The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4722

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 10, 2015
                               ___________

Introduced by Sens. YOUNG, ADDABBO, AVELLA, BONACIC, BOYLE, DeFRANCISCO,
  FARLEY,  GALLIVAN,  GOLDEN,  GRIFFO,  HASSELL-THOMPSON, LANZA, LARKIN,
  LIBOUS, LITTLE, MARCELLINO, MARCHIONE, MARTINS, NOZZOLIO, RANZENHOFER,
  RITCHIE, ROBACH, SEWARD, STAVISKY, VALESKY -- read twice  and  ordered
  printed,  and  when printed to be committed to the Committee on Mental
  Health and Developmental Disabilities

AN ACT to amend the mental  hygiene  law  and  the  correction  law,  in
  relation  to  enhancing the assisted outpatient treatment program; and
  to amend Kendra's Law, in relation to making  the  provisions  thereof
  permanent

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 2 of subdivision  (f)  of  section  7.17  of  the
mental  hygiene  law,  as amended by chapter 158 of the laws of 2005, is
amended to read as follows:
  (2) The oversight and monitoring role of the  program  coordinator  of
the  assisted  outpatient  treatment  program  shall include each of the
following:
  (i) that each assisted outpatient receives the treatment provided  for
in  the  court  order  issued pursuant to section 9.60 of this [chapter]
TITLE;
  (ii) that existing  services  located  in  the  assisted  outpatient's
community are utilized whenever practicable;
  (iii)  that  a  case  manager or assertive community treatment team is
designated for each assisted outpatient;
  (iv) that a mechanism exists  for  such  case  manager,  or  assertive
community  treatment team, to regularly report the assisted outpatient's
compliance, or lack of compliance with treatment, to the director of the
assisted outpatient treatment program;
  (v) that directors of community services establish procedures  [which]
THAT  provide  that  reports  of  persons who may be in need of assisted

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01609-04-5

S. 4722                             2

outpatient treatment are appropriately investigated in a timely  manner;
[and]
  (vi)  that  assisted  outpatient treatment services are delivered in a
timely manner[.];
  (VII) THAT, PRIOR TO THE EXPIRATION OF ASSISTED  OUTPATIENT  TREATMENT
ORDERS,  THE  CLINICAL  NEEDS  OF  ASSISTED  OUTPATIENTS  ARE ADEQUATELY
REVIEWED IN DETERMINING THE NEED  TO  PETITION  FOR  CONTINUED  ASSISTED
OUTPATIENT TREATMENT PURSUANT TO SUBDIVISION (M) OF SECTION 9.60 OF THIS
TITLE;
  (VIII)  THAT  THE APPROPRIATE DIRECTOR IS DETERMINED FOR EACH ASSISTED
OUTPATIENT, PURSUANT TO SUBDIVISIONS (K) AND (L) OF SECTION 9.60 OF THIS
TITLE; AND
  (IX) THAT THE OFFICE FULFILLS ITS DUTIES PURSUANT TO  SUBDIVISION  (T)
OF SECTION 9.60 OF THIS TITLE TO MEET LOCAL NEEDS FOR TRAINING OF JUDGES
AND COURT PERSONNEL.
  S  2.  Subdivision  (f)  of  section 7.17 of the mental hygiene law is
amended by adding a new paragraph 5 to read as follows:
  (5) THE COMMISSIONER SHALL DEVELOP  AN  EDUCATIONAL  PAMPHLET  ON  THE
PROCESS  OF  PETITIONING  FOR  ASSISTED OUTPATIENT TREATMENT FOR DISSEM-
INATION TO INDIVIDUALS SEEKING TO SUBMIT REPORTS OF PERSONS WHO  MAY  BE
IN  NEED  OF  ASSISTED  OUTPATIENT TREATMENT, AND INDIVIDUALS SEEKING TO
FILE A PETITION PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH ONE OF
SUBDIVISION (F) OF SECTION 9.60 OF THIS TITLE. SUCH PAMPHLET  SHALL  SET
FORTH,  IN  PLAIN  LANGUAGE: THE CRITERIA FOR ASSISTED OUTPATIENT TREAT-
MENT, RESOURCES AVAILABLE TO SUCH INDIVIDUALS, THE  RESPONSIBILITIES  OF
PROGRAM  COORDINATORS  AND DIRECTORS OF COMMUNITY SERVICES, A SUMMARY OF
CURRENT LAW, THE PROCESS FOR PETITIONING FOR CONTINUED  ASSISTED  OUTPA-
TIENT  TREATMENT, AND OTHER SUCH INFORMATION THE COMMISSIONER DETERMINES
TO BE PERTINENT.
  S 3.  Subdivision (b) of section 9.47 of the mental  hygiene  law,  as
amended  by chapter 158 of the laws of 2005, paragraphs 5 and 6 as added
and paragraph 7 as renumbered by chapter 1  of  the  laws  of  2013,  is
amended to read as follows:
  (b) All directors of community services shall be responsible for:
  (1) receiving reports of persons who may be in need of assisted outpa-
tient treatment PURSUANT TO SECTION 9.60 OF THIS ARTICLE and documenting
the receipt date of such reports;
  (2) conducting timely investigations of such reports RECEIVED PURSUANT
TO  PARAGRAPH  ONE OF THIS SUBDIVISION and providing written notice upon
the completion of investigations to reporting persons and program  coor-
dinators,  appointed  by the commissioner [of mental health] pursuant to
subdivision (f) of section 7.17  of  this  title,  and  documenting  the
initiation  and completion dates of such investigations and the disposi-
tions;
  (3) filing of petitions for assisted outpatient treatment pursuant  to
[paragraph] SUBPARAGRAPH (vii) of PARAGRAPH ONE OF subdivision [(e)] (F)
of  section  9.60  of  this article, and documenting the petition filing
[date] DATES and the [date] DATES of the court [order] ORDERS;
  (4) coordinating the timely delivery of court  ordered  services  with
program coordinators and documenting the date assisted outpatients begin
to receive the services mandated in the court order; [and]
  (5)  ensuring  evaluation  of the need for ongoing assisted outpatient
treatment pursuant to subdivision [(k)] (M)  of  section  9.60  of  this
article  prior  to  the  expiration of any assisted outpatient treatment
order;

