Bill Text: NY S00372 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to establishing a crisis intervention demonstration program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S00372 Detail]

Download: New_York-2019-S00372-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           372
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities
        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 7.49, 7.51 and 7.53  to read as follows:
     3  § 7.49 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  police
    12  department  of the city of New York and any other law enforcement agency
    13  in the state that requests assistance to  coordinate  the  provision  of
    14  crisis intervention team training to its first responders as a part of a
    15  specialized  response  team or as part of the training for first respon-
    16  ders.
    17    (c) The crisis intervention team training program coordinator shall:
    18    (i) work with communities to develop partnerships,  coordinate  activ-
    19  ities  and  promote  cooperation  and  collaboration between the office,
    20  office of alcoholism and substance abuse services, law enforcement agen-
    21  cies, disability service providers and people with psychiatric or  other
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04283-01-9

        S. 372                              2
     1  disabilities  and  their  families  to  provide crisis intervention team
     2  training;
     3    (ii)  provide  coordination  activities and funding support for crisis
     4  intervention team training;
     5    (iii) provide support, training and community coordination  to  ensure
     6  that  mental  health service providers in the community provide alterna-
     7  tives to incarceration;
     8    (iv) through federal  and  private  grants,  gifts  or  contributions,
     9  provide  funding to support training and community coordination costs as
    10  necessary. All moneys shall be deposited in the crisis intervention team
    11  training fund established by section ninety-eight-d of the state finance
    12  law;
    13    (v) in consultation with the crisis  intervention  advisory  committee
    14  established  by this article, distribute crisis intervention team train-
    15  ing fund moneys as needed for support, training  and  community  coordi-
    16  nation costs; and
    17    (vi)  submit  a  report  to  the  governor, temporary president of the
    18  senate, speaker of the assembly and  the  crisis  intervention  advisory
    19  committee on or before November fifteenth of each year that contains the
    20  following:
    21    (A) a review of all law enforcement agencies that have provided crisis
    22  intervention  team training to their officers and the number of officers
    23  that have completed the training;
    24    (B) a list of communities in this  state  that  have  implemented  the
    25  crisis  intervention  team training program through training and coordi-
    26  nation, including the length of implementation and current status of the
    27  program;
    28    (C) recommendations for improvement in the  community  based  partner-
    29  ships that support crisis intervention team responses;
    30    (D)  recommendations for improvement in the law enforcement and public
    31  safety agencies that provide crisis intervention team responses; and
    32    (E) a review of all funding resources  that  the  crisis  intervention
    33  team  training program coordinator has applied for to increase available
    34  funding, including the status of all funding requests and the  total  of
    35  moneys received year to date.
    36    (d) The crisis intervention demonstration program shall end five years
    37  after its enactment date.
    38  § 7.51 Crisis intervention team training program advisory committee.
    39    (a)  There  is  hereby established a crisis intervention demonstration
    40  program advisory committee.
    41    (b) The committee shall consist of:
    42    (1) the commissioner, who shall serve as chairperson of the  committee
    43  and who is a nonvoting member;
    44    (2)  the crisis intervention team training program coordinator, who is
    45  a nonvoting member;
    46    (3) one member appointed by the commissioner  who  is  a  consumer  of
    47  mental health services;
    48    (4) one member appointed by the commissioner who is an immediate fami-
    49  ly member of a consumer of mental health services;
    50    (5)  one  member appointed by the commissioner who represents a state-
    51  wide advocacy agency that serves persons with  mental  disabilities  and
    52  their families;
    53    (6)  one member appointed by the commissioner who is a psychiatrist or
    54  psychologist licensed in the state;
    55    (7) one  member  appointed  by  the  commissioner  of  alcoholism  and
    56  substance abuse services;

