Int. No. 1240
By Council Members Joseph and Louis
A Local Law to amend the administrative code of the city of New York, in relation to the establishment of a holistic needs assessment program
Be it enacted by the Council as follows:
Section 1. Chapter 3 of title 9 of the administrative code of the city of New York is amended by adding a new section 9-313 to read as follows:
§ 9-313 Holistic needs assessments. a. Definition. For the purpose of this section, the following term has the following meaning:
Covered person. The term “covered person” means a person who is in the custody of the department of correction following a supreme court arraignment,
b. By no later than six months after the effective date of this section, the office, in conjunction with the department of correction and correctional health services, shall establish a program to offer and, upon consent of the covered person, conduct holistic needs assessments to identify mental health, physical health, substance abuse, intellectual disabilities, domestic violence and abuse history, history of trauma, emotional dysregulation, and other psychosocial conditions or circumstances at the time of arrest.
c. The office shall provide, within 14 days of a covered person’s supreme court arraignment, the holistic needs assessment and all the material information collected during the holistic needs assessment to the covered person’s attorney so it may be provided to the court or the district attorney to inform charging, detention, release, or plea agreement decisions. The office shall not share any confidential information with any person or entity without the consent of the covered person’s attorney.
d. Confidentiality. The office shall establish confidentiality protocols for the holistic needs assessment program to ensure that all information collected to conduct the individualized review required by this section is collected, maintained, and disclosed only in accordance with applicable law and policies.
e. Report. Following establishment of the holistic needs assessment program, the office shall publish on its website and submit to the speaker of the council and the mayor a biannual report on January 1 and July 1 of each year. Such report shall include the following information, disaggregated by race, age, gender, and any relevant health designations, where such information is available to the office:
1. The number of covered persons who were offered a holistic needs assessment;
2. The number of covered persons for whom a holistic needs assessment was completed and provided to the covered person’s attorney in (a) zero to 14 days from the covered person’s supreme court arrangement, (b), more than 14 days from the covered person’s supreme court arraignment or (c) have a holistic needs assessment pending completion at the time of the report;
3. The number of covered persons identified in paragraph 2 subparagraph (a) of this subdivision who were released from incarceration, disaggregated by the disposition or status of such person’s case and the conditions of pretrial release, if any;
4. The number of covered persons identified in paragraph 2 subparagraph (b) of this subdivision who were released from incarceration, disaggregated by the disposition or status of such person’s case and the conditions of pretrial release, if any;
5. The average and median length of incarceration of covered persons identified in paragraph 2 subparagraph (a) of this subdivision with a comparison to the average and median length of incarceration for persons in custody with the same race, age, gender, or relevant health designations without a completed holistic needs assessment.
6. The average and median length of incarceration of covered persons identified in paragraph 2 subparagraph (b) of this subdivision with a comparison to the average and median length of incarceration for persons in custody with the same race, age, gender, or relevant health designations without a completed holistic needs assessment.
§ 2. This local law takes effect immediately.
JW
LS # 19302
3/31/25