S 5477: Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

  
  STATE OF NEW YORK ________________________________________________________________________ 5477 2025-2026 Regular Sessions  IN SENATE February 21, 2025 ___________ Introduced by Sens. COMRIE, FELDER, GOUNARDES, HARCKHAM, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 establishing the pretrial mental health and substance abuse services bail fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 550.10 of the criminal procedure law is amended by 2 adding a new subdivision 4 to read as follows: 3 4. On application of: (a) the prosecution; (b) defense counsel; (c) a 4 family member of the principal; (d) any person eighteen years of age or 5 older with whom the principal resides; (e) the director of a hospital in 6 which the principal is hospitalized; (f) the director of any public or 7 charitable organization, agency or home providing mental health services 8 to the principal or in whose institution the principal resides; (g) a 9 qualified psychiatrist who is either supervising the treatment of or 10 treating the principal for a mental illness; (h) a psychologist, 11 licensed pursuant to article one hundred fifty-three of the education 12 law, or a social worker, licensed pursuant to article one hundred 13 fifty-four of the education law, who is treating the principal for a 14 mental illness; (i) the director of community services, or their desig- 15 nee, or the social services official, as defined in the social services 16 law, of the city or county in which the principal is present or reason- 17 ably believed to be present; or (j) a parole officer or probation offi- 18 cer assigned to supervise the principal; a principal charged with a 19 crime not subject to bail shall be referred to the county in which the 20 crime was committed for a mental health and/or substance abuse evalu- 21 ation and if, after such evaluation, it is determined that the principal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08646-01-5 
 S. 5477 2 1 requires treatment for such mental health diagnosis or substance abuse, 2 the court may order that compliance with such treatment shall be a 3 condition of release pending trial. Police shall make reasonable efforts 4 to contact the individuals referenced in paragraphs (c), (d), (e), (f), 5 (g), (h), (i) and (j) of this subdivision in situations when police have 6 reason to believe that a principal is suffering from mental health or 7 substance abuse issues as covered by this subdivision. 8 § 2. The criminal procedure law is amended by adding a new section 9 520.50 to read as follows: 10 § 520.50 Bail surcharge; mental health and substance abuse. 11 Every cash bail or bail bond authorized pursuant to subdivision one of 12 section 520.10 of this article and imposed by the court pursuant to this 13 part shall be subject to a surcharge in the amount of one percent. All 14 monies collected from such surcharge shall be deposited in the pretrial 15 mental health and substance abuse services bail fund established pursu- 16 ant to section ninety-nine-ss of the state finance law to be used to 17 reimburse counties for pretrial mental health and substance abuse evalu- 18 ations and services required by subdivision four of section 550.10 of 19 this part. 20 § 3. Subparagraphs (viii), (x) and (xi) of paragraph (b) of subdivi- 21 sion 1 of section 150.20 of the criminal procedure law, subparagraph 22 (viii) as amended and subparagraphs (x) and (xi) as added by section 1 23 of subpart B of part UU of chapter 56 of the laws of 2022, are amended 24 and a new subparagraph (xii) is added to read as follows: 25 (viii) it reasonably appears to the officer, based on the observed 26 behavior of the individual in the present contact with the officer and 27 facts regarding the person's condition that indicates a sign of distress 28 to such a degree that the person would face harm without immediate 29 medical or mental health care, that bringing the person before the court 30 would be in such person's interest in addressing that need; provided, 31 however, that before making the arrest, the officer shall make all 32 reasonable efforts to assist the person in securing appropriate 33 services; and shall also make all reasonable efforts to contact the 34 individuals referenced in subparagraph (xii) of this paragraph to inform 35 such individuals of the situation; 36 (x) the person is eighteen years of age or older and charged with a 37 hate crime as defined in section 485.05 of the penal law; [or] 38 (xi) the offense is a qualifying offense pursuant to paragraph (t) of 39 subdivision four of section 510.10 of this chapter, or pursuant to para- 40 graph (t) of subdivision four of section 530.40 of this chapter[.] ; or 41 (xii) it has been reported to the officer by: 42 (A) any person eighteen years of age or older with whom the person 43 resides; or 44 (B) the parent, spouse, sibling eighteen years of age or older, or 45 child eighteen years of age or older of the person; or 46 (C) the director of a hospital in which the person is hospitalized; or 47 (D) the director of any public or charitable organization, agency or 48 home providing mental health services to the person or in whose institu- 49 tion the person resides; or 50 (E) a qualified psychiatrist who is either supervising the treatment 51 of or treating the person for a mental illness; or 52 (F) a psychologist, licensed pursuant to article one hundred fifty- 53 three of the education law, or a social worker, licensed pursuant to 54 article one hundred fifty-four of the education law, who is treating the 55 person for a mental illness; or 
 S. 5477 3 1 (G) the director of community services, or their designee, or the 2 social services official, as defined in the social services law, of the 3 city or county in which the person is present or reasonably believed to 4 be present; or 5 (H) a parole officer or probation officer assigned to supervise the 6 person. 7 § 4. The state finance law is amended by adding a new section 99-ss to 8 read as follows: 9 § 99-ss. Pretrial mental health and substance abuse services bail 10 fund. 1. There is hereby established in the joint custody of the commis- 11 sioner of taxation and finance and the state comptroller a special fund 12 to be known as the "pretrial mental health and substance abuse services 13 bail fund". 14 2. Such fund shall consist of all revenues received by the department 15 of taxation and finance pursuant to the provisions of section 520.50 of 16 the criminal procedure law, and all other moneys appropriated, credited, 17 or transferred thereto from any other fund or source pursuant to law. 18 Nothing contained herein shall prevent the state from receiving grants, 19 gifts, or bequests for the fund and depositing them into the fund 20 according to law. 21 3. Monies of the fund shall be expended only for reimbursement to 22 counties for expenses incurred by such counties for pretrial mental 23 health and/or substance abuse evaluations and treatment required pursu- 24 ant to subdivision four of section 550.10 of the criminal procedure law. 25 4. Monies shall be payable from the fund on the audit and warrant of 26 the comptroller on vouchers approved and certified by the commissioner 27 of taxation and finance. 28 § 5. This act shall take effect on the sixtieth day after it shall 29 have become a law.