STATE OF NEW YORK ________________________________________________________________________ 4244 2025-2026 Regular Sessions IN ASSEMBLY January 31, 2025 ___________ 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 they are addicted to a controlled 19 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. LBD06287-01-5
A. 4244 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 their arraignment. If within seventy-two hours of the court's 24 receipt of the principal's request for such hearing, the principal is 25 not brought before a local criminal court, the principal shall be imme- 26 diately released from the sheriff's custody or confinement in a treat- 27 ment facility or mental health facility and served an appearance ticket. 28 The principal shall be entitled to introduce their controlled substance 29 evaluation including any recommendations made by a licensed physician 30 that such principal should not be held in custody of the sheriff or 31 confined at a treatment or mental health facility and that the principal 32 is not in substantial risk for substance abuse, or there is not a like- 33 lihood of serious harm to the principal upon their release from custody. 34 The court shall consider the principal's complete evaluation including 35 treatment recommendations, record of arrests, convictions and any record 36 of participation in any drug court and shall decide whether to imme- 37 diately release such principal from the custody of the sheriff or 38 confinement in a treatment facility or mental health facility, or to 39 remand the principal to the custody of the sheriff or confinement in a 40 treatment facility or mental health facility for the remainder of the 41 principal's fifteen day period of custody or confinement. 42 § 2. Subdivision 1 of section 530.20 of the criminal procedure law is 43 amended by adding three new paragraphs (c), (e) and (f) to read as 44 follows: 45 (c) Notwithstanding the provisions of paragraphs (a) and (b) of this 46 subdivision, the court may, in its discretion, commit the principal to 47 the custody of the sheriff for a period of no more than fifteen days, if 48 such principal has a substantial risk of continued substance abuse and 49 there is a likelihood of serious harm to such principal and there exists 50 no alternative less restrictive means available to confine or supervise 51 such principal in order to prevent the principal's substantial risk of 52 continued substance abuse upon release from custody. Alternative and 53 less restrictive means of confinement and supervision shall mean avail- 54 able immediate commitment of such principal in a state licensed 55 substance abuse treatment center, drug rehabilitation center or mental
A. 4244 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 they are addicted to a controlled 6 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 their arraignment. If within seventy-two hours of the court's 34 receipt of the principal's request for such hearing, the principal is 35 not brought before a local criminal court, the principal shall be imme- 36 diately released from the sheriff's custody or confinement in a treat- 37 ment facility or mental health facility and served an appearance ticket. 38 The principal shall be entitled to introduce their controlled substance 39 evaluation including any recommendations made by a licensed physician 40 that such principal should not be held in custody of the sheriff or 41 confined at a treatment or mental health facility and that the principal 42 is not in substantial risk for substance abuse, or there is not a like- 43 lihood of serious harm to the principal upon their release from custody. 44 The court shall consider the principal's complete evaluation including 45 treatment recommendations, record of arrests, convictions and any record 46 of participation in any drug court and shall decide whether to imme- 47 diately release such principal from the custody of the sheriff or 48 confinement in a treatment facility or mental health facility, or to 49 remand the principal to the custody of the sheriff or confinement in a 50 treatment facility or mental health facility for the remainder of the 51 principal's fifteen day period of custody or confinement. 52 § 3. Section 530.40 of the criminal procedure law is amended by adding 53 three new subdivisions 5-a, 5-b and 5-c to read as follows: 54 5-a. Notwithstanding the provisions of subdivisions three and four of 55 this section, the court may, in its discretion, commit the principal to 56 the custody of the sheriff for a period of no more than fifteen days, if
A. 4244 4 1 such principal has a substantial risk of continued substance abuse and 2 there is a likelihood of serious harm to such principal and there exists 3 no alternative less restrictive means available to confine or supervise 4 such principal in order to prevent the principal's substantial risk of 5 continued substance abuse upon release from custody. Alternative and 6 less restrictive means of confinement and supervision shall mean avail- 7 able immediate commitment of such principal in a state licensed 8 substance abuse treatment center, drug rehabilitation center or mental 9 health facility. In making its determination, the court may consider the 10 following factors, including but not limited to: 11 (a) knowledge of the principal's failed attempts to complete drug 12 court; 13 (b) admission by the principal that they are addicted to a controlled 14 substance; 15 (c) requests by the principal's immediate family members to hold the 16 principal in custody to prevent the likelihood of serious harm; 17 (d) a record of the principal's arrests for similar offenses related 18 to substance abuse; 19 (e) the arresting officer's testimony of the principal's intoxication 20 or of witnessing the principal's use of a controlled substance; and 21 (f) the principal's possession of a controlled substance or possession 22 of paraphernalia related thereto. 