What's happening
This bill establishes residential treatment facilities as alternatives to incarceration for people with serious mental illness accused of felonies.
Why it matters
Expands alternatives to incarceration. by creating residential treatment facilities specifically for people with serious mental illness accused of felonies, aiming to address the root causes of criminal behavior rather than relying solely on jail or prison.
Requires voluntary and informed consent. from participants, including a formal agreement involving the individual, their legal counsel, the presiding judge, and the prosecutor—ensuring that participation is a true alternative and not coerced.
Guarantees access to comprehensive mental health and life skills services. , including medication management, therapy, substance use disorder treatment, and support for daily living—potentially improving rehabilitation outcomes and reducing recidivism.
Links successful program completion to criminal case outcomes. , allowing participants who finish treatment to avoid incarceration for the alleged crimes, which could reduce jail populations, lower public costs, and promote public health and safety.
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Who cares
People with serious mental illness accused of felonies
The bill would offer voluntary residential treatment instead of incarceration, with restrictions on leaving and protection against incarceration for covered charges after successful treatment completion.
Criminal court judges, defense attorneys and county prosecutors
They would participate in treatment agreements documenting informed consent, a voluntary request for nominal bail and the prosecution’s commitment not to seek incarceration for covered charges after successful completion.
Public and private nonprofit treatment providers
They could operate licensed facilities providing psychiatric care, medication management, substance use treatment and basic care and life skills training as needed.
Office of Mental Health and Office of Addiction Services and Supports
They would coordinate treatment for residents with co-occurring substance use disorders, while the mental health commissioner would oversee implementation and licensure and seek federal financial participation.
Headline styles
Create Mental Health Treatment Homes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
No co-sponsors yet.
History
- Print number 8336a
- Amend (t) and recommit to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Create Mental Health Treatment Homes
In Assembly Committee · Mental Health · Sponsor David Weprin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8336--A
IN SENATE
May 15, 2020
Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing residential treatment facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7.18 of the mental hygiene law, as added by chapter 7 of the laws of 2007, is amended to read as follows: § 7.18 Secure treatment facilities in the office.
(a) 1. There shall be in the office secure treatment facilities, as defined in subdivision (o) of section 10.03 of this title, as designated by the commissioner for the care and treatment of dangerous sex offenders requiring confinement, as described in article ten of this title.
[(b)] 2. Such secure treatment facilities may be created on the former grounds of hospitals operated by the office, but shall be considered separate and distinct facilities and shall not be considered or defined as hospitals.
(b) 1. There shall be in the office residential treatment facilities as an alternative to incarceration designated by the commissioner and licensed by the office of mental health for the care and treatment of persons with serious mental illness, as defined in subdivision fifty-two of section 1.03 of this chapter who are also accused of at least one felony level crime. Such facilities may be operated by a public or private non-profit organization as set forth in subdivision (d) of section 7.17 of this article.
2. Admission to such facility will require voluntary and informed consent of persons living with such serious mental illness to reside at said facility and to abide by all facility rules including, but not limited to, a voluntary agreement not to leave the facility without wearing a global positioning system device and accompanied by staff, unless otherwise authorized by the facility director. Such informed consent shall be memorialized in an agreement entered into by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16392-02-0
S. 8336--A 2
presiding judge in the criminal matter involving such felony level crime, the person living with such serious mental illness alleged to have committed such felony level crime who shall be represented by counsel, and the county prosecutor, and shall further require such person living with a serious mental illness to voluntarily and knowingly request the imposition of bail in a nominal amount, pursuant to subdivision five of section 510.10 of the criminal procedure law. To ensure that consent is informed and voluntary, such presiding judge shall appoint counsel if such person with a serious mental illness is not otherwise represented by counsel. Such agreement shall also include an agreement by the prosecuting agency that where such person successfully completes the period of treatment outlined in said agreement such person will not be subject to incarceration for the alleged crimes which were the subject of, or which were agreed to in the agreement or which may be thereafter substituted at the time of sentencing for any alleged crimes related to the alleged incidents which were the subject of said agreement.
3. Programs operated pursuant to this section shall provide the following as needed: medication management; effective psychiatric and therapeutic treatment in a safe, violence-free environment designed to stabilize the underlying serious mental illness; treatment of any co-occurring substance use disorder; and basic care and life skills training related to nutrition, exercise, hygiene and mental and physical health care maintenance.