        S. 372                              3
     1    (8)  one  member  appointed  by  the  commissioner  of  alcoholism and
     2  substance abuse services who represents a  statewide  behavior  advocacy
     3  group, agency or association;
     4    (9)  one member appointed by the commissioner of the office for people
     5  with developmental disabilities who is either a family member or guardi-
     6  an of a person with a developmental disability;
     7    (10) one member appointed by the commissioner of the office for people
     8  with developmental disabilities who is a  person  with  a  developmental
     9  disability;
    10    (11) one member recommended by the New York city peace officer benevo-
    11  lent association who is a certified peace officer;
    12    (12)  one  member  appointed  by  the commissioner of criminal justice
    13  services who is a law enforcement officer; and
    14    (13) one member appointed by the police department of the city of  New
    15  York who represents law enforcement.
    16    (c) The committee shall:
    17    (1)  meet at least two times in each full calendar year. The committee
    18  shall meet at the request of its chairperson; and
    19    (2) review the report required by section 7.49  of  this  article  and
    20  based  on that report make recommendations to the office, the office for
    21  people with developmental disabilities, the  office  of  alcoholism  and
    22  substance abuse services, the division of criminal justice services, the
    23  police  department  of the city of New York, the governor, the temporary
    24  president of the senate and the speaker of the assembly.
    25    (d) Committee members shall not be compensated but  are  eligible  for
    26  reimbursement of reasonable expenses.
    27  § 7.53 Crisis intervention team training fund grant program.
    28    (a)  The  commissioner  shall  establish  the crisis intervention team
    29  training fund grant program which shall include, but not be limited  to,
    30  providing financial support when necessary and as available for training
    31  and  community coordination costs for the implementation of the New York
    32  crisis intervention team training program to law enforcement agencies as
    33  requested.
    34    (b) Notwithstanding any law to the contrary, the fund shall consist of
    35  up to one million dollars from the state fiscal year two thousand  twen-
    36  ty--twenty-one appropriations.
    37    §  2. The state finance law is amended by adding a new section 98-d to
    38  read as follows:
    39    § 98-d. Crisis intervention team training fund.   1. There  is  hereby
    40  established in the joint custody of the comptroller and the commissioner
    41  of  mental  health  a  fund to be known as the "crisis intervention team
    42  training fund".
    43    2. The crisis intervention team training fund  shall  consist  of  all
    44  moneys  received  from  the  federal  government, private grants, gifts,
    45  contributions and devises.
    46    3. Any contractors that receive moneys pursuant to this section  shall
    47  submit  quarterly reports to the commissioner of mental health regarding
    48  the use and effectiveness of the distributed moneys. The commissioner of
    49  mental health shall include a summary of the fund analysis in the annual
    50  report required pursuant to section 7.49 of the mental hygiene law.
    51    § 3. The general municipal law is amended  by  adding  a  new  section
    52  204-g to read as follows:
    53    §  204-g.  Crisis  intervention teams. 1. The commissioner of criminal
    54  justice services, in  consultation  with  the  commissioners  of  mental
    55  health, the office for people with developmental disabilities, and alco-
    56  holism  and  substance abuse services, shall, for all local police offi-

        S. 372                              4
     1  cers in law enforcement units of a  city  having  a  population  of  one
     2  million or more and any other enforcement agency that chooses to partic-
     3  ipate:
     4    (a)  establish  criteria  for  the  development of crisis intervention
     5  teams; and
     6    (b) establish, and implement on an ongoing basis, a  training  program
     7  for  all current and new employees regarding the policies and procedures
     8  established pursuant to this section. The  curriculum  shall  include  a
     9  minimum of forty hours of mandatory training in mental health issues.
    10    2. The goals of the crisis intervention team program shall be to:
    11    (a) provide immediate response by specifically trained law enforcement
    12  officers;
    13    (b)  reduce  the  amount  of time police officers spend out of service
    14  awaiting assessment and disposition;
    15    (c) afford persons with mental illness and/or substance abuse problems
    16  a sense of dignity in crisis situations;
    17    (d) reduce the likelihood of physical confrontation;
    18    (e)  identify  underserved  populations  with  mental  illness  and/or
    19  substance abuse problems and refer them to appropriate care;
    20    (f)  decrease  the use of arrest and detention of persons experiencing
    21  mental health and/or substance abuse crises by providing  better  access
    22  to timely treatment;
    23    (g)  provide  therapeutic  locations or protocol for officers to bring
    24  individuals in crisis for assessment that is not a  law  enforcement  or
    25  jail facility; and
    26    (h)  decrease  injuries  to  law  enforcement  officers  during crisis
    27  events.
    28    3. Other state agencies shall provide cooperation  and  assistance  to
    29  the program to assist in the effective performance of its duties.
    30    §  4.  Section  19.07 of the mental hygiene law is amended by adding a
    31  new subdivision (m) to read as follows:
    32    (m) The office shall, in collaboration with law  enforcement  and  the
    33  office  of  mental  health,  establish  criteria  for the development of
    34  crisis intervention teams that shall include assessment  of  the  effec-
    35  tiveness of the plan for community involvement, training and therapeutic
    36  response  alternatives  and  a  determination of whether law enforcement
    37  officers have effective agreements with mental health care providers and
    38  all other community stakeholders.
    39    § 5. This act shall take effect immediately.
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