S. 4722                             3

  (6) if he or she has been  ordered  to  provide  for  or  arrange  for
assisted  outpatient treatment pursuant to paragraph five of subdivision
[(j)] (K) of section 9.60 of this  article  or  became  the  appropriate
director  pursuant  to this paragraph or subdivision (c) of section 9.48
of this article, notifying the director of community services of the new
county  of  residence  when  he  or  she  has  reason to believe that an
assisted outpatient has or will change his or her  county  of  residence
during the pendency of an assisted outpatient treatment order. Upon such
change  of  residence, the director of the new county of residence shall
become the appropriate director, as such term is defined in section 9.60
of this article; [and]
  (7) NOTIFYING PROGRAM COORDINATORS WHEN ASSISTED OUTPATIENTS CANNOT BE
LOCATED AFTER REASONABLE EFFORTS OR ARE BELIEVED TO HAVE TAKEN RESIDENCE
OUTSIDE OF THE LOCAL GOVERNMENTAL UNIT SERVED; AND
  (8) reporting on a quarterly basis to program coordinators the  infor-
mation collected pursuant to this subdivision.
  S 4.  Paragraphs (viii) and (ix) of subdivision (b) of section 9.48 of
the  mental hygiene law are renumbered paragraphs (ix) and (x) and a new
paragraph (viii) is added to read as follows:
  (VIII) AN ACCOUNT OF ANY COURT ORDER  EXPIRATION,  INCLUDING  BUT  NOT
LIMITED  TO  THE  DIRECTOR'S DETERMINATION AS TO WHETHER TO PETITION FOR
CONTINUED ASSISTED OUTPATIENT TREATMENT, PURSUANT  TO  SECTION  9.60  OF
THIS  ARTICLE,  THE BASIS FOR SUCH DETERMINATION, AND THE DISPOSITION OF
ANY SUCH PETITION;
  S 5. Section 9.60 of the mental hygiene law, as amended by chapter 158
of the laws of 2005, paragraph  1  of  subdivision  (a)  as  amended  by
section  1  of part E of chapter 111 of the laws of 2010, paragraph 3 of
subdivision (a), paragraphs 2 and 5 of subdivision (j), and subdivisions
(k) and (n) as amended by chapter 1 of the laws of 2013, paragraph 5  of
subdivision  (c)  as  amended  by  chapter  137  of the laws of 2005, is
amended to read as follows:
S 9.60 Assisted outpatient treatment.
  (a) Definitions. For purposes of this  section,  the  following  defi-
nitions shall apply:
  (1)  "assisted  outpatient  treatment" shall mean categories of outpa-
tient services [which] THAT have been ordered by the court  pursuant  to
this  section.  Such treatment shall include case management services or
assertive community treatment team  services  to  provide  care  coordi-
nation,  and  may  also  include  any  of  the  following  categories of
services: medication SUPPORT; MEDICATION EDUCATION OR SYMPTOM MANAGEMENT
EDUCATION; periodic blood tests or urinalysis  to  determine  compliance
with prescribed medications; individual or group therapy; day or partial
day  programming  activities;  educational  and  vocational  training or
activities; APPOINTMENT OF A REPRESENTATIVE  PAYEE  OR  OTHER  FINANCIAL
MANAGEMENT  SERVICES,  SUBJECT  TO FINAL APPROVAL OF THE SOCIAL SECURITY
ADMINISTRATION, WHERE APPLICABLE; alcohol or substance  abuse  treatment
and  counseling and periodic OR RANDOM tests for the presence of alcohol
or illegal drugs for persons with a  history  of  alcohol  or  substance
abuse; supervision of living arrangements; and any other services within
a  local  services  plan developed pursuant to article forty-one of this
chapter, CLINICAL OR NON-CLINICAL,  prescribed  to  treat  the  person's
mental illness and to assist the person in living and functioning in the
community,  or to attempt to prevent a relapse or deterioration that may
reasonably be predicted to result in [suicide] SERIOUS PHYSICAL HARM  TO
ANY PERSON or the need for hospitalization.

S. 4722                             4

  (2)  "director"  shall  mean  the  director of community services of a
local governmental unit, or the director of a hospital licensed or oper-
ated by the office of mental health which operates, directs  and  super-
vises an assisted outpatient treatment program.
  (3)  "director  of  community  services" and "local governmental unit"
shall have the same meanings as provided in article  forty-one  of  this
chapter. The "appropriate director" shall mean the director of community
services of the county where the assisted outpatient resides, even if it
is  a  different  county  than  the county where the assisted outpatient
treatment order was originally issued.
  (4) "assisted outpatient treatment program" shall  mean  a  system  to
arrange  for  and coordinate the provision of assisted outpatient treat-
ment, to monitor treatment compliance by assisted outpatients, to evalu-
ate the condition or needs of assisted outpatients, to take  appropriate
steps to address the needs of such individuals, and to ensure compliance
with court orders.
  (5) "assisted outpatient" shall mean the person under a court order to
receive assisted outpatient treatment.
  (6)  "subject  of the petition" or "subject" shall mean the person who
is alleged in a petition, filed  pursuant  to  the  provisions  of  this
section, to meet the criteria for assisted outpatient treatment.
  (7)  "correctional  facility"  and "local correctional facility" shall
have the same meanings as provided in section two of the correction law.
  (8) "health care proxy" and "health care agent" shall  have  the  same
meanings as provided in article twenty-nine-C of the public health law.
  (9)  "program  coordinator"  shall mean an individual appointed by the
commissioner [of mental health], pursuant to subdivision (f) of  section
7.17  of this chapter, who is responsible for the oversight and monitor-
ing of assisted outpatient treatment programs.
  (b) Programs. The director of community services of each local govern-
mental unit shall operate, direct and supervise an  assisted  outpatient
treatment  program.  The  director of a hospital licensed or operated by
the office [of mental health]  may  operate,  direct  and  supervise  an
assisted  outpatient treatment program, upon approval by the commission-
er. Directors of community services shall be permitted  to  satisfy  the
provisions  of  this subdivision through the operation of joint assisted
outpatient treatment programs. Nothing  in  this  subdivision  shall  be
interpreted  to  preclude  the  combination  or  coordination of efforts
between and among local governmental units and  hospitals  in  providing
and coordinating assisted outpatient treatment.
  (c)  Criteria.  A person may be ordered to receive assisted outpatient
treatment if the court finds that such person:
  (1) is eighteen years of age or older; and
  (2) is suffering from a mental illness; and
  (3) is unlikely to survive safely  in  the  community  without  super-
vision, based on a clinical determination; and
  (4)  has  a  history  of  lack of compliance with treatment for mental
illness that has:
  (i) [prior to the filing of the petition,] at least twice  within  the
[last]  thirty-six  months  PRIOR  TO  THE FILING OF THE PETITION been a
significant factor in necessitating hospitalization in  a  hospital,  or
receipt  of  services  in  a  forensic  or other mental health unit of a
correctional facility or a local correctional facility[, not including];
PROVIDED THAT SUCH THIRTY-SIX MONTH PERIOD  SHALL  BE  EXTENDED  BY  THE
LENGTH  OF  any current period[, or period ending] OF HOSPITALIZATION OR
INCARCERATION, AND ANY SUCH  PERIOD  THAT  ENDED  within  the  last  six

