems such as the healthcare, mental health, judicial, 2 criminal legal, housing, education, and employment systems. 3 18. "family peer" means an individual with lived experience as the 4 biological, foster, or adoptive parent, or the primary caregiver, of 5 children/youth with social, emotional, behavioral, mental health or 6 alcohol use or substance use disorders, who have experience navigating 7 systems such as the healthcare, mental health, judicial, criminal legal, 8 housing, education, and employment systems. 9 19. "statewide emergency and crisis response council" means the coun- 10 cil created pursuant to section 5.08 of this chapter. 11 § 5. Section 41.07 of the mental hygiene law is amended by adding a 12 new subdivision (d) to read as follows: 13 (d) In developing the emergency and crisis services plan defined by 14 subdivision fourteen of section 41.03 of this article and mandated by 15 paragraph seventeen of subdivision (a) of section 41.13 of this article, 16 local governments are encouraged to develop joint plans for a regional 17 or sub-regional service area to maximize the use and availability of 18 crisis and emergency services for all persons experiencing a mental 19 health or alcohol use or substance use crisis in that region or sub-re- 20 gion. 21 § 6. Subdivision (a) of section 41.13 of the mental hygiene law is 22 amended by adding a new paragraph 17 to read as follows: 23 17. submit an emergency and crisis services plan, either alone or with 24 other local governments in a region or sub-region, as required by subdi- 25 vision fourteen of section 41.03 of this article to comprehensively plan 26 for emergency and crisis services as is required by this chapter. 27 (i) The emergency and crisis services planning process shall include 28 peers, family peers, family members, emergency medical response provid- 29 ers, 9-8-8 personnel and personnel of other community agencies which may 30 come in contact with a person experiencing a mental health or alco- 31 hol use or substance use crisis. Peers and family peers shall constitute 32 at least fifty-one percent of the planning group. 33 (ii) The emergency and crisis services plan shall be consistent with 34 the commissioner's regulations for crisis services plans, developed 35 pursuant to subdivision (f) of section 5.05 of this chapter after 36 consultation with the statewide emergency and crisis response council. 37 § 7. Subdivision (b) of section 41.18 of the mental hygiene law is 38 amended by adding a new paragraph (vi) to read as follows: 39 (vi) Notwithstanding any other provision of this subdivision, local 40 governments, individually or jointly, shall be granted state aid of one 41 hundred percent of the net operating costs expended by such local 42 governments, and by voluntary agencies which have contracted with such 43 local governments, for eligible emergency and crisis services as defined 44 by subdivision fifteen of section 41.03 of this article that are 45 included in an approved emergency and crisis services plan. Funding 46 provided pursuant to this paragraph shall be authorized only for 47 services that have a non-police, non-law enforcement, or non-criminal 48 legal component and include peers. 49 § 8. Section 5.05 of the mental hygiene law is amended by adding five 50 new subdivisions (f), (g), (h), (i) and (j) to read as follows: 51 (f) The commissioner of mental health and the commissioner of the 52 office of addiction services and supports shall be jointly responsible 53 for developing and revising as necessary, in regulation, specific stand- 54 ards and procedures for the operation and financing of crisis and emer- 55 gency services, after consultation with the statewide emergency and 56 crisis response council. Such standards and procedures shall require 
 S. 3670 4 1 that the emergency and crisis services plans include a comprehensive 2 approach to oversee and measure the approved plan's effectiveness in 3 delivering high-quality, peer-focused crisis services, including 4 response time standards, and periodic reporting requirements. The 5 commissioners shall require specific metrics that approved plans shall 6 utilize to evaluate system progress, effectiveness, and appropriate 7 response times to crises, which shall be the same as or less than 8 current response times for other health crises. 