S T A T E O F N E W Y O R K
________________________________________________________________________
10100
I N A S S E M B L Y
March 12, 2020
___________
Introduced by M. of A. MALLIOTAKIS -- read once and referred to the
Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to requiring certain
facilities to have a staff member specifically trained in filing
assisted outpatient treatment petitions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.60 of the mental hygiene law is amended by adding
a new subdivision (s) to read as follows:
(S) (1) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND THE COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION,
SHALL REQUIRE HOSPITALS LICENSED OR OPERATED BY THE OFFICE OF MENTAL
HEALTH OPERATING A PROGRAM PURSUANT TO SUBDIVISION (B) OF THIS SECTION,
HOSPITALS SUBJECT TO THE PROVISIONS OF ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW AND CORRECTIONAL FACILITIES AS DEFINED IN SECTION TWO
OF THE CORRECTION LAW TO HAVE A STAFF MEMBER SPECIFICALLY TRAINED IN
FILING ASSISTED OUTPATIENT TREATMENT PETITIONS.
(2) WHEN AN INDIVIDUAL BEING RELEASED FROM A MENTAL HEALTH HOSPITAL
UNDER SECTION 7.17 OF THIS CHAPTER, A HOSPITAL SUBJECT TO THE PROVISIONS
OF ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR A CORRECTIONAL
FACILITY AS DEFINED IN SECTION TWO OF THE CORRECTION LAW, IF SUCH INDI-
VIDUAL IS FOUND TO HAVE A HISTORY OF MENTAL ILLNESS, OR THE INDIVIDUAL
IS DETERMINED DURING A COURT ORDERED MANDATORY EVALUATION TO SUFFER FROM
MENTAL ILLNESS, SUCH INDIVIDUAL SHALL NOT BE RELEASED UNTIL HE OR SHE
HAS BEEN COUNSELED ON AND REGISTERED WITH SERVICES WHICH SHALL BE AVAIL-
ABLE TO SUCH INDIVIDUAL ONCE HE OR SHE IS RELEASED.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however the amendments made to section 9.60
of the mental hygiene law made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15767-01-0
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