Bill Text: NY A05590 | 2023-2024 | General Assembly | Introduced
Bill Title: Allows for principals to be remanded into custody for drug treatment where there is a risk of continued substance abuse or the use of an opioid antagonist was required.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2024-01-03 - referred to codes [A05590 Detail]
Download: New_York-2023-A05590-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5590 2023-2024 Regular Sessions IN ASSEMBLY March 16, 2023 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Codes AN ACT to amend the criminal procedure law and the mental hygiene law, in relation to allowing for principals to be remanded into custody for drug treatment where there is a risk of continued substance abuse The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 510.10 of the criminal procedure law is amended by 2 adding three new subdivisions 5-a, 5-b and 5-c to read as follows: 3 5-a. Notwithstanding the provisions of subdivisions three and four of 4 this section, the court may, in its discretion, commit the principal to 5 the custody of the sheriff for a period of no more than fifteen days, if 6 such principal has a substantial risk of continued substance abuse and 7 there is a likelihood of serious harm to such principal and there exists 8 no alternative less restrictive means available to confine or supervise 9 such principal in order to prevent the principal's substantial risk of 10 continued substance abuse upon release from custody. Alternative and 11 less restrictive means of confinement and supervision shall mean avail- 12 able immediate commitment of such principal in a state licensed 13 substance abuse treatment center, drug rehabilitation center or mental 14 health facility. In making its determination, the court may consider the 15 following factors, including but not limited to: 16 (a) knowledge of the principal's failed attempts to complete drug 17 court; 18 (b) admission by the principal that he or she is addicted to a 19 controlled substance; 20 (c) requests by the principal's immediate family members to hold the 21 principal in custody to prevent the likelihood of serious harm; 22 (d) a record of the principal's arrests for similar offenses related 23 to substance abuse; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06314-01-3A. 5590 2 1 (e) the arresting officer's testimony of the principal's intoxication 2 or of witnessing the principal's use of a controlled substance; and 3 (f) the principal's possession of a controlled substance or possession 4 of paraphernalia related thereto. 5 5-b. Upon the commitment of such principal to the custody of the sher- 6 iff, or an available, less restrictive means of confinement and super- 7 vision, the court shall order a duly licensed professional to monitor 8 such principal as needed to evaluate the principal's need for treatment 9 and/or medications, and to complete an evaluation for addiction to a 10 controlled substance. Treatment, including but not limited to medica- 11 tions, shall be provided to the principal without unnecessary delay, as 12 recommended by such licensed professional. The principal's complete 13 evaluation, including recommendations for the continued custody of such 14 principal, immediate release from custody, and any other proposals for 15 the care and treatment of such principal shall be provided to the court 16 without unnecessary delay and within no more than seventy-two hours from 17 the completion of such principal's evaluation. The principal, such 18 principal's counsel and the district attorney's office shall be provided 19 a copy of the principal's evaluation upon request to the court. 20 5-c. The principal shall be afforded the opportunity for a hearing to 21 request the principal's immediate release from the custody of the sher- 22 iff or confinement in a treatment facility or mental health facility, 23 prior to his or her arraignment. If within seventy-two hours of the 24 court's receipt of the principal's request for such hearing, the princi- 25 pal is not brought before a local criminal court, the principal shall be 26 immediately released from the sheriff's custody or confinement in a 27 treatment facility or mental health facility and served an appearance 28 ticket. The principal shall be entitled to introduce his or her 29 controlled substance evaluation including any recommendations made by a 30 licensed physician that such principal should not be held in custody of 31 the sheriff or confined at a treatment or mental health facility and 32 that the principal is not in substantial risk for substance abuse, or 33 there is not a likelihood of serious harm to the principal upon his or 34 her release from custody. The court shall consider the principal's 35 complete evaluation including treatment recommendations, record of 36 arrests, convictions and any record of participation in any drug court 37 and shall decide whether to immediately release such principal from the 38 custody of the sheriff or confinement in a treatment facility or mental 39 health facility, or to remand the principal to the custody of the sher- 40 iff or confinement in a treatment facility or mental health facility for 41 the remainder of the principal's fifteen day period of custody or 42 confinement. 43 § 2. Subdivision 1 of section 530.20 of the criminal procedure law is 44 amended by adding three new paragraphs (c), (e) and (f) to read as 45 follows: 46 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 47 subdivision, the court may, in its discretion, commit the principal to 48 the custody of the sheriff for a period of no more than fifteen days, if 49 such principal has a substantial risk of continued substance abuse and 50 there is a likelihood of serious harm to such principal and there exists 51 no alternative less restrictive means available to confine or supervise 52 such principal in order to prevent the principal's substantial risk of 53 continued substance abuse upon release from custody. Alternative and 54 less restrictive means of confinement and supervision shall mean avail- 55 able immediate commitment of such principal in a state licensed 56 substance abuse treatment center, drug rehabilitation center or mentalA. 