9 (g) The commissioner of mental health and the commissioner of the 10 office of addiction services and supports shall be jointly responsible 11 to ensure that: 12 (1) a non-police, community-run public health-based response that 13 utilizes trained peer and independent emergency medical technician 14 crisis response teams for anyone experiencing a mental health, 15 alcohol use or substance use crisis is established. Any crisis response 16 team may request that a peace officer as defined by section 2.10 of 17 the criminal procedure law, or police officer as defined by section 1.20 18 of the criminal procedure law, transport a person in distress due to 19 mental health conditions or alcohol use or substance use, when such 20 team has exhausted alternative methods for obtaining consent from such 21 person, such person refuses treatment or transport from the crisis 22 response team; and: 23 (i) such person poses a substantial risk of physical harm to other 24 persons as manifested by homicidal or other violent behavior by 25 which others are placed in reasonable fear of imminent serious physical 26 harm; or 27 (ii) such crisis response team makes an assessment, in light 28 of the totality of the circumstances, that the crisis response team is 29 at risk of imminent physical violence due to the person's actions; 30 (2) the crisis response teams operate twenty-four hours a day, three 31 hundred sixty-five days a year; 32 (3) the crisis response teams receive culturally competent, trauma-in- 33 formed, experientially-based, and peer-led training; 34 (4) the average response time for the crisis response teams is the 35 same as or less than the current response time for other health crises; 36 (5) the crisis response teams de-escalate any situation involving 37 individuals experiencing crisis due to mental health conditions, 38 alcohol use, or substance use and avoid the use of nonconsensual treat- 39 ment, transport, or force wherever possible; 40 (6) the most appropriate treatment is provided to individuals experi- 41 encing a mental health, alcohol use or substance use crisis; 42 (7) voluntary assessment and referral of individuals experiencing a 43 mental health, alcohol use or substance use crisis are maximized; 44 (8) arrest, detention, and contact with the criminal legal system of 45 individuals experiencing a mental health, alcohol use or substance use 46 crisis are minimized; 47 (9) the number of individuals who experience physical harm and/or 48 trauma as a result of a mental health, alcohol use or substance use 49 crisis are minimized; 50 (10) 9-8-8 personnel respond to individuals experiencing a mental 51 health, alcohol use or substance use crisis and are optimally utilized 52 and integrated in the emergency and crisis services plan; 53 (11) a detailed plan to manage, oversee, monitor and regularly report 54 on the operation of the proposed crisis response system which meets the 55 requirements for these activities as required by subdivision (i) of this 56 section is established; 
 S. 3670 5 1 (12) whenever an emergency hotline in New York state, such as 911 or 2 311, receives a call regarding an individual experiencing a mental 3 health, alcohol use or substance use crisis, such hotline will refer 4 such call to the crisis response team for the relevant geographic area; 5 and 6 (13) the crisis response teams effectively respond to all individuals 7 experiencing a mental health, alcohol use or substance use crisis with 8 culturally competent, trauma-informed care and without regard to source 9 of funding. 10 (h) (1) Within twelve months after the effective date of this subdivi- 11 sion, the commissioner of mental health and the commissioner of the 12 office of addiction services and supports shall select an independent 13 organization to conduct an evaluation of the statewide impact of the 14 emergency and crisis response services mandated by this section on: 15 (i) the number of calls to, and responses sent by, dispatch services 16 including 311, 911, and 988 in response to people experiencing mental 17 health, alcohol use, or substance use crises; 18 (ii) the types of crises responded to; 19 (iii) the disposition and brief description of the result of each such 20 call, anonymized to protect individuals' privacy; 21 (iv) demographic information including the race, ethnicity, gender, 22 disability, and age of any individual who is the subject of any dispatch 23 call or interaction by a local crisis response team; 24 (v) the details and destination of transport of any person experienc- 25 ing a mental health, alcohol use or substance use crisis; 26 (vi) the services provided to such individuals; 27 (vii) the impact of emergency and crisis response services mandated by 28 this section on emergency room visits, use of ambulatory services, 29 hospitals as defined in article twenty-eight of the public health law 30 and/or mental health facilities as defined in section 1.03 of the mental 31 hygiene law; and 32 (viii) the involvement of law enforcement in mental health, alcohol 33 use or substance use crises, including any use of force or restraint 34 tactics or devices. 