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NY A10100
Bill
Status
5/3/2024
Primary Sponsor
Marianne Buttenschon
Click for details
AI Summary
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Office of Mental Health must develop a mental health evaluation form within six months to assess whether arrested individuals have proper mental capacity to make decisions regarding investigation or prosecution.
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Office of Mental Health must create evaluation parameters designating pass/fail results and an instruction manual for police officers to apply these parameters.
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Police officers must direct all arrested individuals (both with and without warrants) to complete the mental health evaluation form.
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If an arrested individual fails the mental health evaluation, their next of kin or a designated individual shall serve as their representative for all decision-making regarding investigation or prosecution.
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Sections requiring police to administer evaluations take effect one year after the bill becomes law; all other provisions take effect immediately.
Legislative Description
Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.
Last Action
referred to mental health
5/3/2024