New York S 3928: Relates to the releasing of individuals charged with a crime under non-monetary bail conditions in order to receive mental health screening or be admitted to a hospital as a result of a mental illness; repealer

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S03928 Summary:

BILL NOS03928 

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SAME ASSAME AS A01327

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SPONSORMYRIE

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COSPNSRCOMRIE

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MLTSPNSR

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Rpld §500.10 sub 3-c, amd §500.10, CP L

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Relates to releasing individuals charged with a crime under non-monetary bail conditions in order to receive mental health screening or be admitted to a hospital as a result of a mental illness which is likely to result in harm to such individual or others.

Go to top S03928 Actions:

BILL NOS03928 

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01/30/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS03928 Committee&nbspVotes:

Go to topS03928 Floor&nbspVotes:

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

Go to topS03928 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3928

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sens. MYRIE, COMRIE -- 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 releasing
 individuals charged with a crime under non-monetary bail conditions in
 order to receive mental health screening or be admitted to a hospital
 as a result of a mental illness which is likely to result in harm to
 such individual or others; and to repeal subdivision 3-c of section
 500.10 of the criminal procedure law relating to the release for
 mental health assessment and evaluation and involuntary commitment
 pending release

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3-c of section 500.10 of the criminal procedure
 2 law is REPEALED.
 3 § 2. Paragraph (f) of subdivision 3-a of section 500.10 of the crimi-
 4 nal procedure law, as amended by section 1 of subpart A of part VV of
 5 chapter 56 of the laws of 2023, is amended to read as follows:
 6 (f) that the principal be referred to a pretrial services agency for
 7 placement in mandatory programming, including:
 8 (i) counseling[,];
 9 (ii) treatment, including but not limited to [mental health and] chem-
 10 ical dependence treatment[, and];
 11 (iii) intimate partner violence intervention programs[.]; and
 12 (iv) mental health treatment. The court may expeditiously employ
 13 available resources for mental health screening including but not limit-
 14 ed to a mobile crisis response provider or similar entity in the court-
 15 house. With regard to mental health treatment:
 16 (1) Where applicable, the court may refer the principal to a crisis
 17 stabilization center or direct that the principal be removed to a hospi-
 18 tal pursuant to subdivisions (a) and (b) of section 9.43 of the mental
 19 hygiene law[;]. For purposes of this subparagraph, where the court

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02681-01-5

 S. 3928 2

 1 proceeds pursuant to subdivision (a) of section 9.43 of the mental
 2 hygiene law, the court is not required to and shall not make a determi-
 3 nation with respect to whether the crime has been committed or whether
 4 there is sufficient cause to believe the principal is guilty thereof.
 5 (2) If it appears to the court on the basis of evidence presented to
 6 it that the person has or may have a mental illness which is likely to
 7 result in serious harm to such person or others, the court may either
 8 (A) permit the person to present themself to any hospital specified in
 9 subdivision (a) of section 9.39 of the mental hygiene law or any compre-
 10 hensive psychiatric emergency program specified in subdivision (a) of
 11 section 9.40 of the mental hygiene law, for the person to make an appli-
 12 cation for admission to the hospital as a voluntary patient pursuant to
 13 section 9.13 of the mental hygiene law; or (B) issue a civil order
 14 directing their removal to any hospital specified in subdivision (a) of
 15 section 9.39 of the mental hygiene law or any comprehensive psychiatric
 16 emergency program specified in subdivision (a) of section 9.40 of the
 17 mental hygiene law, that is willing to receive such person for a deter-
 18 mination, by the director of such hospital or program, whether such
 19 person should be retained therein pursuant to section