35 (2) The commissioner of mental health and the commissioner of the 36 office of addiction services and supports shall direct the organization 37 selected under paragraph one of this subdivision to issue its evaluation 38 within six months of the first operating date of any approved regional 39 emergency and crisis services plan, and shall include data from any 40 regional plan then approved and operating in the state. Such evaluation 41 shall be made publicly available and posted on the department's website 42 upon receipt by such commissioners. In addition to the reporting 43 requirements established pursuant to paragraph one of this subdivision, 44 the commissioner of mental health and the commissioner of addiction 45 services and supports shall collect all data listed under paragraph one 46 of this subdivision, and shall report such data in a form and manner 47 that is accessible to the public via the department's website. The 48 first data report required by this paragraph, after the effective date 49 of this subdivision, shall be made public within ninety days of the 50 approval of any regional emergency and crisis response plan, and shall 51 be made public in an ongoing manner every ninety days thereafter and 52 include data from every active regional emergency and crisis response 53 plan approved by the commissioners of mental health and the commissioner 54 of addiction services and supports. 55 (3) No later than twelve months after the approval by the commissioner 56 of mental health and the commissioner of the office of addiction 
 S. 3670 6 1 services and supports of any regional emergency and crisis response 2 plan, the commissioner of mental health and the commissioner of the 3 office of addiction services and supports shall prepare a comprehensive 4 report to the governor and the legislature specifying: 5 (i) the results of the evaluation carried out under paragraph one of 6 this subdivision; 7 (ii) the number of individuals who received qualifying community-based 8 crisis response services; 9 (iii) demographic information regarding such individuals when avail- 10 able, including the race, ethnicity, age, disability, sex, sexual orien- 11 tation, gender identity, and geographic location of such individuals; 12 (iv) the processes and models developed by local governments in their 13 emergency and crisis services plans to provide community-based crisis 14 response services, including the processes developed to provide refer- 15 rals for, or coordination with, follow-up care and services; 16 (v) the diversion of individuals from jails, incarceration, or similar 17 settings; 18 (vi) the diversion of individuals from psychiatric hospitals, commit- 19 ments under chapter four hundred eight of the laws of nineteen hundred 20 ninety-nine, constituting Kendra's law, and other involuntary services; 21 (vii) the experiences of individuals who receive community-based 22 crisis response services; 23 (viii) the successful connection of individuals with follow-up 24 services; 25 (ix) the utilization of services by underserved and historically 26 excluded communities, including black, indigenous and people of color 27 (BIPOC) populations; 28 (x) the cost or cost savings attributable to such emergency and crisis 29 response services; 30 (xi) other relevant outcomes identified by the commissioner of mental 31 health and the commissioner of addiction services and supports and the 32 statewide advisory emergency and crisis response council; 33 (xii) how all on-going aspects of assessment compare with the histor- 34 ical measures of such assessments; and 35 (xiii) recommendations for improvements to the emergency and crisis 36 services systems throughout the state. 37 (4) All reports and evaluations conducted by the commissioner of 38 mental health and the commissioner of the office of addiction services 39 and supports shall be made publicly available, including on the website 40 of the department. 41 (i) The commissioners of mental health and the commissioner of the 42 office of addiction services and supports and the council created pursu- 43 ant to section 5.08 of this article, shall be jointly responsible for 44 approval of the emergency and crisis services plan component of a local 45 services plan submitted by one or more local governmental units. Each 46 plan shall have an attestation that such plan was developed as 47 prescribed in paragraph seventeen of subdivision (a) of section 41.13 of 48 this chapter to be considered for approval. Such approval shall serve 49 as the basis for funding eligible emergency and crisis services pursuant 50 to paragraph (vi) of subdivision (b) of section 41.18 of this chapter. 51 (j) The commissioner of mental health and the commissioner of the 52 office of addiction services and supports, shall establish a statewide 53 behavioral health crisis technical assistance center within the office 54 of mental health. The commissioners of mental health and the office of 55 addiction services and supports shall be responsible for the structure 56 and operation of the statewide behavioral health crisis technical 
