senate Bill S8508A

2021-2022 Legislative Session

Relates to clarifying the standards for involuntary in-patient care and treatment

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 16, 2022 print number 8508a
Mar 16, 2022 amend (t) and recommit to mental health
Mar 08, 2022 referred to mental health

Co-Sponsors

S8508 - Details

See Assembly Version of this Bill:
A9669
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§9.01 & 9.39, Ment Hyg L

S8508 - Summary

Relates to involuntary in-patient mental health treatment where care and treatment in a hospital is essential to a person's welfare if, in the absence of such care and treatment, the person's mental illness is likely to result in serious harm.

S8508 - Sponsor Memo

S8508 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8508
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to in-patient mental
   health treatment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.    Short  Title.  This act shall be known as the "New York
 State Mental Health Reform Act".
   § 2. Legislative findings. With the intent of  restoring  dignity  and
 transparency to our state's treatment and care of mentally ill patients,
 the  state  engaged in reforming procedures and policies in implementing
 preferred outpatient treatment through a structured outpatient treatment
 process commonly referred to as Kendra's Law.  The  law  was  to  ensure
 those  individuals  requiring  mental  health  treatment were afforded a
 dignified process in treatment while allowing the patient's  liberty  to
 be  free to pursue their daily lives without stigma or negative connota-
 tions attached to mental health.
   Unfortunately, the practical application of the state's mental hygiene
 laws has allowed thousands of people who require  more stringent  mental
 health  protocols  for  treatment to go without appropriate oversight to
 ensure their treatment is pursued thus, resulting in  severe  behavioral
 transgression to include a large degree of homelessness, criminal behav-
 ior,  toxic  drug use and alcoholism. The severity of abhorrent outcomes
 as the result of a failure to give medical  professionals,  as  well  as
 judicial direction in determining certain behavioral dysfunction(s) that
 display  a  need  for  in-patient  care, has severely impacted patient's
 health, welfare, and their ability to regularly function in society. All
 too often, we are seeing unsuspecting citizens killed or maimed  as  the
 result  of  violent  behavior by patients who have either disregarded or
 rejected available or mandated mental health services due to their dete-
 riorating mental state, which compounds the deleterious outcome for  the
 patient  as  well  as  society.    Although outpatient commitment is the
 preferred mode of treatment for patients seeking mental health services,
 the occasion arises  where  judicial  intervention  to  seek  immediate,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S8508A (ACTIVE) - Details

See Assembly Version of this Bill:
A9669
Current Committee:
Senate Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§9.01 & 9.39, Ment Hyg L

S8508A (ACTIVE) - Summary

Relates to involuntary in-patient mental health treatment where care and treatment in a hospital is essential to a person's welfare if, in the absence of such care and treatment, the person's mental illness is likely to result in serious harm.

S8508A (ACTIVE) - Sponsor Memo

S8508A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8508--A
 
                             I N  S E N A T E
 
                               March 8, 2022
                                ___________
 
 Introduced by Sens. SAVINO, BORRELLO, KAMINSKY -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Mental
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend the mental hygiene law, in relation to clarifying the
   standards for involuntary in-patient care and treatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Short  Title.  This act shall be known as the "New York
 State Mental Health Reform Act".
   § 2. Legislative findings. With the intent of  restoring  dignity  and
 transparency to our state's treatment and care of mentally ill patients,
 the  state  engaged in reforming procedures and policies in implementing
 preferred outpatient treatment through a structured outpatient treatment
 process commonly referred to as Kendra's Law.  The  law  was  to  ensure
 those  individuals  requiring  mental  health  treatment were afforded a
 dignified process in treatment while allowing the patient's  liberty  to
 be  free to pursue their daily lives without stigma or negative connota-
 tions attached to mental health.
   Unfortunately, the practical application of the state's mental hygiene
 laws has allowed thousands of people who require  more stringent  mental
 health  protocols  for  treatment to go without appropriate oversight to
 ensure their treatment is pursued thus, resulting in  severe  behavioral
 transgression to include a large degree of homelessness, criminal behav-
 ior,  toxic  drug use and alcoholism. The severity of abhorrent outcomes
 as the result of a failure to give medical  professionals,  as  well  as
 judicial direction in determining certain behavioral dysfunction(s) that
 display  a  need  for  in-patient  care, has severely impacted patient's
 health, welfare, and their ability to regularly function in society. All
 too often, we are seeing unsuspecting citizens killed or maimed  as  the
 result  of  violent  behavior by patients who have either disregarded or
 rejected available or mandated mental health services due to their dete-
 riorating mental state, which compounds the deleterious outcome for  the
 patient  as  well  as  society.    Although outpatient commitment is the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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