Senate Bill S6154

                                 BILL NUMBER:  S6154

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to the definition of "in need of involuntary care and treatment" and
to whom an application for such admission is made

 PURPOSE OF THE BILL :

This bill would amend the Mental Hygiene Law (MHL) to ensure the
statutory definition of "in need of involuntary care and treatment"
conforms to constitutional due process standards with respect to
involuntary medical admissions.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend MHL § 15.01 to clarify that the
definition of "in need of involuntary care and treatment" expressly
includes the requirement that the person being involuntarily confined
poses a real and present threat of substantial harm to themselves or
others.

Section 2 of the bill would amend MHL § 15.27 by deleting the
reference in subsection (a) to "the director of a school" and replace
it with "the commissioner."

Section 3 would provide for an immediate effective date.
              

 STATEMENT IN SUPPORT :

The language of MHL § 15.01 does not explicitly require that the
person must pose a substantial physical danger to themselves or others
in order to be involuntarily confined. In order to comply with
constitutional due process requirements, however, New York State
courts as well as the Office of People with Developmental Disabilities
(OPWDD) have interpreted this statute to require a showing of
substantial physical danger to self or others prior to ordering
involuntary confinement.

This bill would therefore amend MHL § 15.01 to expressly require that
an involuntary confinement determination for purposes of care and
treatment "must be based upon a finding that the person to be
committed poses a real and present threat of substantial harm to
themselves or others" (see In Re Scopes, 59 AD2d 203 (3d Dept. 1977)
and Matter of Harry M., 96 AD2d 201 (2d Dept. 1983)). This would
enhance public safety while protecting the constitutional rights of
individuals who require involuntary care and treatment.

Second, when a person requires involuntary care and treatment, MHL §
15.27 currently allows the director of a school (e.g., developmental
center) to receive and retain such person in the school. The detention
must be supported by a formal application and the certification of two
physicians or a physician and a certified psychologist. However, no
guidance is provided to clarify which of OPWDD's multiple directors
should receive the application. To address this concern, this bill
would provide that the OPWDD Commissioner, rather than an unspecified
director, may decide an application for individual involuntary care
and treatment. This would eliminate any uncertainty as to where an
application should be submitted and reflects the centralization by
OPWDD of such decisions.

 PRIOR LEGISLATIVE HISTORY :

This is a new proposal.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect immediately upon signing.