A. 2719--B 2
person afflicted requires care, treatment and rehabilitation; OR AN
ADDICTIVE DISORDER AS DEFINED IN THIS SECTION.
58-A. "BEHAVIORAL HEALTH WORKER" MEANS SOMEONE WITH EXPERTISE IN
BEHAVIORAL HEALTH SERVICES AS DEFINED IN THIS SECTION.
§ 3. Section 9.01 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, the seventh undesignated paragraph as amended by
chapter 595 of the laws of 2000, is amended to read as follows:
§ 9.01 Definitions.
As used in this article:
(A) "in need of care and treatment" means that a person has a mental
illness for which in-patient care and treatment in a hospital OR OTHER
FACILITY, OR RECEIPT OF SERVICES PURSUANT TO THIS CHAPTER OR THE SOCIAL
SERVICES LAW, is appropriate. SUCH SERVICES SHALL INCLUDE, BUT ARE NOT
LIMITED TO, EMPLOYMENT, HEALTH CARE, MENTAL HEALTH CARE, EDUCATIONAL OR
VOCATIONAL TRAINING, HOUSING, AND ACCESS TO SUPPORTIVE OUTPATIENT FACIL-
ITIES SUCH AS CLUBHOUSES.
(B) "in need of involuntary care and treatment" means that a person
has a mental illness for which care and treatment as a patient in a
hospital is essential to [such person's welfare] PREVENT SUCH PERSON
FROM ENGAGING IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM, and whose
judgment is so impaired that [he] SUCH PERSON is unable to understand
the need for such care and treatment.
(C) "likelihood to result in serious harm" or "likely to result in
serious harm" means [(a)] 1. a substantial risk of physical harm to the
person as manifested by threats of or attempts at suicide or serious
bodily harm or other conduct demonstrating that the person is dangerous
to [himself or herself] THEMSELF, or [(b)] 2. a substantial risk of
physical harm to other persons as manifested by [homicidal or other
violent behavior by which others are placed in reasonable fear of seri-
ous physical harm] ATTEMPTS AT OR PERPETRATION OF VIOLENCE, OR POSSESS-
ING A WEAPON OR AN OBJECT THAT CAN BE UTILIZED AS A WEAPON AND USING
SUCH WEAPON OR OBJECT IN A MANNER CONSISTENT WITH A USE THAT WOULD
PRODUCE IMMINENT PHYSICAL HARM TO THEMSELVES OR OTHERS; FOR THE PURPOSES
OF THIS SECTION, NONCOMPLIANCE WITH INSTRUCTIONS FROM ANY POLICE OFFI-
CER, PEACE OFFICER, BEHAVIORAL HEALTH WORKER OR HOMELESS OUTREACH WORKER
IN THE ABSENCE OF OTHER THREATENING BEHAVIOR SHALL NOT CONSTITUTE
REASONABLE FEAR OF SERIOUS PHYSICAL HARM; NOR SHALL THE FASHIONING OF
ANY BODY PART, OR HANDLING OF ANY OBJECT THAT IS NOT A FIREARM OR COMPO-
NENT THEREOF IN SUCH A MANNER CONSISTENT WITH OPERATING A FIREARM,
CONSTITUTE REASONABLE FEAR OF SERIOUS PHYSICAL HARM.
(D) "need for retention" means that a person who has been admitted to
a hospital pursuant to this article is in need of involuntary care and
treatment in a hospital for a further period.
(E) "record" of a patient shall consist of admission, transfer or
retention papers and orders, and accompanying data required by this
article and by the regulations of the commissioner.
(F) "director of community services" means the director of community
services for the mentally disabled appointed pursuant to article forty-
one of this chapter.
(G) "qualified psychiatrist" means a physician licensed to practice
medicine in New York state who: [(a)] 1. is a diplomate of the American
board of psychiatry and neurology or is eligible to be certified by that
board; or [(b)] 2. is certified by the American osteopathic board of
neurology and psychiatry or is eligible to be certified by that board.