S. 4722                             5

months[,  during  which the person was or is hospitalized or incarcerat-
ed]; or
  (ii)  WITHIN  FORTY-EIGHT  MONTHS prior to the filing of the petition,
resulted in one or more acts of serious violent behavior toward self  or
others  or  threats of, or attempts at, serious physical harm to self or
others [within the last forty-eight  months,  not  including];  PROVIDED
THAT  SUCH  FORTY-EIGHT  MONTH PERIOD SHALL BE EXTENDED BY THE LENGTH OF
any current period[, or period ending] OF HOSPITALIZATION OR  INCARCERA-
TION,  AND  ANY  SUCH  PERIOD THAT ENDED within the last six months[, in
which the person was or is hospitalized or incarcerated]; and
  (5) is, as a result of his or her mental illness, unlikely  to  volun-
tarily  participate in outpatient treatment that would enable him or her
to live safely in the community; and
  (6) in view of his or her treatment history and current  behavior,  is
in  need  of assisted outpatient treatment in order to prevent a relapse
or deterioration which would be likely to result in serious harm to  the
person or others as defined in section 9.01 of this article; and
  (7) is likely to benefit from assisted outpatient treatment.
  (d) Health care proxy. Nothing in this section shall preclude a person
with  a  health  care proxy from being subject to a petition pursuant to
this chapter and consistent with article  twenty-nine-C  of  the  public
health law.
  (e)  INVESTIGATION OF REPORTS. THE COMMISSIONER SHALL PROMULGATE REGU-
LATIONS ESTABLISHING A PROCEDURE TO ENSURE THAT REPORTS OF A PERSON  WHO
MAY  BE  IN  NEED  OF  ASSISTED  OUTPATIENT  TREATMENT,  INCLUDING THOSE
RECEIVED FROM FAMILY AND COMMUNITY MEMBERS OF SUCH PERSON, ARE  INVESTI-
GATED IN A TIMELY MANNER AND, WHERE APPROPRIATE, RESULT IN THE FILING OF
PETITIONS FOR ASSISTED OUTPATIENT TREATMENT.
  (F)  Petition  to  the  court. (1) A petition for an order authorizing
assisted outpatient treatment may be filed  in  the  supreme  or  county
court  in  the county in which the subject of the petition is present or
reasonably believed to  be  present.    WHEN  A  DIRECTOR  OF  COMMUNITY
SERVICES  HAS  REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS CHANGED
HIS OR HER COUNTY OF RESIDENCE, FUTURE PETITIONS AND APPLICATIONS  UNDER
THIS  SECTION  MAY  BE  FILED  IN THE SUPREME OR COUNTY COURT IN THE NEW
COUNTY OF RESIDENCE, WHICH SHALL HAVE CONCURRENT JURISDICTION  WITH  THE
COURT THAT INITIALLY ORDERED SUCH TREATMENT. Such petition may be initi-
ated only by the following persons:
  (i) any person eighteen years of age or older with whom the subject of
the petition resides; or
  (ii)  the  parent,  spouse, sibling eighteen years of age or older, or
child eighteen years of age or older of the subject of the petition; or
  (iii) the director of a hospital in which the subject of the  petition
is  hospitalized,  OR  PURSUANT  TO  SECTION  FOUR  HUNDRED  FOUR OF THE
CORRECTION LAW; or
  (iv) the director of any public or charitable organization, agency  or
home  providing mental health services to the subject of the petition or
in whose institution the subject of the petition resides; or
  (v) a qualified psychiatrist who is either supervising  the  treatment
of or treating the subject of the petition for a mental illness; or
  (vi)  a  psychologist, licensed pursuant to article one hundred fifty-
three of the education law, or a social  worker,  licensed  pursuant  to
article one hundred fifty-four of the education law, who is treating the
subject of the petition for a mental illness; or
  (vii)  the  director of community services, or his or her designee, or
the social services official, as defined in the social services law,  of

S. 4722                             6

the  city  or  county in which the subject of the petition is present or
reasonably believed to be present; or
  (viii) a parole officer or probation officer assigned to supervise the
subject of the petition[.]; OR
  (IX)  THE  DIRECTOR OF THE HOSPITAL OR THE SUPERINTENDENT OF A CORREC-
TIONAL FACILITY IN WHICH THE SUBJECT  OF  THE  PETITION  IS  IMPRISONED,
PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE CORRECTION LAW.
  (2)  THE  COMMISSIONER  SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH
PERSONS INITIATING A PETITION, PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH ONE OF THIS SUBDIVISION, MAY RECEIVE ASSISTANCE IN FILING SUCH
PETITIONS, WHERE APPROPRIATE, AS DETERMINED PURSUANT TO SUBDIVISION  (E)
OF THIS SECTION.
  (3) The petition shall state:
  (i)  each  of  the  criteria  for assisted outpatient treatment as set
forth in subdivision (c) of this section;
  (ii) facts which support the petitioner's belief that the  subject  of
the  petition  meets  each  criterion,  provided that the hearing on the
petition need not be limited to the stated facts; and
  (iii) that the subject of the petition is present,  or  is  reasonably
believed to be present, within the county where such petition is filed.
  [(3)] (4) The petition shall be accompanied by an affirmation or affi-
davit of a physician, who shall not be the petitioner, stating THAT SUCH
PHYSICIAN  IS WILLING AND ABLE TO TESTIFY AT THE HEARING ON THE PETITION
AND THAT either [that]:
  (i) such physician has personally examined the subject of the petition
no more than ten days prior to the submission  of  the  petition[,]  AND
recommends  assisted  outpatient  treatment for the subject of the peti-
tion[, and is willing and able to testify at the hearing  on  the  peti-
tion]; or
  (ii)  no  more than ten days prior to the filing of the petition, such
physician or his or her designee has made appropriate attempts  but  has
not  been  successful in eliciting the cooperation of the subject of the
petition to submit to an  examination,  such  physician  has  reason  to
suspect that the subject of the petition meets the criteria for assisted
outpatient  treatment, and such physician is willing and able to examine
the subject of the petition [and testify at the hearing on the petition]
PRIOR TO PROVIDING TESTIMONY.
  [(4)] (5) In counties with a  population  of  less  than  seventy-five
thousand,  the  affirmation  or  affidavit required by paragraph [three]
FOUR of this subdivision may be made by a physician who is  an  employee
of the office.  The office is authorized AND DIRECTED to make available,
at  no  cost  to  the  county,  a qualified physician for the purpose of
making such affirmation or affidavit consistent with the  provisions  of
such paragraph.
  [(f)]  (G)  Service.  The petitioner shall cause written notice of the
petition to be given to the subject of the petition and a  copy  thereof
to  be given personally or by mail to the persons listed in section 9.29
of this article, the mental hygiene legal service, the health care agent
if any such agent is known to the petitioner,  the  appropriate  program
coordinator, and the appropriate director of community services, if such
director is not the petitioner.
  [(g)] (H) Right to counsel. The subject of the petition shall have the
right to be represented by the mental hygiene legal service, or private-
ly  financed counsel, at all stages of a proceeding commenced under this
section.

