NY A02361

Establishes residential treatment facilities within the Office of Mental Health as an alternative to incarceration for persons with serious mental illness accused of felony-level crimes, operated by public or private non-profit organizations.

Requires voluntary and informed consent from participants, memorialized in a court agreement signed by the judge, defendant's counsel, and county prosecutor, with the defendant requesting nominal bail under Criminal Procedure Law section 510.10.

Mandates prosecution agencies agree that successful completion of treatment will result in no incarceration for the charged crimes or related offenses at sentencing.

Requires facilities to provide medication management, psychiatric and therapeutic treatment in a violence-free environment, co-occurring substance use disorder treatment, and life skills training for nutrition, exercise, and hygiene.

Directs the Commissioner of Mental Health to implement licensure rules and regulations within nine months of the law's effective date and seek federal Medicaid reimbursement within ninety days.