New York 2025-2026 Regular Session

New York Assembly Bill A01327

Introduced
1/9/25  
Refer
1/9/25  

Caption

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.

Summary

Bill A01327 amends the criminal procedure law to allow for the release of individuals charged with a crime under non-monetary bail conditions specifically for the purpose of receiving mental health screening or being admitted to a hospital due to a mental illness that poses a risk of harm to themselves or others. The bill repeals a previous provision regarding the release for mental health assessment and evaluation and establishes new guidelines for courts to follow when dealing with defendants who may have mental health issues. It emphasizes the importance of mental health treatment and the need for appropriate assessments before determining the conditions of release.

Impact

The bill significantly impacts how individuals with mental health issues are treated within the criminal justice system in New York. By allowing for non-monetary bail conditions focused on mental health needs, it aims to reduce the number of individuals with mental illnesses being incarcerated while awaiting trial. The repeal of the previous subdivision also indicates a shift towards prioritizing mental health evaluations and treatment over punitive measures, potentially leading to broader reforms in how mental health is integrated into criminal proceedings.

Sentiment

The sentiment around Bill A01327 appears to be generally supportive among mental health advocates and some lawmakers who recognize the need for a more compassionate approach to individuals with mental health issues in the criminal justice system. However, there may be concerns from those who fear that this could lead to leniency for individuals charged with serious crimes, indicating a divide in opinions on the balance between public safety and mental health considerations.

Contention

Notable points of contention include the potential for misuse of the provisions allowing for release under non-monetary conditions, with critics arguing that it may enable individuals charged with serious offenses to evade accountability. Supporters counter that the bill is essential for addressing the mental health crisis and preventing unnecessary incarceration of individuals who require treatment. This divide highlights the ongoing debate about how best to integrate mental health considerations into the criminal justice system without compromising public safety.

Companion Bills

NY S03928

Same As 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.

Previously Filed As

NY A01699

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.

NY S03422

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.

NY S03928

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.

NY HB485

AN ACT relating to the care and treatment of individuals with mental illness.

NY SB435

Generally revise laws related to mentally ill individuals

NY A926

Requires Medicaid coverage for assisted living services for individuals with serious mental illnesses.

NY A10718

Enacts "India's law" under which an incarcerated individual's next of kin shall be notified and allowed visitation by a local correctional facility when such individual is experiencing a serious medical event or demonstrating behavior that is likely to result in serious harm to themselves or others.

NY S09126

Enacts "India's law" under which an incarcerated individual's next of kin shall be notified and allowed visitation by a local correctional facility when such individual is experiencing a serious medical event or demonstrating behavior that is likely to result in serious harm to themselves or others; and within twenty-four hours from such conditions, the acting medical director shall apply for the incarcerated individual's transfer to a medical facility.

NY SB149

Pathways for Individuals with Mental Health Disorder

NY HB1304

Individuals receiving services in a hospital, training center, etc.; right to send and receive mail.

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