D.A. Bragg, Senator Hoylman-Sigal And Assemblymember Simone Announce “SUPPORT Act” To Mandate Mental Health Care After Hospital Discharge


January 16, 2025

The SUpport and Provide Psychiatric Outreach and Rehabilitative Treatment Act, or “SUPPORT Act,” Would Require Hospitals and Other Mental Health Facilities to Assign Care Management Team Before Defendant’s Release

Manhattan District Attorney Alvin L. Bragg, Jr., New York State Senator Brad Hoylman-Sigal, and New York State Assemblymember Tony Simone announced new legislation (S1744), the SUpport and Provide Psychiatric Outreach and Rehabilitative Treatment Act, or “SUPPORT Act,” to ensure a continuum of care to support the long-term stability of people living with serious mental illness who are returning to our communities from psychiatric hospitalization after being found unfit to stand trial.

Under New York State law, when an individual charged with a misdemeanor crime is found unfit to stand trial due to mental disease or defect, that case is automatically dismissed by operation of law. Currently, these individuals are released from hospitals and other facilities without comprehensive discharge planning and support, including immediate connections to temporary and supportive housing, and continuing psychiatric and other medical care. The SUPPORT Act mandates the assignment of a Critical Time Intervention (“CTI”) care management team to all individuals whose misdemeanor cases were dismissed by operation of law and who are subsequently discharged from a psychiatric facility for appropriate treatment services. It also requires that the hospital make a referral to the agency overseeing the Single Point of Access (“SPOA”) local to that person’s last place of residence.

Comprehensive mental health care and stabilization reduce both recidivism, and the likelihood that the individual will be the victim of a crime.

Manhattan District Attorney Alvin Bragg, Jr.: “Defying logic, our laws dictate that hundreds of people who are found unfit to stand trial by mental health professionals have their cases dismissed and are sent back to our communities without the necessary tools to access potentially life-saving treatment. This commonsense bill would mandate the assignment of a care management team to ensure these individuals are able to access robust services and are supported throughout, giving them a much better chance at lasting stability and decreasing the likelihood that they reoffend. By ensuring that everyone’s mental health needs are carefully considered when they are discharged from hospitalization, we can keep all of our communities safer. I thank Senator Hoylman-Sigal and Assemblymember Simone for their partnership on this critical public safety legislation.”

Senator Brad Hoylman-Sigal said: “There are simply too many individuals struggling with mental illness languishing on the streets and in the subways of New York City. If we are to seriously address this issue we must focus on getting those with severe mental illnesses the help they need. District Attorney Alvin Bragg and I have worked together to craft legislation (S.1744) with Assemblymember Simone to do this by ensuring that those with mental health issues who are deemed not fit to stand trial are connected with Critical Time Intervention teams and given a Single Point of Access referral, before they are discharged, so that they can continue to receive the resources they need, after leaving the criminal justice system. By mandating these resources as part of a patient’s discharge plan, we can increase the chances that those most affected by mental health issues can achieve the long-term stability they need.”

Assemblymember Tony Simone said: “Reform in the law has long been needed in how our criminal justice system deals with those with severe mental illness. Manhattan District Attorney Alvin Bragg has placed never before seen resources into the mental health crisis playing out on our streets. I am proud to introduce legislation that will support his efforts by assigning mandatory critical time intervention teams to anyone released from a misdemeanor charge.”

Richard Aborn, President of the Citizens Crime Commission, said: “Central to our understanding of how to prevent crime, and thus achieve higher levels of public safety, is to understand and address to the extent we can, those factors that are contributing to criminal behavior in an individual. Mental health issues, and especially serious mental health issues, are a major factor in too many acts of violence. This legislation wisely proposes providing the sustained care that a person with mental illness who has gone through the criminal justice system requires. Cut off the care and you increase the chance of renewed criminal behavior. This legislation is a smart way to prevent re-offending and improve public safety.”

Courtney Bryan, the Chief Executive Officer of the Center for Justice Innovation, said: “Too often, involvement in the justice system does far more harm than good to individuals with mental illness. This bill provides those individuals with critical support and resources, allowing them and the community to remain safe upon their release. Further, by providing a critical care management team, this bill makes it more likely that the mental health of these individuals will improve and they will avoid future involvement in the justice system, producing outcomes that are better for the individual, the justice system and the whole community,”

 

Dismissals Under CPL 730

In New York State, an individual’s ability to proceed to trial is regulated by Criminal Procedure Law 730. The Court may order an examination under this law to determine if defendants are “unfit” and as a result, are unable to understand the proceedings against them or assist in their own defense.

 

If an individual charged with a felony offense is found unfit to stand trial, that person is committed to a mental health facility where they engage in treatment until they are found fit to proceed and the prosecution continues.

 

If an individual charged with a misdemeanor or violation – including Assault in the 3rd Degree, Aggravated Harassment, Trespassing, Petit Larceny, among many others – is found unfit to stand trial, the case against them is automatically dismissed by operation of law.

In 2024, 224 misdemeanor cases were dismissed by operation of law in Manhattan alone after the defendants were found unfit to stand trial. In 2023, there were 274 misdemeanor dismissals in Manhattan due to findings of mental unfitness.

 

Ensuring a Continuum of Care

Once the case against an individual is dismissed by operation of law, that person may be released from the facility that conducted the 730 exam within three days. Frequently, there is no scaffolding surrounding that person upon release to ensure long-term stability, increasing the likelihood that that person will reoffend.

The SUPPORT Act will provide that necessary scaffolding for both the individual’s wellbeing and the safety of our communities by mandating the assignment of a CTI care management team for appropriate treatment services and a referral to SPOA.

Every county in New York State has established a SPOA process to connect referred individuals with the care management and services appropriate to support them. The treatment and programming accessible through SPOA include Non-Medicaid Care Coordination, Assertive Community Treatment, and Intensive Mobile Treatment. SPOA can also assist individuals with housing referrals.

The assignment of a CTI team increases the likelihood that individuals will participate with the services they are connected to through a SPOA referral. These teams build a trusting relationship with individuals and work to encourage follow-through with programming and treatment. Further, the CTI team continues to engage with the individual for an extended period of time, while working towards their ability to function independently.

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