S. 4722                             7

  [(h)] (I) Hearing. (1) Upon receipt of the petition, the  court  shall
fix  the date for a hearing. Such date shall be no later than three days
from the date such petition is received by the court,  excluding  Satur-
days,  Sundays  and  holidays.  Adjournments shall be permitted only for
good cause shown. In granting adjournments, the court shall consider the
need  for  further  examination  by a physician or the potential need to
provide assisted outpatient treatment  expeditiously.  The  court  shall
cause  the  subject  of  the petition, any other person receiving notice
pursuant to subdivision [(f)] (G) of this section, the  petitioner,  the
physician  whose  affirmation or affidavit accompanied the petition, and
such other persons as the court may determine  to  be  advised  of  such
date.  Upon  such  date, or upon such other date to which the proceeding
may be adjourned, the court shall hear testimony and, if  it  be  deemed
advisable  and  the  subject  of  the petition is available, examine the
subject of the petition in or out of court. If the subject of the  peti-
tion  does not appear at the hearing, and appropriate attempts to elicit
the attendance of the subject have failed, the  court  may  conduct  the
hearing  in  the  subject's  absence.  In such case, the court shall set
forth the factual basis for conducting the hearing without the  presence
of the subject of the petition.
  (2)  The court shall not order assisted outpatient treatment unless an
examining physician, who recommends assisted  outpatient  treatment  and
has  personally  examined  the  subject of the petition no more than ten
days before the filing of the petition, testifies in person at the hear-
ing. Such physician shall state the facts  and  clinical  determinations
which support the allegation that the subject of the petition meets each
of  the  criteria  for  assisted outpatient treatment; PROVIDED THAT THE
PARTIES MAY STIPULATE, UPON MUTUAL CONSENT, THAT SUCH PHYSICIAN NEED NOT
TESTIFY.
  (3) If the subject of the petition has refused to  be  examined  by  a
physician,  the  court may request the subject to consent to an examina-
tion by a physician appointed by the court. If the subject of the  peti-
tion  does  not  consent and the court finds reasonable cause to believe
that the allegations in the petition are true, the court may order peace
officers, acting pursuant to their special duties,  or  police  officers
who  are  members  of  an authorized police department or force, or of a
sheriff's department to take the subject of the  petition  into  custody
and  transport  him or her to a hospital for examination by a physician.
Retention of the subject of the petition  under  such  order  shall  not
exceed twenty-four hours. The examination of the subject of the petition
may  be performed by the physician whose affirmation or affidavit accom-
panied the petition pursuant to paragraph three of subdivision [(e)] (F)
of this section, if such physician is privileged  by  such  hospital  or
otherwise  authorized  by such hospital to do so. If such examination is
performed by another physician, the examining physician may consult with
the physician whose affirmation or affidavit accompanied the petition as
to whether the subject meets the criteria for assisted outpatient treat-
ment.
  (4) A physician who testifies pursuant to paragraph two of this subdi-
vision shall state: (i) the facts [which]  AND  CLINICAL  DETERMINATIONS
THAT  support the allegation that the subject meets each of the criteria
for assisted outpatient treatment, (ii) that the treatment is the  least
restrictive  alternative,  (iii)  the  recommended  assisted  outpatient
treatment, and (iv) the rationale for the  recommended  assisted  outpa-
tient  treatment.  If  the  recommended  assisted  outpatient  treatment
includes medication, such physician's testimony shall describe the types

