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NY A01068
Bill
Status
1/8/2025
Primary Sponsor
Marianne Buttenschon
Click for details
AI Summary
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Requires the Office of Mental Health to develop a mental health evaluation form to assess whether arrested individuals have the mental capacity to make decisions regarding their investigation or prosecution
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Mandates the Office of Mental Health create parameters for passing or failing the evaluation and an instruction manual for police officers to apply these standards
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Requires distribution of the evaluation form and instruction manual to all police departments in the state within six months of the law's effective date
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Requires police officers to direct all arrested individuals (whether arrested with or without a warrant) to complete the mental health evaluation form
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If an individual fails the evaluation, their next of kin or designated person will serve as their representative for all decision-making regarding the investigation or prosecution
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
1/7/2026