 S. 3670 7 1 assistance center. This statewide behavioral health crisis technical 2 assistance center will assist local government units in their emergency 3 and crisis services planning process under paragraph seventeen of subdi- 4 vision (a) of section 41.13 of this chapter. The statewide behavioral 5 health crisis technical assistance center will provide continuing 6 support to local government units and their crisis response teams as 7 they provide a non-police, community-run public health-based response 8 operating under an approved emergency and crisis services plan. 9 § 9. The mental hygiene law is amended by adding a new section 5.08 to 10 read as follows: 11 § 5.08 Statewide emergency and crisis response council. 12 (a) There is hereby created in the department the statewide emergency 13 and crisis response council to work in conjunction with the commissioner 14 of mental health and the commissioner of the office of addiction 15 services and supports to jointly approve emergency and crisis services 16 plans submitted by one or more local government units, and provide 17 supports on matters regarding the operation and financing of high-quali- 18 ty emergency and crisis services provided to persons experiencing a 19 mental health, alcohol use or substance use crisis. 20 (b) Four members of the state council shall be appointed by the gover- 21 nor. Sixteen members of the council shall be appointed by the state 22 legislature, as follows: (1) four members shall be appointed by the 23 speaker of the assembly; (2) four members shall be appointed by the 24 temporary president of the senate; (3) one member shall be appointed by 25 the minority leader of the assembly; (4) one member shall be 26 appointed by the minority leader of the senate; (5) two members shall be 27 appointed by the chairperson of the assembly committee on mental health; 28 (6) two members shall be appointed by the chairperson of the senate 29 committee on mental health; (7) one member shall be appointed by the 30 ranking minority member of the assembly committee on mental health; 31 and (8) one member shall be appointed by the ranking minority member of 32 the senate committee on mental health. The membership shall consist of 33 at least fifty-one percent peers and family peers. The entire statewide 34 emergency and crisis response council shall reflect the state's diversi- 35 ty of race, age, language, national origin, ethnicity, geography, and 36 disability. At least one-third of the council shall have demonstrated 37 certification, training, or employment in culturally competent responses 38 to mental health, alcohol use or substance use crises. Every person 39 appointed to the council shall have demonstrated knowledge of, and 40 skills in, culturally competent provision of trauma-informed mental 41 health, alcohol use, and substance use crisis response services. Each 42 member of the council shall be a family peer; licensed mental health or 43 addiction clinician; a licensed mental health or addiction counselor; a 44 licensed physician, nurse, or mental health or addiction provider; a 45 mental health or addiction counselor; a representative of a not-for-pro- 46 fit disability justice organization; an emergency medical technician; or 47 a crisis health care worker. 48 (c) The members of the council, upon securing a quorum, shall elect a 49 chairperson from among the members of the council by a majority vote of 50 those council members present. 51 (d) The term of office of members of the council shall be four years, 52 except that of those members first appointed, at least one-half but not 53 more than two-thirds shall be for terms not to exceed two years. Vacan- 54 cies shall be filled by appointment for the remainder of an unexpired 55 term. The council members shall continue in office until the expiration 56 of their terms and until their successors are appointed. No council 
 S. 3670 8 1 member shall be appointed to the council for more than four consecutive 2 terms. 3 (e) The council shall advise, oversee, assist and make recommendations 4 to the commissioners on specific policies and procedures regarding the 5 operation and financing of emergency and crisis services which: 6 (1) ensure a non-police, trauma-informed, and public health-based 7 response to anyone in the state experiencing a mental health, alcohol 8 use, or substance use crisis; 9 (2) are designed to de-escalate any situation involving individuals 10 experiencing a mental health, alcohol use, or substance use crisis, and 11 which eliminate the use of non-consensual treatment, non-consensual 12 transport, and force; 13 (3) ensure the most appropriate treatment of individuals experiencing 14 a mental health, alcohol use or substance use crisis; 15 (4) maximize the use of voluntary assessment and voluntary referral of 16 individuals experiencing a mental health, alcohol use or substance use 17 crisis; 18 (5) minimize arrest and detention by law enforcement and minimize 19 contact with the criminal legal system for individuals experiencing a 20 mental health, alcohol use, or substance use crisis; 21 (6) minimize physical harm and trauma for individuals who experience a 22 mental health, alcohol use, or substance use crisis; and 23 (7) effectively respond to all individuals experiencing a mental 24 health, alcohol use, or substance use crisis with culturally competent 25 care and without regard to source of funding. 