S. 4722                             8

or classes of medication which should be authorized, shall describe  the
beneficial  and  detrimental physical and mental effects of such medica-
tion, and shall recommend whether such medication should be  self-admin-
istered or administered by authorized personnel.
  (5)  The  subject  of the petition shall be afforded an opportunity to
present evidence, to call witnesses on his or her behalf, and to  cross-
examine adverse witnesses.
  [(i)]  (J)  Written  treatment  plan.  (1)  The  court shall not order
assisted outpatient treatment unless a physician appointed by the appro-
priate director,  in  consultation  with  such  director,  develops  and
provides  to  the  court  a proposed written treatment plan. The written
treatment plan shall  include  case  management  services  or  assertive
community  treatment  team  services  to  provide care coordination. The
written treatment plan also shall include all categories of services, as
set forth in paragraph one of subdivision (a)  of  this  section,  which
such  physician recommends that the subject of the petition receive. All
service providers shall be notified regarding  their  inclusion  in  the
written  treatment  plan. If the written treatment plan includes medica-
tion, it shall state whether such medication should be self-administered
or administered by authorized personnel,  and  shall  specify  type  and
dosage  range  of  medication most likely to provide maximum benefit for
the subject. If the written treatment plan includes alcohol or substance
abuse counseling and  treatment,  such  plan  may  include  a  provision
requiring  relevant  testing  for  either  alcohol or illegal substances
provided the physician's  clinical  basis  for  recommending  such  plan
provides sufficient facts for the court to find (i) that such person has
a  history  of  alcohol or substance abuse that is clinically related to
the mental illness; and (ii) that such testing is necessary to prevent a
relapse or deterioration which would be likely to result in serious harm
to the person or others. If a director is the  petitioner,  the  written
treatment  plan shall be provided to the court no later than the date of
the hearing on the petition. If a person other than a  director  is  the
petitioner,  such  plan shall be provided to the court no later than the
date set by the court pursuant to paragraph three of  subdivision  [(j)]
(K) of this section.
  (2)  The  physician  appointed  to  develop the written treatment plan
shall provide the following persons  with  an  opportunity  to  actively
participate  in  the  development of such plan: the subject of the peti-
tion; the treating physician, if  any;  and  upon  the  request  of  the
subject  of  the  petition,  an  individual  significant  to the subject
including any relative, close friend or individual  otherwise  concerned
with  the  welfare  of the subject. THE APPOINTED PHYSICIAN SHALL MAKE A
REASONABLE EFFORT TO GATHER RELEVANT INFORMATION FOR THE DEVELOPMENT  OF
THE  TREATMENT  PLAN FROM THE SUBJECT OF THE PETITION'S FAMILY MEMBER OR
MEMBERS, OR HIS OR HER SIGNIFICANT OTHER. If the subject of the petition
has executed a health care proxy, the appointed physician shall consider
any directions included in such proxy in developing the  written  treat-
ment plan.
  (3)  The  court shall not order assisted outpatient treatment unless a
physician appearing on behalf of a director  testifies  to  explain  the
written  proposed  treatment  plan; PROVIDED THAT THE PARTIES MAY STIPU-
LATE, UPON MUTUAL CONSENT, THAT SUCH PHYSICIAN NEED NOT TESTIFY.    Such
physician  shall  state  the categories of assisted outpatient treatment
recommended, the rationale for each such category, facts which establish
that such treatment is the least restrictive alternative,  and,  if  the
recommended assisted outpatient treatment plan includes medication, such

S. 4722                             9

physician  shall  state  the types or classes of medication recommended,
the beneficial and detrimental physical and mental effects of such medi-
cation, and whether  such  medication  should  be  self-administered  or
administered  by an authorized professional. If the subject of the peti-
tion has executed a health care proxy, such physician  shall  state  the
consideration given to any directions included in such proxy in develop-
ing  the written treatment plan. If a director is the petitioner, testi-
mony pursuant to this paragraph shall be given at  the  hearing  on  the
petition.  If  a  person  other  than a director is the petitioner, such
testimony shall be given on the date set by the court pursuant to  para-
graph three of subdivision [(j)] (K) of this section.
  [(j)] (K) Disposition. (1) If after hearing all relevant evidence, the
court does not find by clear and convincing evidence that the subject of
the  petition  meets the criteria for assisted outpatient treatment, the
court shall dismiss the petition.
  (2) If after hearing all relevant evidence, the court finds  by  clear
and  convincing  evidence  that  the  subject  of the petition meets the
criteria for assisted outpatient treatment, and there is no  appropriate
and  feasible  less  restrictive  alternative,  the  court may order the
subject to receive assisted outpatient treatment for an  initial  period
not to exceed one year. In fashioning the order, the court shall specif-
ically  make findings by clear and convincing evidence that the proposed
treatment is the least restrictive treatment  appropriate  and  feasible
for  the subject. The order shall state an assisted outpatient treatment
plan, which shall include all categories of assisted  outpatient  treat-
ment,  as set forth in paragraph one of subdivision (a) of this section,
which the assisted outpatient is to receive, but shall not  include  any
such category that has not been recommended in [both] the proposed writ-
ten  treatment  plan  and  [the]  IN ANY testimony provided to the court
pursuant to subdivision [(i)](J) of this section.
  (3) If after hearing all relevant evidence presented by  a  petitioner
who  is not a director, the court finds by clear and convincing evidence
that the subject of the petition meets the criteria for assisted  outpa-
tient  treatment,  and  the  court has yet to be provided with a written
proposed treatment plan and testimony pursuant to subdivision [(i)]  (J)
of  this  section,  the  court  shall  order the appropriate director to
provide the court with such plan and testimony no later than  the  third
day,  excluding  Saturdays,  Sundays and holidays, immediately following
the date of such order; PROVIDED THAT THE  PARTIES  MAY  STIPULATE  UPON
MUTUAL CONSENT THAT SUCH TESTIMONY NEED NOT BE PROVIDED.  Upon receiving
such  plan  and  ANY  REQUIRED  testimony,  the court may order assisted
outpatient treatment as provided in paragraph two of this subdivision.
  (4) A court may order  the  patient  to  self-administer  psychotropic
drugs or accept the administration of such drugs by authorized personnel
as  part  of  an  assisted  outpatient treatment program. Such order may
specify the type and dosage range of such psychotropic  drugs  and  such
order  shall  be  effective for the duration of such assisted outpatient
treatment.
  (5) If the petitioner is the director of a hospital that  operates  an
assisted  outpatient treatment program, the court order shall direct the
hospital director to provide or arrange for all categories  of  assisted
outpatient  treatment  for the assisted outpatient throughout the period
of the order. In all other instances, the order shall require the appro-
priate director, as that term is defined in this section, to provide  or
arrange  for  all  categories  of  assisted outpatient treatment for the
assisted outpatient throughout the period of the order.   ORDERS  ISSUED

