Bill > S05477

This bill establishes a new framework for pretrial mental health and substance abuse evaluations and treatment for criminal defendants, creating a specialized bail fund to support these services. Under the new provisions, a wide range of individuals—including family members, mental health professionals, social workers, probation officers, and community service directors—can request a mental health and/or substance abuse evaluation for a defendant who is not typically eligible for bail. If the evaluation determines that the defendant requires treatment, the court may mandate treatment compliance as a condition of release pending trial. The bill also introduces a 1% surcharge on cash bail and bail bonds, with the collected funds deposited into a newly established "pretrial mental health and substance abuse services bail fund" to reimburse counties for evaluation and treatment expenses. Additionally, the bill modifies existing arrest procedures to require law enforcement to make reasonable efforts to contact relevant individuals when they believe a person is experiencing mental health or substance abuse issues, and expands the circumstances under which an arrest can be made or alternative interventions can be pursued. The goal of these changes appears to be providing more supportive, treatment-oriented approaches to handling defendants with mental health and substance abuse challenges within the criminal justice system.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5477