Bill Text: NY A03393 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to establishing a crisis intervention demonstration program.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2018-03-15 - print number 3393a [A03393 Detail]

Download: New_York-2017-A03393-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3393
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  AUBRY,  CUSICK,  SKARTADOS  -- read once and
          referred 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 crisis inter-
          vention team program
          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 three new
     2  sections 7.48, 7.49 and 7.50 to read as follows:
     3  § 7.48 Crisis intervention demonstration program.
     4    (a) The commissioner shall  establish  a  crisis  intervention  demon-
     5  stration  program in any city having a population of one million or more
     6  for the purpose of assisting law enforcement officers in  responding  to
     7  crisis situations involving persons with mental illness and/or substance
     8  abuse problems.
     9    (b) The commissioner shall establish within the office the position of
    10  crisis  intervention team training program coordinator who will serve at
    11  the pleasure of the commissioner and who shall work with  the  New  York
    12  police department and any other law enforcement agency in the state that
    13  requests  assistance  to coordinate the provision of crisis intervention
    14  team training to its  first  responders  as  a  part  of  a  specialized
    15  response team or as part of the training for first responders.
    16    (c) The crisis intervention team training program coordinator shall:
    17    (i)  work  with communities to develop partnerships, coordinate activ-
    18  ities and promote cooperation  and  collaboration  between  the  office,
    19  office of alcoholism and substance abuse services, law enforcement agen-
    20  cies,  disability service providers and people with psychiatric or other
    21  disabilities and their families  to  provide  crisis  intervention  team
    22  training;
    23    (ii)  provide  coordination  activities and funding support for crisis
    24  intervention team training;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06167-02-7

        A. 3393                             2
     1    (iii) provide support, training and community coordination  to  ensure
     2  that  mental  health service providers in the community provide alterna-
     3  tives to incarceration;
     4    (iv)  through  federal  and  private  grants,  gifts or contributions,
     5  provide funding to support training and community coordination costs  as
     6  necessary. All moneys shall be deposited in the crisis intervention team
     7  training fund established by section ninety-eight-d of the state finance
     8  law;
     9    (v)  in  consultation  with the crisis intervention advisory committee
    10  established by this article, distribute crisis intervention team  train-
    11  ing  fund  moneys  as needed for support, training and community coordi-
    12  nation costs; and
    13    (vi) submit a report to  the  governor,  temporary  president  of  the
    14  senate,  speaker  of  the  assembly and the crisis intervention advisory
    15  committee on or before November fifteenth of each year that contains the
    16  following:
    17    (A) a review of all law enforcement agencies that have provided crisis
    18  intervention team training to their officers and the number of  officers
    19  that have completed the training;
    20    (B)  a  list  of  communities  in this state that have implemented the
    21  crisis intervention team training program through training  and  coordi-
    22  nation, including the length of implementation and current status of the
    23  program;
    24    (C)  recommendations  for  improvement in the community based partner-
    25  ships that support crisis intervention team responses;
    26    (D) recommendations for improvement in the law enforcement and  public
    27  safety agencies that provide crisis intervention team responses; and
    28    (E)  a  review  of  all funding resources that the crisis intervention
    29  team training program coordinator has applied for to increase  available
    30  funding,  including  the status of all funding requests and the total of
    31  moneys received year to date.
    32    (d) The crisis intervention demonstration program shall end five years
    33  after its enactment date.
    34  § 7.49 Crisis intervention team training program advisory committee.
    35    (a) There is hereby established a  crisis  intervention  demonstration
    36  program advisory committee.
    37    (b) The committee shall consist of:
    38    (1)  the commissioner, who shall serve as chairperson of the committee
    39  and who is a nonvoting member;
    40    (2) the crisis intervention team training program coordinator, who  is
    41  a nonvoting member;
    42    (3)  one  member  appointed  by  the commissioner who is a consumer of
    43  mental health services;
    44    (4) one member appointed by the commissioner who is an immediate fami-
    45  ly member of a consumer of mental health services;
    46    (5) one member appointed by the commissioner who represents  a  state-
    47  wide  advocacy  agency  that serves persons with mental disabilities and
    48  their families;
    49    (6) one member appointed by the commissioner who is a psychiatrist  or
    50  psychologist licensed in the state;
    51    (7)  one  member  appointed  by  the  commissioner  of  alcoholism and
    52  substance abuse services;
    53    (8) one  member  appointed  by  the  commissioner  of  alcoholism  and
    54  substance  abuse  services  who represents a statewide behavior advocacy
    55  group, agency or association;

