New York S 10383: Requires arrested individuals to be given a mental health evaluation form

Bill Text

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S10383 Summary:

BILL NOS10383 

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SAME ASNo Same As

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SPONSORGRIFFO

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COSPNSR

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MLTSPNSR

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Add §7.50, Ment Hyg L; amd §§120.90 & 140.20, CP L

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Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.

Go to top S10383 Actions:

BILL NOS10383 

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05/15/2026REFERRED TO MENTAL HEALTH

Go to topS10383 Committee&nbspVotes:

Go to topS10383 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10383 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10383

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. GRIFFO -- 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 and the criminal procedure law,
 in relation to requiring individuals to be given a mental health eval-
 uation form

 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 a new section
 2 7.50 to read as follows:
 3 § 7.50 Mental health evaluations pursuant to arrest.
 4 1. The office of mental health shall develop a mental health evalu-
 5 ation form for the purpose of evaluating whether an individual who has
 6 been arrested has proper mental capacity to make decisions regarding the
 7 investigation or prosecution of such individual. The office of mental
 8 health shall create parameters that shall designate whether an individ-
 9 ual who has completed such form has passed or failed such evaluation.
 10 The office of mental health shall create an instruction manual for the
 11 application of such parameters by police officers.
 12 2. The office of mental health shall distribute the mental health
 13 evaluation form and the instruction manual required to be created under
 14 subdivision one of this section to all police departments in the state.
 15 3. The office of mental health shall complete the requirements under
 16 subdivisions one and two of this section no later than six months after
 17 the effective date of this section.
 18 § 2. Section 120.90 of the criminal procedure law is amended by adding
 19 a new subdivision 9 to read as follows:
 20 9. Upon arresting a defendant for any offense pursuant to a warrant of
 21 arrest, a police officer shall direct such defendant to complete the
 22 mental health evaluation form created pursuant to section 7.49 of the
 23 mental hygiene law. If such defendant is deemed to fail such mental
 24 health evaluation, under parameters set by the office of mental health,
 25 such defendant's next of kin, or individual as designated by such
 26 person, shall act as such defendant's representative for all decision-
 27 making regarding the investigation or prosecution of such defendant.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03035-02-6

 S. 10383 2

 1 § 3. Section 140.20 of the criminal procedure law is amended by adding
 2 a new subdivision 9 to read as follows:
 3 9. Upon arresting a person for any offense without a warrant, a police
 4 officer shall direct such person to complete the mental health evalu-
 5 ation form created pursuant to section 7.49 of the mental hygiene law.
 6 If such person is deemed to fail such mental health evaluation, under
 7 parameters set by the office of mental health, such person's next of
 8 kin, or individual as designated by such person, shall act as such
 9 person's representative for all decision-making regarding the investi-
 10 gation or prosecution of such person.
 11 § 4. This act shall take effect immediately; provided, however, that
 12 sections two and three of this act shall take effect one year after it
 13 shall have become a law.

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