S. 4722                            10

ON  OR  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND FIFTEEN THAT AMENDED THIS SECTION  SHALL  REQUIRE  THE  APPROPRIATE
DIRECTOR  "AS  DETERMINED  BY  THE  PROGRAM  COORDINATOR"  TO PROVIDE OR
ARRANGE  FOR  ALL  CATEGORIES  OF  ASSISTED OUTPATIENT TREATMENT FOR THE
ASSISTED OUTPATIENT THROUGHOUT THE PERIOD OF THE ORDER.
  (6) The director shall cause a copy of any court order issued pursuant
to this section to be served personally, or by mail, facsimile or  elec-
tronic  means,  upon  the  assisted outpatient, the mental hygiene legal
service or anyone  acting  on  the  assisted  outpatient's  behalf,  the
original  petitioner, identified service providers, and all others enti-
tled to notice under subdivision [(f)] (G) of this section.
  [(k)] (L) RELOCATION OF ASSISTED OUTPATIENTS. THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS  REQUIRING THAT, DURING THE PERIOD OF THE ORDER,
AN ASSISTED OUTPATIENT AND ANY OTHER APPROPRIATE  PERSONS  SHALL  NOTIFY
THE  PROGRAM COORDINATOR WITHIN A REASONABLE TIME PRIOR TO SUCH ASSISTED
OUTPATIENT RELOCATING WITHIN THE STATE OF NEW YORK TO AN AREA NOT SERVED
BY THE DIRECTOR WHO HAS BEEN DIRECTED TO  PROVIDE  OR  ARRANGE  FOR  THE
ASSISTED OUTPATIENT TREATMENT. UPON RECEIVING NOTIFICATION OF SUCH RELO-
CATION,  THE  PROGRAM  COORDINATOR SHALL REDETERMINE WHO THE APPROPRIATE
DIRECTOR SHALL BE AND CAUSE A COPY OF THE COURT ORDER AND TREATMENT PLAN
TO BE TRANSMITTED TO SUCH DIRECTOR.
  (M) Petition for [additional  periods  of]  CONTINUED  treatment.  (1)
[Prior]  WITHIN THIRTY DAYS PRIOR to the expiration of an order pursuant
to this section, the  appropriate  director  shall  review  whether  the
assisted  outpatient  continues to meet the criteria for assisted outpa-
tient treatment. [If, as documented in the petition, the director deter-
mines that such criteria continue to be  met  or  has  made  appropriate
attempts  to,  but has not been successful in eliciting, the cooperation
of the subject to submit to an examination, within thirty days prior  to
the expiration of an order of assisted outpatient treatment, such direc-
tor may petition the court to order continued assisted outpatient treat-
ment  pursuant  to  paragraph  two of this subdivision. Upon determining
whether such criteria continue to be met, such director shall notify the
program coordinator in writing as to whether a  petition  for  continued
assisted  outpatient  treatment is warranted and whether such a petition
was or will be filed.] UPON DETERMINING THAT ONE OR MORE OF SUCH  CRITE-
RIA  ARE NO LONGER MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINA-
TOR IN WRITING THAT A PETITION FOR CONTINUED ASSISTED OUTPATIENT  TREAT-
MENT  IS NOT WARRANTED.  UPON DETERMINING THAT SUCH CRITERIA CONTINUE TO
BE MET, HE OR SHE SHALL PETITION THE COURT TO ORDER  CONTINUED  ASSISTED
OUTPATIENT  TREATMENT FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE EXPI-
RATION DATE OF THE CURRENT ORDER. IF THE  COURT'S  DISPOSITION  OF  SUCH
PETITION  DOES  NOT  OCCUR  PRIOR  TO THE EXPIRATION DATE OF THE CURRENT
ORDER, THE CURRENT ORDER SHALL REMAIN IN EFFECT UNTIL SUCH  DISPOSITION.
THE  PROCEDURES  FOR  OBTAINING  ANY  ORDER PURSUANT TO THIS SUBDIVISION
SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE FOREGOING  SUBDIVISION
OF  THIS  SECTION; PROVIDED THAT THE TIME RESTRICTIONS INCLUDED IN PARA-
GRAPH FOUR OF SUBDIVISION (C) OF THIS SECTION SHALL NOT  BE  APPLICABLE.
THE  NOTICE  PROVISIONS SET FORTH IN PARAGRAPH SIX OF SUBDIVISION (K) OF
THIS SECTION SHALL BE APPLICABLE. ANY  COURT  ORDER  REQUIRING  PERIODIC
BLOOD  TESTS  OR URINALYSIS FOR THE PRESENCE OF ALCOHOL OR ILLEGAL DRUGS
SHALL BE SUBJECT TO REVIEW AFTER SIX MONTHS BY THE PHYSICIAN WHO  DEVEL-
OPED  THE  WRITTEN TREATMENT PLAN OR ANOTHER PHYSICIAN DESIGNATED BY THE
DIRECTOR, AND SUCH PHYSICIAN SHALL BE AUTHORIZED TO TERMINATE SUCH BLOOD
TESTS OR URINALYSIS WITHOUT FURTHER ACTION BY THE COURT.