(H) "PATIENT ADVOCATE" MEANS AN INDIVIDUAL OR ORGANIZATION WITH EXPER-
TISE IN NAVIGATING BEHAVIORAL HEALTH AND HOMELESSNESS INTERVENTION
A. 2719--B 3
SERVICES THAT PROVIDES ASSISTANCE AND REPRESENTATION TO A PATIENT
RECEIVING HEALTHCARE, IN SUPPORT OF SUCH PERSON'S WELFARE. SUCH PATIENT
ADVOCATE MAY BE AN EMPLOYEE OF AN AGENCY ENGAGED IN HOMELESSNESS INTER-
VENTION SERVICES; AN EMPLOYEE OR VOLUNTEER OF A HOMELESSNESS INTER-
VENTION SERVICES ORGANIZATION; A MENTAL HEALTH EXPERT; OR A PERSON WHO
HAS EXPERIENCED HOMELESSNESS; PROVIDED, HOWEVER, THAT SUCH PATIENT ADVO-
CATE SHALL NOT BE A CURRENT EMPLOYEE OR OTHER AGENT OF A FOR-PROFIT
ENTITY PROVIDING HOMELESSNESS INTERVENTION SERVICES.
(I) "HOMELESS OUTREACH WORKER" SHALL MEAN A PERSON WITH EXPERTISE IN
PROVISION OF HOMELESSNESS INTERVENTION SERVICES, BEHAVIORAL HEALTH, AND
ENGAGEMENT WITH HOMELESS INDIVIDUALS TO COMPEL RECEIPT OF SUCH SERVICES;
MAY BE AN EMPLOYEE OF AN AGENCY ENGAGED IN HOMELESSNESS INTERVENTION
SERVICES AN EMPLOYEE OR VOLUNTEER OF A HOMELESSNESS INTERVENTION
SERVICES ORGANIZATION; A BEHAVIORAL HEALTH EXPERT; OR A PERSON WHO HAS
EXPERIENCED HOMELESSNESS; PROVIDED, HOWEVER, THAT SUCH HOMELESS OUTREACH
WORKER SHALL NOT BE A CURRENT EMPLOYEE OR OTHER AGENT OF A FOR-PROFIT
ENTITY PROVIDING HOMELESSNESS INTERVENTION SERVICES.
(J) "EMPATH UNIT" MEANS A FACILITY THAT PROVIDES EMERGENCY TREATMENT
TO PATIENTS WITH MENTAL ILLNESS WITHOUT UNNECESSARY LONG-TERM ADMISSION,
INCLUDING A CRISIS STABILIZATION CENTER AS PROVIDED FOR IN SECTION 36.01
OF THIS CHAPTER.
(K) "CLUBHOUSE" MEANS A NON-EMERGENCY MEDICAL FACILITY AND COMMUNITY-
BASED PSYCHO-SOCIAL REHABILITATION CENTER THAT PROVIDES STRUCTURED,
EVIDENCE-BASED SERVICES FOR INDIVIDUALS LIVING WITH MENTAL ILLNESS,
INCLUDING:
(I) EMPLOYMENT ASSISTANCE, WORKFORCE DEVELOPMENT, AND JOB PLACEMENT;
(II) HOUSING ASSISTANCE, SUPPORTIVE HOUSING NAVIGATION, AND HOMELESS-
NESS PREVENTION;
(III) EDUCATIONAL AND SKILLS TRAINING PROGRAMS;
(IV) PEER SUPPORT GROUPS AND MENTAL HEALTH COUNSELING;
(V) CRISIS INTERVENTION AND SUICIDE PREVENTION SERVICES;
(VI) RE-ENTRY SUPPORT FOR JUSTICE-INVOLVED INDIVIDUALS; AND
(VII) VETERAN SERVICES, INCLUDING POST-TRAUMATIC STRESS DISORDER
SUPPORT AND UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS BENEFIT NAVI-
GATION.
§ 4. Section 7.17 of the mental hygiene law is amended by adding a new
subdivision (h) to read as follows:
(H) THE COMMISSIONER SHALL ESTABLISH AT LEAST ONE EMPATH UNIT, AS SUCH
TERM IS DEFINED IN SECTION 9.01 OF THIS TITLE, IN EACH COUNTY IN THE
STATE.