        A. 3393                             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 recommended by the New York city peace officer benevo-
     8  lent association who is a certified peace officer;
     9    (12) one member appointed by the commissioner of the division of crim-
    10  inal justice services who is a law enforcement officer; and
    11    (13) one member appointed  by  the  New  York  police  department  who
    12  represents law enforcement.
    13    (c) The committee shall:
    14    (1)  meet at least two times in each full calendar year. The committee
    15  shall meet at the request of its chairperson; and
    16    (2) review the report required by section 7.48  of  this  article  and
    17  based  on  that  report  make  recommendations  to  the office of mental
    18  health, the office of people with developmental disabilities, the office
    19  of alcoholism and substance abuse services,  the  division  of  criminal
    20  justice  services,  the  New  York  police department, the governor, the
    21  temporary president of the senate and the speaker of the assembly.
    22    (d) Committee members shall not be compensated but  are  eligible  for
    23  reimbursement of reasonable expenses.
    24  § 7.50 Crisis intervention team training fund grant program.
    25    (a)  The  commissioner  shall  establish  the crisis intervention team
    26  training fund grant program which shall include, but not be limited  to,
    27  providing financial support when necessary and as available for training
    28  and  community coordination costs for the implementation of the New York
    29  crisis intervention team training program to law enforcement agencies as
    30  requested.
    31    (b) Notwithstanding any law to the contrary, the fund shall consist of
    32  up to one million dollars from the state fiscal year two thousand  eigh-
    33  teen--nineteen appropriations.
    34    §  2. The state finance law is amended by adding a new section 98-d to
    35  read as follows:
    36    § 98-d. Crisis intervention team training fund.   1. There  is  hereby
    37  established in the joint custody of the comptroller and the commissioner
    38  of  the  office of mental health a fund to be known as the crisis inter-
    39  vention team training fund.
    40    2. The crisis intervention team training fund  shall  consist  of  all
    41  moneys  received  from  the  federal  government, private grants, gifts,
    42  contributions and devises.
    43    3. Any contractors that receive moneys pursuant to this section  shall
    44  submit quarterly reports to the commissioner of the department of mental
    45  health  regarding  the  use and effectiveness of the distributed moneys.
    46  The commissioner of the department of  mental  health  shall  include  a
    47  summary  of  the fund analysis in the annual report required pursuant to
    48  section 7.48 of the mental hygiene law.
    49    § 3. The general municipal law is amended  by  adding  a  new  section
    50  204-g to read as follows:
    51    §  204-g.  Crisis  intervention teams. 1.  The commissioner of the New
    52  York state division of criminal justice services, in  consultation  with
    53  the commissioners of the office of mental health, office for people with
    54  developmental  disabilities and office of alcoholism and substance abuse
    55  services, shall, for all local police officers in law enforcement  units

        A. 3393                             4
     1  of  a  city  having  a  population  of one million or more and any other
     2  enforcement agency that chooses to participate:
     3    (a)  establish  criteria  for  the  development of crisis intervention
     4  teams; and
     5    (b) establish, and implement on an ongoing basis, a  training  program
     6  for  all current and new employees regarding the policies and procedures
     7  established pursuant to this section. The  curriculum  shall  include  a
     8  minimum of forty hours of mandatory training in mental health issues.
     9    2. The goals of the crisis intervention team program shall be to:
    10    (a) provide immediate response by specifically trained law enforcement
    11  officers;
    12    (b)  reduce  the  amount  of time police officers spend out of service
    13  awaiting assessment and disposition;
    14    (c) afford persons with mental illness and/or substance abuse problems
    15  a sense of dignity in crisis situations;
    16    (d) reduce the likelihood of physical confrontation;
    17    (e)  identify  underserved  populations  with  mental  illness  and/or
    18  substance abuse problems and refer them to appropriate care;
    19    (f)  decrease  the use of arrest and detention of persons experiencing
    20  mental health and/or substance abuse crises by providing  better  access
    21  to timely treatment;
    22    (g)  provide  therapeutic  locations or protocol for officers to bring
    23  individuals in crisis for assessment that is not a  law  enforcement  or
    24  jail facility; and
    25    (h)  decrease  injuries  to  law  enforcement  officers  during crisis
    26  events.
    27    3. Other state agencies shall provide cooperation  and  assistance  to
    28  the program to assist in the effective performance of its duties.
    29    §  4.  Section  19.07 of the mental hygiene law is amended by adding a
    30  new subdivision (l) to read as follows:
    31    (l) The office of alcoholism and substance abuse  services  shall,  in
    32  collaboration  with  law  enforcement  and  the  office of mental health
    33  establish criteria for the development of crisis intervention teams that
    34  shall include assessment of the effectiveness of the plan for  community
    35  involvement, training and therapeutic response alternatives and a deter-
    36  mination  of  whether law enforcement officers have effective agreements
    37  with mental health care providers and all other community stakeholders.
    38    § 5. This act shall take effect immediately.
feedback