23 5-b. Upon the commitment of such principal to the custody of the sher- 24 iff, or an available, less restrictive means of confinement and super- 25 vision, the court shall order a duly licensed professional to monitor 26 such principal as needed to evaluate the principal's need for treatment 27 and/or medications, and to complete an evaluation for addiction to a 28 controlled substance. Treatment, including but not limited to medica- 29 tions, shall be provided to the principal without unnecessary delay, as 30 recommended by such licensed professional. The principal's complete 31 evaluation, including recommendations for the continued custody of such 32 principal, immediate release from custody, and any other proposals for 33 the care and treatment of such principal shall be provided to the court 34 without unnecessary delay and within no more than seventy-two hours from 35 the completion of such principal's evaluation. The principal, such 36 principal's counsel and the district attorney's office shall be provided 37 a copy of the principal's evaluation upon request to the court. 38 5-c. The principal shall be afforded the opportunity for a hearing to 39 request the principal's immediate release from the custody of the sher- 40 iff or confinement in a treatment facility or mental health facility, 41 prior to their arraignment. If within seventy-two hours of the court's 42 receipt of the principal's request for such hearing, the principal is 43 not brought before a local criminal court, the principal shall be imme- 44 diately released from the sheriff's custody or confinement in a treat- 45 ment facility or mental health facility and served an appearance ticket. 46 The principal shall be entitled to introduce their controlled substance 47 evaluation including any recommendations made by a licensed physician 48 that such principal should not be held in custody of the sheriff or 49 confined at a treatment or mental health facility and that the principal 50 is not in substantial risk for substance abuse, or there is not a like- 51 lihood of serious harm to the principal upon their release from custody. 52 The court shall consider the principal's complete evaluation including 53 treatment recommendations, record of arrests, convictions and any record 54 of participation in any drug court and shall decide whether to imme- 55 diately release such principal from the custody of the sheriff or 56 confinement in a treatment facility or mental health facility, or to
A. 4244 5 1 remand the principal to the custody of the sheriff or confinement in a 2 treatment facility or mental health facility for the remainder of the 3 principal's fifteen day period of custody or confinement. 4 § 4. The fourth undesignated paragraph of section 9.01 of the mental 5 hygiene law, as amended by chapter 723 of the laws of 1989, is amended 6 to read as follows: 7 "likelihood to result in serious harm" or "likely to result in serious 8 harm" means (a) a substantial risk of physical harm to the person as 9 manifested by threats of or attempts at suicide or serious bodily harm, 10 a drug overdose requiring the use of an opioid antagonist, or other 11 conduct demonstrating that the person is dangerous to [himself or 12 herself] themself, or (b) a substantial risk of physical harm to other 13 persons as manifested by homicidal or other violent behavior by which 14 others are placed in reasonable fear of serious physical harm. 15 § 5. Paragraph 1 of subdivision (a) of section 9.37 of the mental 16 hygiene law, such section as renumbered by chapter 978 of the laws of 17 1977, is amended to read as follows: 18 1. substantial risk of physical harm to [himself] themself as mani- 19 fested by threats of or attempts at suicide or serious bodily harm, a 20 drug overdose requiring the use of an opioid antagonist, or other 21 conduct demonstrating that [he is] they are dangerous to [himself] them- 22 self, or 23 § 6. Paragraph 1 of subdivision (a) of section 9.39 of the mental 24 hygiene law, as amended by chapter 789 of the laws of 1985, is amended 25 to read as follows: 26 1. substantial risk of physical harm to [himself] themself as mani- 27 fested by threats of or attempts at suicide or serious bodily harm, a 28 drug overdose requiring the use of an opioid antagonist, or other 29 conduct demonstrating that [he is] they are dangerous to [himself] them- 30 self, or 31 § 7. Section 9.41 of the mental hygiene law, as amended by chapter 843 32 of the laws of 1980, is amended to read as follows: 33 § 9.41 Emergency admissions for immediate observation, care, and treat- 34 ment; powers of certain peace officers and police officers. 35 Any peace officer, when acting pursuant to [his] their special duties, 36 or police officer who is a member of the state police or of an author- 37 ized police department or force or of a sheriff's department may take 38 into custody any person who appears to be mentally ill and is conducting 39 [himself] themself in a manner which is likely to result in serious harm 40 to [himself] themself or others. "Likelihood to result in serious harm" 41 shall mean (1) substantial risk of physical harm to [himself] themself 42 as manifested by threats of or attempts at suicide or serious bodily 43 harm, a drug overdose requiring the use of an opioid antagonist, or 44 other conduct demonstrating that [he is] they are dangerous to [himself] 45 themself, or (2) a substantial risk of physical harm to other persons as 46 manifested by homicidal or other violent behavior by which others are 47 placed in reasonable fear of serious physical harm. Such officer may 48 direct the removal of such person or remove [him] them to any hospital 49 specified in subdivision (a) of section 9.39 of this article or, pending 50 [his] their examination or admission to any such hospital, temporarily 51 detain any such person in another safe and comfortable place, in which 52 event, such officer shall immediately notify the director of community 53 services or, if there be none, the health officer of the city or county 54 of such action.
A. 4244 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] themself, 9 or (ii) a substantial risk of physical harm to other persons as mani- 10 fested by homicidal or other violent behavior by which others are placed 11 in 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.