S. 4722                            11

  (2) Within thirty days prior to the expiration of an order of assisted
outpatient treatment, [the appropriate director or]  the  current  peti-
tioner,  if  the current petition was filed pursuant to subparagraph (i)
or (ii) of paragraph one of subdivision [(e)] (F) of this  section,  and
the  current  petitioner  retains his or her original status pursuant to
the applicable subparagraph, may petition the court to  order  continued
assisted  outpatient  treatment for a period not to exceed one year from
the expiration date of the current order. If the court's disposition  of
such petition does not occur prior to the expiration date of the current
order,  the current order shall remain in effect until such disposition.
The procedures for obtaining any  order  pursuant  to  this  subdivision
shall be in accordance with the provisions of the foregoing subdivisions
of  this  section; provided that the time restrictions included in para-
graph four of subdivision (c) of this section shall not  be  applicable.
The  notice  provisions  set forth in paragraph six of subdivision [(j)]
(K) of this section shall be applicable. Any court order requiring peri-
odic blood tests or urinalysis for the presence of  alcohol  or  illegal
drugs  shall  be subject to review after six months by the physician who
developed the written treatment plan or another physician designated  by
the  director,  and such physician shall be authorized to terminate such
blood tests or urinalysis without further action by the court.
  [(l)] (3) IF NEITHER THE APPROPRIATE DIRECTOR NOR  THE  CURRENT  PETI-
TIONER  PETITION FOR CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO
THIS PARAGRAPH AND THE ORDER OF THE  COURT  EXPIRES,  ANY  OTHER  PERSON
AUTHORIZED  TO  PETITION PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (F) OF
THIS SECTION MAY BRING A NEW PETITION FOR ASSISTED OUTPATIENT TREATMENT.
IF SUCH NEW PETITION IS FILED LESS THAN SIXTY DAYS AFTER THE  EXPIRATION
OF  SUCH  ORDER,  THE  TIME  RESTRICTIONS  PROVIDED IN PARAGRAPH FOUR OF
SUBDIVISION (C) OF THIS SECTION SHALL NOT BE APPLICABLE TO THE NEW PETI-
TION.
  (4) IF, THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER, THE  ASSISTED
OUTPATIENT  IS  DEEMED  BY  THE  APPROPRIATE  DIRECTOR TO BE MISSING AND
THEREBY UNAVAILABLE FOR EVALUATION AS TO WHETHER HE OR SHE CONTINUES  TO
MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, SUCH DIRECTOR SHALL
PETITION  THE  COURT TO EXTEND THE TERM OF THE CURRENT ORDER UNTIL SIXTY
DAYS AFTER SUCH TIME AS THE ASSISTED OUTPATIENT IS LOCATED. IF THE COURT
GRANTS THE EXTENSION, THE DIRECTOR SHALL CONTINUE REASONABLE EFFORTS  TO
LOCATE  THE  ASSISTED OUTPATIENT.   UPON LOCATION OF THE ASSISTED OUTPA-
TIENT, THE DIRECTOR SHALL REVIEW WHETHER THE ASSISTED OUTPATIENT CONTIN-
UES TO MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, PURSUANT  TO
PARAGRAPH TWO OF THIS SUBDIVISION.
  (N)  Petition  for an order to stay, vacate or modify. (1) In addition
to any other right or remedy available by law with respect to the  order
for  assisted  outpatient treatment, the assisted outpatient, the mental
hygiene legal service, or anyone acting  on  the  assisted  outpatient's
behalf  may  petition  the court on notice to the director, the original
petitioner, and all others entitled to notice  under  subdivision  [(f)]
(G) of this section to stay, vacate or modify the order.
  (2)  The  appropriate  director  shall petition the court for approval
before instituting a proposed material change in the assisted outpatient
treatment plan, unless such change is authorized by  the  order  of  the
court.   SUCH PETITIONS TO CHANGE AN ASSISTED OUTPATIENT TREATMENT PLAN,
AS WELL AS PETITIONS FOR CONTINUED TREATMENT, MAY BE MADE TO  ANY  JUDGE
OF  THE  SUPREME  OR COUNTY COURTS IN THE COUNTY IN WHICH THE SUBJECT OF
THE PETITION IS PRESENT OR REASONABLY BELIEVED TO BE PRESENT. Such peti-
tion shall be filed on notice to all parties entitled  to  notice  under

S. 4722                            12

subdivision  [(f)]  (G)  of this section. Not later than five days after
receiving such petition, excluding Saturdays, Sundays and holidays,  the
court  shall  hold  a  hearing  on  the  petition;  provided that if the
assisted  outpatient  informs  the  court  that  he or she agrees to the
proposed material change, the court may approve such  change  without  a
hearing.  Non-material changes may be instituted by the director without
court approval. For the purposes of this paragraph, a material change is
an addition or deletion of a category of services to or from  a  current
assisted  outpatient  treatment  plan,  or  any  deviation  without  the
assisted outpatient's consent from the terms of a current order relating
to the administration of psychotropic drugs.
  [(m)] (O) Appeals. Review of an order issued pursuant to this  section
shall  be  had  in  like  manner  as  specified  in section 9.35 of this
article; PROVIDED THAT NOTICE SHALL BE PROVIDED TO ALL PARTIES  ENTITLED
TO NOTICE UNDER SUBDIVISION (G) OF THIS SECTION.
  [(n)]  (P) Failure to comply with assisted outpatient treatment. Where
in the clinical judgment of a physician, (i)  the  assisted  outpatient,
has  failed or refused to comply with the assisted outpatient treatment,
(ii) efforts were made to solicit compliance, and  (iii)  such  assisted
outpatient  may be in need of involuntary admission to a hospital pursu-
ant to section 9.27 of this article or immediate observation,  care  and
treatment  pursuant to section 9.39 or 9.40 of this article, such physi-
cian may request the appropriate director  of  community  services,  the
director's  designee,  or  any  physician  designated by the director of
community services pursuant to section 9.37 of this article,  to  direct
the  removal  of such assisted outpatient to an appropriate hospital for
an examination to determine if such person  has  a  mental  illness  for
which  HE  OR SHE IS IN NEED OF hospitalization is necessary pursuant to
section 9.27, 9.39 or  9.40  of  this  article[.  Furthermore,  if  such
assisted outpatient refuses to take medications as required by the court
order,  or he or she refuses to take, or fails a blood test, urinalysis,
or alcohol or drug test as required by the court order,  such  physician
may consider such refusal or failure when determining whether]; PROVIDED
THAT  IF, AFTER EFFORTS TO SOLICIT COMPLIANCE, SUCH PHYSICIAN DETERMINES
THAT THE ASSISTED OUTPATIENT'S  FAILURE  TO  COMPLY  WITH  THE  ASSISTED
OUTPATIENT  TREATMENT INCLUDES A SUBSTANTIAL FAILURE TO TAKE MEDICATION,
PASS OR SUBMIT TO BLOOD TESTING OR URINALYSIS, OR RECEIVE TREATMENT  FOR
ALCOHOL OR SUBSTANCE ABUSE, SUCH PHYSICIAN MAY PRESUME THAT the assisted
outpatient  is  in need of an examination to determine whether he or she
has a mental illness for which hospitalization is  necessary.  Upon  the
request  of  such  physician,  the  appropriate director, the director's
designee, or any physician designated pursuant to section 9.37  of  this
article,  may  direct  peace  officers, acting pursuant to their special
duties, or police officers who  are  members  of  an  authorized  police
department  or  force  or of a sheriff's department to take the assisted
outpatient into custody and transport him or her to the hospital operat-
ing the assisted outpatient treatment program or to any hospital author-
ized by the director of community services to receive such persons. Such
law enforcement officials shall  carry  out  such  directive.  Upon  the
request  of  such  physician,  the  appropriate director, the director's
designee, or any physician designated pursuant to section 9.37  of  this
article,  an ambulance service, as defined by subdivision two of section
three thousand one of the public  health  law,  or  an  approved  mobile
crisis outreach team as defined in section 9.58 of this article shall be
authorized  to  take  into  custody and transport any such person to the
hospital operating the assisted outpatient treatment program, or to  any

