New York S 5477: Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants and establishes the pretrial mental health and substance abuse services bail fund

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S05477 Summary:

BILL NOS05477 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSRFELDER, GOUNARDES, HARCKHAM, SKOUFIS

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MLTSPNSR

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Amd §§550.10 & 150.20, add §520.50, CP L; add §99-ss, St Fin L

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Relates to pretrial mental health and substance abuse evaluations and treatment for certain defendants; establishes the pretrial mental health and substance abuse services bail fund.

Go to top S05477 Actions:

BILL NOS05477 

&nbsp

02/21/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05477 Committee&nbspVotes:

Go to topS05477 Floor&nbspVotes:

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

Go to topS05477 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5477

 2025-2026 Regular Sessions

 IN SENATE

 February 21, 2025
 ___________

 Introduced by Sens. COMRIE, FELDER, GOUNARDES, HARCKHAM, SKOUFIS -- 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 pretrial
 mental health and substance abuse evaluations and treatment for
 certain defendants; and to amend the state finance law, in relation to
 establishing the pretrial mental health and substance abuse services
 bail fund

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

 1 Section 1. Section 550.10 of the criminal procedure law is amended by
 2 adding a new subdivision 4 to read as follows:
 3 4. On application of: (a) the prosecution; (b) defense counsel; (c) a
 4 family member of the principal; (d) any person eighteen years of age or
 5 older with whom the principal resides; (e) the director of a hospital in
 6 which the principal is hospitalized; (f) the director of any public or
 7 charitable organization, agency or home providing mental health services
 8 to the principal or in whose institution the principal resides; (g) a
 9 qualified psychiatrist who is either supervising the treatment of or
 10 treating the principal for a mental illness; (h) a psychologist,
 11 licensed pursuant to article one hundred fifty-three of the education
 12 law, or a social worker, licensed pursuant to article one hundred
 13 fifty-four of the education law, who is treating the principal for a
 14 mental illness; (i) the director of community services, or their desig-
 15 nee, or the social services official, as defined in the social services
 16 law, of the city or county in which the principal is present or reason-
 17 ably believed to be present; or (j) a parole officer or probation offi-
 18 cer assigned to supervise the principal; a principal charged with a
 19 crime not subject to bail shall be referred to the county in which the
 20 crime was committed for a mental health and/or substance abuse evalu-
 21 ation and if, after such evaluation, it is determined that the principal

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08646-01-5

 S. 5477 2

 1 requires treatment for such mental health diagnosis or substance abuse,
 2 the court may order that compliance with such treatment shall be a
 3 condition of release pending trial. Police shall make reasonable efforts
 4 to contact the individuals referenced in paragraphs (c), (d), (e), (f),
 5 (g), (h), (i) and (j) of this subdivision in situations when police have
 6 reason to believe that a principal is suffering from mental health or
 7 substance abuse issues as covered by this subdivision.
 8 § 2. The criminal procedure law is amended by adding a new section
 9 520.50 to read as follows:
 10 § 520.50 Bail surcharge; mental health and substance abuse.
 11 Every cash bail or bail bond authorized pursuant to subdivision one of
 12 section 520.10 of this article and imposed by the court pursuant to this
 13 part shall be subject to a surcharge in the amount of one percent. All
 14 monies collected from such surcharge shall be deposited in the pretrial
 15 mental health and substance abuse services bail fund established pursu-
 16 ant to section ninety-nine-ss of the state finance law to be used to
 17 reimburse counties for pretrial mental health and substance abuse evalu-
 18 ations and services required by subdivision four of sec