5590 3 1 health facility. In making its determination, the court may consider the 2 following factors, including but not limited to: 3 (i) knowledge of the principal's failed attempts to complete drug 4 court; 5 (ii) admission by the principal that he or she is addicted to a 6 controlled substance; 7 (iii) requests by the principal's immediate family members to hold the 8 principal in custody to prevent the likelihood of serious harm; 9 (iv) a record of the principal's arrests for similar offenses related 10 to substance abuse; 11 (v) the arresting officer's testimony of witnessing the principal's 12 use of a controlled substance; and 13 (vi) the principal's possession of a controlled substance or 14 possession of paraphernalia related thereto. 15 (e) Upon the commitment of such principal to the custody of the sher- 16 iff, or an available, less restrictive means of confinement and super- 17 vision, the court shall order a duly licensed professional to monitor 18 such principal as needed to evaluate the principal's need for treatment 19 and/or medications, and to complete an evaluation for addiction to a 20 controlled substance. Treatment, including but not limited to medica- 21 tions, shall be provided to the principal without unnecessary delay, as 22 recommended by such licensed professional. The principal's complete 23 evaluation, including recommendations for the continued custody of such 24 principal, immediate release from custody, and any other proposals for 25 the care and treatment of such principal shall be provided to the court 26 without unnecessary delay and within no more than seventy-two hours from 27 the completion of such principal's evaluation. The principal, such 28 principal's counsel and the district attorney's office shall be provided 29 a copy of the principal's evaluation upon request to the court. 30 (f) The principal shall be afforded the opportunity for a hearing to 31 request the principal's immediate release from the custody of the sher- 32 iff or confinement in a treatment facility or mental health facility, 33 prior to his or her arraignment. If within seventy-two hours of the 34 court's receipt of the principal's request for such hearing, the princi- 35 pal is not brought before a local criminal court, the principal shall be 36 immediately released from the sheriff's custody or confinement in a 37 treatment facility or mental health facility and served an appearance 38 ticket. The principal shall be entitled to introduce his or her 39 controlled substance evaluation including any recommendations made by a 40 licensed physician that such principal should not be held in custody of 41 the sheriff or confined at a treatment or mental health facility and 42 that the principal is not in substantial risk for substance abuse, or 43 there is not a likelihood of serious harm to the principal upon his or 44 her release from custody. The court shall consider the principal's 45 complete evaluation including treatment recommendations, record of 46 arrests, convictions and any record of participation in any drug court 47 and shall decide whether to immediately release such principal from the 48 custody of the sheriff or confinement in a treatment facility or mental 49 health facility, or to remand the principal to the custody of the sher- 50 iff or confinement in a treatment facility or mental health facility for 51 the remainder of the principal's fifteen day period of custody or 52 confinement. 53 § 3. Section 530.40 of the criminal procedure law is amended by adding 54 three new subdivisions 5-a, 5-b and 5-c to read as follows: 55 5-a. Notwithstanding the provisions of subdivisions three and four of 56 this section, the court may, in its discretion, commit the principal toA. 5590 4 1 the custody of the sheriff for a period of no more than fifteen days, if 2 such principal has a substantial risk of continued substance abuse and 3 there is a likelihood of serious harm to such principal and there exists 4 no alternative less restrictive means available to confine or supervise 5 such principal in order to prevent the principal's substantial risk of 6 continued substance abuse upon release from custody. Alternative and 7 less restrictive means of confinement and supervision shall mean avail- 8 able immediate commitment of such principal in a state licensed 9 substance abuse treatment center, drug rehabilitation center or mental 10 health facility. In making its determination, the court may consider the 11 following factors, including but not limited to: 12 (a) knowledge of the principal's failed attempts to complete drug 13 court; 14 (b) admission by the principal that he or she is addicted to a 15 controlled substance; 16 (c) requests by the principal's immediate family members to hold the 17 principal in custody to prevent the likelihood of serious harm; 18 (d) a record of the principal's arrests for similar offenses related 19 to substance abuse; 20 (e) the arresting officer's testimony of the principal's intoxication 21 or of witnessing the principal's use of a controlled substance; and 22 (f) the principal's possession of a controlled substance or possession 23 of paraphernalia related thereto. 24 5-b. Upon the commitment of such principal to the custody of the sher- 25 iff, or an available, less restrictive means of confinement and super- 26 vision, the court shall order a duly licensed professional to monitor 27 such principal as needed to evaluate the principal's need for treatment 28 and/or medications, and to complete an evaluation for addiction to a 29 controlled substance. Treatment, including but not limited to medica- 30 tions, shall be provided to the principal without unnecessary delay, as 31 recommended by such licensed professional. The principal's complete 32 evaluation, including recommendations for the continued custody of such 33 principal, immediate release from custody, and any other proposals for 34 the care and treatment of such principal shall be provided to the court 35 without unnecessary delay and within no more than seventy-two hours from 36 the completion of such principal's evaluation. The principal, such 37 principal's counsel and the district attorney's office shall be provided 38 a copy of the principal's evaluation upon request to the court. 