What's happening
This bill requires police to administer a mental health evaluation form to all arrestees, appointing a representative if the person fails.
Why it matters
Mandates a standardized tool for assessing mental capacity at the point of arrest. , ensuring that police systematically evaluate whether arrestees can understand and participate in their own legal process. This could help identify vulnerable individuals who may otherwise go unrecognized.
Places responsibility on law enforcement to use mental health criteria developed by the Office of Mental Health. , potentially increasing police accountability and consistency in how mental health issues are handled during and after arrest.
Automatically appoints a representative (next of kin or designee) for those who fail the evaluation. , shifting key investigative and prosecutorial decisions away from individuals deemed mentally unfit—raising important questions about autonomy, due process, and the rights of the accused.
May significantly affect both the workload of police and the legal process. , as it introduces an additional procedural step for every arrest and could increase the number of people judged incapable of self-representation, impacting courts, families, and access to justice.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Mental Health Forms for Arrestees
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health
- Referred to mental health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1068
2025-2026 Regular Sessions
IN ASSEMBLY
January 8, 2025
Introduced by M. of A. BUTTENSCHON -- read once and referred 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 evaluation form
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The mental hygiene law is amended by adding a new section 7.49 to read as follows: § 7.49 Mental health evaluations pursuant to arrest.
1. The office of mental health shall develop a mental health evaluation form for the purpose of evaluating whether an individual who has been arrested has proper mental capacity to make decisions regarding the investigation or prosecution of such individual. The office of mental health shall create parameters that shall designate whether an individual who has completed such form has passed or failed such evaluation. The office of mental health shall create an instruction manual for the application of such parameters by police officers.
2. The office of mental health shall distribute the mental health evaluation form and the instruction manual required to be created under subdivision one of this section to all police departments in the state.
3. The office of mental health shall complete the requirements under subdivisions one and two of this section no later than six months after the effective date of this section.
§ 2. Section 120.90 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows:
9. Upon arresting a defendant for any offense pursuant to a warrant of arrest, a police officer shall direct such defendant to complete the mental health evaluation form created pursuant to section 7.49 of the mental hygiene law. If such defendant is deemed to fail such mental health evaluation, under parameters set by the office of mental health,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03035-01-5
such defendant's next of kin, or individual as designated by such person, shall act as such defendant's representative for all decisionmaking regarding the investigation or prosecution of such defendant.
§ 3. Section 140.20 of the criminal procedure law is amended by adding a new subdivision 9 to read as follows:
9. Upon arresting a person for any offense without a warrant, a police officer shall direct such person to complete the mental health evaluation form created pursuant to section 7.49 of the mental hygiene law. If such person is deemed to fail such mental health evaluation, under parameters set by the office of mental health, such person's next of kin, or individual as designated by such person, shall act as such person's representative for all decision-making regarding the investigation or prosecution of such person.
§ 4. This act shall take effect immediately; provided, however, that sections two and three of this act shall take effect one year after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.