26 (f) The council shall also review emergency and crisis services 27 programs and systems operating within the state or nationally, which 28 could be deployed in this state as model crisis and emergency services 29 systems. 30 (g) The council shall meet as frequently as its business may require, 31 but no less frequently than four times per year during the first four 32 years of the council's creation, and two times per year subsequently 33 after the first four years. At least one of such meetings per year 34 shall be held in a manner and at a time designed to maximize partic- 35 ipation of working members of the public. Meetings of the council shall 36 be governed by the provisions of article seven of the public officers 37 law, and shall be open to and accessible by the public including by 38 video conference or computer to the greatest extent possible. 39 (h) The presence of twelve voting members of the council, consist- 40 ing of at least fifty-one percent of peers and family peers, shall 41 constitute a quorum. 42 (i) The members of the council shall receive no compensation for their 43 services as members, but each shall be allowed the necessary and 44 actual expenses incurred in the performance of their duties under this 45 section, including a reasonable reimbursement rate for travel, lodg- 46 ing, and meals while attending meetings of the council. 47 § 10. Subdivision (a) of section 9.41 of the mental hygiene law, as 48 amended by section 4 of part AA of chapter 57 of the laws of 2021, is 49 amended to read as follows: 50 (a) Any peace officer, when acting pursuant to [his or her] such peace 51 officer's special duties, or police officer who is a member of the state 52 police or of an authorized police department or force or of a sheriff's 53 department may take into custody any person who appears to be [mentally 54 ill and] experiencing a mental health, alcohol use or substance use 55 crisis in the following circumstances: 
 S. 3670 9 1 1. Such person is conducting [himself or herself] themself in a manner 2 which is likely to result in [serious] an imminent risk of serious phys- 3 ical harm to [the person or] other persons as manifested by homicidal or 4 other violent behavior by which others are placed in reasonable fear of 5 serious physical harm. Such officer may direct the removal of such 6 person or remove [him or her] such person to any hospital specified in 7 subdivision (a) of section 9.39 of this article, or any comprehensive 8 psychiatric emergency program specified in subdivision (a) of section 9 9.40 of this article, or pending [his or her] such person's examination 10 or admission to any such hospital or comprehensive psychiatric emergency 11 program, [program,] temporarily detain any such person in another safe 12 and comfortable place, in which event, such officer shall immediately 13 notify: 14 (i) the appropriate local crisis response team established pursuant to 15 paragraph sixteen of subdivision (a) of section 41.03 of this chapter, 16 if any, and the director of community services or, if there be none, the 17 health officer of the city or county of such action[.]; 18 (ii) the state police, or the department or force of which the officer 19 is a member and has been requested or directed to respond by a crisis 20 response team under subdivision sixteen of section 41.03 of this chap- 21 ter; 22 (iii) a crisis response team which is present on the scene with the 23 officer and is incapacitated or otherwise unable to communicate a 24 request that the officer take custody of the individual; or 25 2. Such person is conducting themselves in a manner which is likely to 26 result in imminent serious physical harm to themselves as manifested by 27 threats of or attempts at suicide or serious bodily harm, and either: 28 (i) no crisis response team has been established in the region where 29 the person is; or 30 (ii) the crisis response team has not arrived to the place where the 31 person is located, and taking the person is necessary to prevent such 32 person from experiencing serious physical injury or death. 33 3. If a peace officer, when acting pursuant to such peace officer's 34 special duties, or a police officer who is a member of the state police 35 or of an authorized police department or force or of a sheriff's depart- 36 ment comes upon an individual experiencing a mental health, alcohol or 37 substance use crisis and the circumstances under this section have not 38 been met, the proper crisis response team shall be notified. 