39 5-c. The principal shall be afforded the opportunity for a hearing to 40 request the principal's immediate release from the custody of the sher- 41 iff or confinement in a treatment facility or mental health facility, 42 prior to his or her arraignment. If within seventy-two hours of the 43 court's receipt of the principal's request for such hearing, the princi- 44 pal is not brought before a local criminal court, the principal shall be 45 immediately released from the sheriff's custody or confinement in a 46 treatment facility or mental health facility and served an appearance 47 ticket. The principal shall be entitled to introduce his or her 48 controlled substance evaluation including any recommendations made by a 49 licensed physician that such principal should not be held in custody of 50 the sheriff or confined at a treatment or mental health facility and 51 that the principal is not in substantial risk for substance abuse, or 52 there is not a likelihood of serious harm to the principal upon his or 53 her release from custody. The court shall consider the principal's 54 complete evaluation including treatment recommendations, record of 55 arrests, convictions and any record of participation in any drug court 56 and shall decide whether to immediately release such principal from theA. 5590 5 1 custody of the sheriff or confinement in a treatment facility or mental 2 health facility, or to remand the principal to the custody of the sher- 3 iff or confinement in a treatment facility or mental health facility for 4 the remainder of the principal's fifteen day period of custody or 5 confinement. 6 § 4. The fourth undesignated paragraph of section 9.01 of the mental 7 hygiene law, as amended by chapter 723 of the laws of 1989, is amended 8 to read as follows: 9 "likelihood to result in serious harm" or "likely to result in serious 10 harm" means (a) a substantial risk of physical harm to the person as 11 manifested by threats of or attempts at suicide or serious bodily harm, 12 a drug overdose requiring the use of an opioid antagonist, or other 13 conduct demonstrating that the person is dangerous to himself or 14 herself, or (b) a substantial risk of physical harm to other persons as 15 manifested by homicidal or other violent behavior by which others are 16 placed in reasonable fear of serious physical harm. 17 § 5. Paragraph 1 of subdivision (a) of section 9.37 of the mental 18 hygiene law, as amended by chapter 251 of the laws of 1972 and such 19 section as renumbered by chapter 978 of the laws of 1977, is amended to 20 read as follows: 21 1. substantial risk of physical harm to himself as manifested by 22 threats of or attempts at suicide or serious bodily harm, a drug over- 23 dose requiring the use of an opioid antagonist, or other conduct demon- 24 strating that he is dangerous to himself, or 25 § 6. Paragraph 1 of subdivision (a) of section 9.39 of the mental 26 hygiene law, as amended by chapter 789 of the laws of 1985, is amended 27 to read as follows: 28 1. substantial risk of physical harm to himself as manifested by 29 threats of or attempts at suicide or serious bodily harm, a drug over- 30 dose requiring the use of an opioid antagonist, or other conduct demon- 31 strating that he is dangerous to himself, or 32 § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843 33 of the laws of 1980, is amended to read as follows: 34 § 9.41 Emergency admissions for immediate observation, care, and treat- 35 ment; powers of certain peace officers and police officers. 36 Any peace officer, when acting pursuant to his special duties, or 37 police officer who is a member of the state police or of an authorized 38 police department or force or of a sheriff's department may take into 39 custody any person who appears to be mentally ill and is conducting 40 himself in a manner which is likely to result in serious harm to himself 41 or others. "Likelihood to result in serious harm" shall mean (1) 42 substantial risk of physical harm to himself as manifested by threats of 43 or attempts at suicide or serious bodily harm, a drug overdose requiring 44 the use of an opioid antagonist, or other conduct demonstrating that he 45 is dangerous to himself, or (2) a substantial risk of physical harm to 46 other persons as manifested by homicidal or other violent behavior by 47 which others are placed in reasonable fear of serious physical harm. 48 Such officer may direct the removal of such person or remove him to any 49 hospital specified in subdivision (a) of section 9.39 or, pending his 50 examination or admission to any such hospital, temporarily detain any 51 such person in another safe and comfortable place, in which event, such 52 officer shall immediately notify the director of community services or, 53 if there be none, the health officer of the city or county of such 54 action.A. 5590 6 1 § 8. Paragraph 3 of subdivision (a) of section 22.09 of the mental 2 hygiene law, as amended by section 1 of part D of chapter 69 of the laws 3 of 2016, is amended to read as follows: 4 3. "Likelihood to result in harm" or "likely to result in harm" means 5 (i) a substantial risk of physical harm to the person as manifested by 6 threats of or attempts at suicide or serious bodily harm, a drug over- 7 dose requiring the use of an opioid antagonist, or other conduct demon- 8 strating that the person is dangerous to himself or herself, or (ii) a 9 substantial risk of physical harm to other persons as manifested by 10 homicidal or other violent behavior by which others are placed in 11 reasonable fear of serious physical harm. 12 § 9. This act shall take effect on the thirtieth day after it shall 13 have become a law; provided, however, that section five of this act 14 shall take effect on the same date as the reversion of paragraph 1 of 15 subdivision (a) of section 9.37 of the mental hygiene law as provided in 16 section 21 of chapter 723 of the laws of 1989, as amended; and provided 17 further, however, that section seven of this act shall take effect on 18 the same date as the reversion of section 9.41 of the mental hygiene law 19 as provided in section 21 of chapter 723 of the laws of 1989, as 20 amended.