4. Pursuant to subdivision (b) of section 7.15 of this article, the commissioner shall work cooperatively with the commissioner of the office of addiction services and supports to provide for the treatment of co-occurring substance use disorders of residents in semi-secure facilities licensed pursuant to this section.
5. On or within thirty days of the effective date of the chapter of the laws of two thousand twenty that amended this section, the commissioner shall take reasonably necessary actions to fully implement this section, including but not limited to, promulgating rules, regulations or guidelines regarding licensure by the office of mental health of residential alternative to incarceration facilities as set forth in paragraph one of this subdivision. If rules, regulations or guidelines are necessary for licensure, such licensure rules, regulations or guidelines shall be determined on or within nine months of the effective date of the chapter of the laws of two thousand twenty that amended this section.
6. On or within ninety days of the effective date of the chapter of the laws of two thousand twenty that amended this section, the commissioner shall seek federal financial participation in the Federal Medical Assistance Percentage program with regard to the administration and implementation of any program as provided for in paragraph three of this subdivision.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to establishing residential treatment facilities
Purpose or general idea of bill
This bill permits the creation of semi secure treatment facilities as an Alternative to Incarceration (ATI) in state and local correctional facilities.
Summary of specific provisions
Section 1 amends Mental Hygiene Law 7.18. Section 2 is the effective date.
Read the full memo (656 words)
Justification
Some people living with untreated serious mental illness commit crimes but are generally not excused from criminal liability unless they meet very strict state guidelines for legal incompetency. People with untreated serious mental illness who are caught up in the criminal justice system struggle inside of correctional facilities and have a higher rate of suicide than other incarcerated people. Correctional Officers also often struggle to manage this population. Correctional facilities are not oriented toward treatment, nor do they have the resources to provide round-the-clock mental health staff in many cases. People living with serious mental illness in a correctional setting also tend to cost more to incarcerate in part because their average length of stay in jails such as Rikers, is five times longer than people living without mental illness.
The Greenburger Center, a private non-profit organization, has developed an ATI diversion model for people living with serious mental illness facing felony criminal charges. With Community Board approval, the Center is prepared to implement the model, called Hope House on Crotona Park, in the Bronx. Hope House will aim to provide a two-year, volun- tary, semi-secure treatment program for people with serious mental illness who have pled guilty to one or more felonies and who could bene- fit from a rehabilitative treatment program.
According to the Greenburger Center, Hope House on Crotona Park is anticipated to open in late 2021, and will offer a long-term residential program (up to one-to-two years of stay)for 8 men and 8 women at one time who are 18 years and older. The facility will be operated as a transitional, congregate housing facility offering daily clinical services and daily and evening therapeutic services with residential and security staff on site 24 hours a day to provide continuous services and overnight coverage in a semi-secure, therapeutic environment. To reside at the facility, an individual would need to voluntarily and knowingly enter into a plea agreement to reside at the facility for up to two years and to request the imposition of a nominal bond amount pursuant to CPL 510.10(5).
Preference will be given to veterans when possible. Hope House will be open to anyone residing in one of New York City's five boroughs at the time of their arrest with four beds reserved for people residing in the Bronx at the time of arrest. People accused of a sex offense are not eligible for admission to the Hope House Crotona Park North location.
Currently, the Mental Hygiene Law does not provide for licensure of semi-secure residential treatment facilities. Upon enactment of this law, which provides for issuance of such residential treatment licenses by OMH the Greenburger Center and other providers could obtain a license to provide residential treatment for this population based on the Hope House model anywhere in the state.
The Greenburger Center has gathered wide-spread support and funding for this project and ATI model, but has one remaining obstacle. As mentioned, this bill authorizes OMH to develop a license for the opera- tion of a semi-secure residential Alternative to Incarceration (ATI) facility for people living with serious mental illness who are accused of a felony level crime.
Passage of the law would allow service providers to divert this high cost population from local and state criminal justice systems, where they are Medicaid ineligible and often receive inadequate treatment, into a Medicaid reimbursable treatment program.
Prior legislative history
New bill.
Fiscal implications
None, will save the state money.
Local fiscal implications
None.
Effective date
Immediately after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.