39 § 11. Section 9.41 of the mental hygiene law, as amended by chapter 40 843 of the laws of 1980, is amended to read as follows: 41 § 9.41 Emergency admissions for immediate observation, care, and treat- 42 ment; powers of certain peace officers and police officers. 43 (a) Any peace officer, when acting pursuant to [his] such peace offi- 44 cer's special duties, or a police officer who is a member of the state 45 police or of an authorized police department or force or of a sheriff's 46 department may take into custody any person who appears to be [mentally 47 ill and] experiencing a mental health, alcohol or substance use crisis 48 in the following circumstances: 49 1. Such person is conducting [himself] themselves in a manner which is 50 likely to result in [serious harm to himself or others. "Likelihood to 51 result in serious harm" shall mean (1) substantial risk of physical harm 52 to himself as manifested by threats of or attempts at suicide or serious 53 bodily harm or other conduct demonstrating that he is dangerous to 54 himself, or (2) a substantial] an imminent risk of serious physical harm 55 to other persons as manifested by homicidal or other violent behavior by 56 which others are placed in reasonable fear of serious physical harm. 
 S. 3670 10 1 Such officer may direct the removal of such person or remove [him] such 2 person to any hospital specified in subdivision (a) of section 9.39 of 3 this article or, comprehensive psychiatric emergency program specified 4 in subdivision (a) of section 9.40 of this article, or pending [his] 5 their examination or admission to any such hospital or comprehensive 6 psychiatric emergency program, temporarily detain any such person in 7 another safe and comfortable place, in which event, such officer shall 8 immediately notify: 9 (i) the appropriate local crisis response team established pursuant to 10 paragraph sixteen of subdivision (a) of section 41.03 of this chapter, 11 if any, and the director of community services or, if there be none, the 12 health officer of the city or county of such action[.]; 13 (ii) the state police, department, or force of which the officer is a 14 member has been requested or directed to respond by a crisis response 15 team as set forth in subdivision sixteen of section 41.03 of this chap- 16 ter; 17 (iii) a crisis response team which is present on the scene with the 18 officer is incapacitated or otherwise unable to communicate a request 19 that the officer take custody of the individual; or 20 2. Such person is conducting themselves in a manner which is likely to 21 result in imminent serious physical harm to themselves as manifested by 22 threats of or attempts at suicide or serious bodily harm, and either: 23 (i) no crisis response team has been established in the region where 24 the person is; or 25 (ii) the crisis response team did not arrive to the place where the 26 person is located, and taking the person is necessary to prevent such 27 person from experiencing serious physical injury or death. 28 (b) Such officer may direct the removal of such person or remove such 29 person to any hospital specified in subdivision (a) of section 9.39 of 30 this article or, pending their examination or admission to any such 31 hospital, temporarily detain any such person in another safe and 32 comfortable place, in which event, such officer shall immediately notify 33 appropriate emergency and crisis response services and the director of 34 community services or, if there be none, the health officer of the city 35 or county of such action. 36 3. If a peace officer, when acting pursuant to such peace officer's 37 special duties, or a police officer who is a member of the state police 38 or of an authorized police department or force or of a sheriff's depart- 39 ment comes upon an individual experiencing a mental health, alcohol or 40 substance use crisis and the circumstances under this section have not 41 been met, the proper crisis response team shall be notified. 42 § 12. This act shall take effect on the sixtieth day after it shall 43 have become a law; provided, however, that the amendments to subdivision 44 (a) of section 9.41 of the mental hygiene law made by section ten of 45 this act shall be subject to the expiration and reversion of such 46 section pursuant to section 21 of chapter 723 of the laws of 1989, as 47 amended, when upon such date the provisions of section eleven of this 48 act shall take effect. Effective immediately, the addition, amendment 49 and/or repeal of any rule or regulation necessary for the implementation 50 of this act on its effective date are authorized to be made and 51 completed on or before such effective date.