S. 4722                            13

other  hospital  authorized  by  the  appropriate  director of community
services to receive such persons. Any director of community services, or
designee, shall be authorized to  direct  the  removal  of  an  assisted
outpatient  who is present in his or her county to an appropriate hospi-
tal, in accordance with the provisions of this subdivision, based upon a
determination of the appropriate director of community services  direct-
ing  the  removal  of such assisted outpatient pursuant to this subdivi-
sion. Such person may be retained for observation,  care  and  treatment
and  further  examination in the hospital for up to seventy-two hours to
permit a physician to determine whether such person has a mental illness
and is in need of involuntary care and treatment in a hospital  pursuant
to  the  provisions of this article. Any continued involuntary retention
OF THE ASSISTED OUTPATIENT in such hospital beyond the initial  seventy-
two hour period shall be in accordance with the provisions of this arti-
cle  relating to the involuntary admission and retention of a person. If
at any time during the seventy-two hour period the person is  determined
not  to  meet the involuntary admission and retention provisions of this
article, and does not agree to stay in the hospital as  a  voluntary  or
informal  patient, he or she must be released. Failure to comply with an
order of assisted outpatient treatment shall not be grounds for involun-
tary civil commitment or a finding of contempt of court.
  [(o)] (Q) Effect of determination that a person is in need of assisted
outpatient treatment. The determination by a court that a person  is  in
need  of  assisted  outpatient  treatment  shall  not be construed as or
deemed to be a determination that such person is incapacitated  pursuant
to article eighty-one of this chapter.
  [(p)] (R) False petition. A person making a false statement or provid-
ing  false information or false testimony in a petition or hearing under
this section shall be subject to criminal prosecution pursuant to  arti-
cle  one  hundred  seventy-five  or article two hundred ten of the penal
law.
  [(q)] (S) Exception. Nothing in this section  shall  be  construed  to
affect  the  ability of the director of a hospital to receive, admit, or
retain patients who  otherwise  meet  the  provisions  of  this  article
regarding receipt, retention or admission.
  [(r)]  (T)  Education and training. (1) The office [of mental health],
in consultation with the office of court administration,  shall  prepare
educational  and  training  materials  on the use of this section, which
shall be made  available  to  local  governmental  units,  providers  of
services,  judges,  court  personnel,  law enforcement officials and the
general public.
  (2) The office, in consultation with  the  office  of  court  adminis-
tration,  shall  establish  a mental health training program for supreme
and county court judges and court  personnel,  AND  SHALL  PROVIDE  SUCH
TRAINING WITH SUCH FREQUENCY AND IN SUCH LOCATIONS AS MAY BE APPROPRIATE
TO  MEET  STATEWIDE NEEDS.  Such training shall focus on the use of this
section and generally address issues  relating  to  mental  illness  and
mental health treatment.
  S  6.  Section  29.15 of the mental hygiene law is amended by adding a
new subdivision (o) to read as follows:
  (O) IF THE DIRECTOR OF A DEPARTMENT FACILITY  DOES  NOT  PETITION  FOR
ASSISTED  OUTPATIENT  TREATMENT PURSUANT TO SECTION 9.60 OF THIS CHAPTER
UPON THE DISCHARGE OF AN INPATIENT ADMITTED PURSUANT  TO  SECTION  9.27,
9.39  OR  9.40  OF  THIS  CHAPTER, OR UPON THE EXPIRATION OF A PERIOD OF
CONDITIONAL RELEASE FOR SUCH INPATIENT, SUCH DIRECTOR SHALL REPORT  SUCH
DISCHARGE  OR  SUCH  EXPIRATION  IN WRITING TO THE DIRECTOR OF COMMUNITY

S. 4722                            14

SERVICES OF THE LOCAL  GOVERNMENTAL  UNIT  IN  WHICH  THE  INPATIENT  IS
EXPECTED TO RESIDE.
  S  7.  Subdivision 3 of section 404 of the correction law, as added by
chapter 1 of the laws of 2013, is amended and a  new  subdivision  5  is
added to read as follows:
  3.  Within a reasonable period prior to discharge of an inmate commit-
ted from a [state correctional facility from a] hospital in the  depart-
ment  of mental hygiene to the community, the director shall ensure that
a clinical assessment has been completed to determine whether the inmate
meets the criteria for assisted outpatient treatment pursuant to  subdi-
vision (c) of section 9.60 of the mental hygiene law. If, as a result of
such  assessment,  the  director  determines  that the inmate meets such
criteria, prior to discharge the director of the hospital  shall  either
petition  for  a  court  order  pursuant  to  section 9.60 of the mental
hygiene law, or report in writing to the director of community  services
of the local governmental unit in which the inmate is expected to reside
so  that  an  investigation [may] SHALL be conducted pursuant to section
9.47 of the mental hygiene law.
  5. WITHIN A REASONABLE PERIOD PRIOR TO  RELEASE  OR  DISCHARGE  OF  AN
INMATE WHO IS NOT CURRENTLY COMMITTED TO A HOSPITAL IN THE DEPARTMENT OF
MENTAL  HYGIENE  FROM A STATE CORRECTIONAL FACILITY TO THE COMMUNITY, IF
SUCH INMATE HAS A SERIOUS MENTAL ILLNESS PURSUANT TO  PARAGRAPH  (E)  OF
SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, THE
DEPARTMENT SHALL NOTIFY THE DIRECTOR OF A HOSPITAL WHO SHALL ENSURE THAT
A CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER THE INMATE
MEETS  THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI-
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT OF
SUCH ASSESSMENT, THE DIRECTOR DETERMINES  THAT  THE  INMATE  MEETS  SUCH
CRITERIA,  PRIOR  TO  RELEASE OR DISCHARGE, THE DIRECTOR OF THE HOSPITAL
SHALL EITHER PETITION FOR A COURT ORDER PURSUANT TO SECTION 9.60 OF  THE
MENTAL  HYGIENE  LAW,  OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY
SERVICES OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS  EXPECTED
TO  RESIDE  SO  THAT  AN  INVESTIGATION  SHALL  BE CONDUCTED PURSUANT TO
SECTION 9.47 OF THE MENTAL HYGIENE LAW.
  S 8. Section 18 of chapter 408  of  the  laws  of  1999,  constituting
Kendra's Law, as amended by chapter 1 of the laws of 2013, is amended to
read as follows:
  S  18.  This  act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided,  further,
that  subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90  days  after  this  act
shall become law[; and that this act shall expire and be deemed repealed
June 30, 2017].
  S 9. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid, and after exhaustion of all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph, section or part thereof directly involved in the controversy.
  S 10.  This act shall take effect immediately.