§ 5. Paragraph 2 of subdivision (a) of section 9.48 of the mental
hygiene law, as added by chapter 408 of the laws of 1999, is amended to
read as follows:
(2) The directors of assisted outpatient treatment programs shall
ensure the timely delivery of services described in paragraph one of
subdivision (a) of section 9.60 of this article pursuant to any court
order issued under such section. Directors of assisted outpatient treat-
ment programs shall immediately commence corrective action upon receiv-
ing notice from program coordinators, that services are not being
provided in a timely manner. Such directors shall inform the program
coordinator of such corrective action. ASSERTIVE COMMUNITY TREATMENT
TEAM SERVICES WHICH HAVE BEEN COURT ORDERED, REQUESTED BY A HOMELESS
INDIVIDUAL, OR OTHERWISE DIRECTED UNDER THIS ARTICLE SHALL BE PROVIDED
WITHIN THIRTY DAYS OF SUCH ORDER OR UPON REQUEST OF THE APPLICATION. FOR
THE PURPOSES OF SUCH SERVICE PROVISION, THERE SHALL BE A PRESUMPTION OF
A. 2719--B 4
ELIGIBILITY TO THE MAXIMUM EXTENT POSSIBLE AND CONFIRMATION OF ELIGIBIL-
ITY SHALL OCCUR SUBSEQUENT TO PROGRAM ADMISSION.
§ 6. Paragraph 2 of subdivision (b) of section 9.27 of the mental
hygiene law, as amended by chapter 343 of the laws of 1985, is amended
and a new paragraph 12 is added to read as follows:
2. the [father or mother, husband or wife, brother or sister,] PARENT
OR LEGAL GUARDIAN, SPOUSE, SIBLING or the child of any such person or
the nearest available relative.
12. A BEHAVIORAL HEALTH WORKER ACTING AS AN AGENT OF THE CITY OR COUN-
TY IN WHICH ANY SUCH PERSON MAY BE.
§ 7. Section 9.27 of the mental hygiene law is amended by adding a new
subdivision (j) to read as follows:
(J) A PATIENT SUBJECT TO AN INVOLUNTARY ADMISSION UNDER THIS ARTICLE
SHALL BE ENTITLED TO BE PLACED IN A ROOM WITH A WINDOW AND ACCESS TO A
RESTROOM, WITH NO MORE THAN ONE ADDITIONAL PATIENT IN THE ROOM, AND
SHALL NOT BE PHYSICALLY RESTRAINED UNLESS SUCH PATIENT IS DETERMINED TO
BE DANGEROUS.
§ 8. Subdivisions (a) and (d) of section 9.33 of the mental hygiene
law, as amended by chapter 789 of the laws of 1985, are amended to read
as follows:
(a) If the director shall determine that a patient admitted upon an
application supported by medical certification, for whom there is no
court order authorizing retention for a specified period, is in need of
retention OR TRANSFER TO THE JURISDICTION OF THE DEPARTMENT FOR
RETENTION IN A HOSPITAL OPERATED BY THE STATE OR TO A PRIVATE FACILITY
HAVING AN APPROPRIATE OPERATING CERTIFICATE, and if such patient does
not agree to remain in such hospital as a voluntary patient OR AGREE TO
SUCH TRANSFER, the director shall apply to the supreme court or the
county court in the county where the hospital is located for an order
authorizing continued retention. Such application shall be made no later
than sixty days from the date of involuntary admission on application
supported by medical certification or thirty days from the date of an
order denying an application for patient's release pursuant to section
9.31, whichever is later; and the hospital is authorized to retain the
patient OR TRANSFER SUCH PATIENT TO THE JURISDICTION OF THE DEPARTMENT
FOR RETENTION IN A HOSPITAL OPERATED BY THE STATE OR A PRIVATE FACILITY
HAVING AN APPROPRIATE OPERATING CERTIFICATE for such further period
during which the hospital is authorized to make such application or
during which the application may be pending. The director shall cause
written notice of such application to be given the patient and a copy
thereof shall be given personally or by mail to the persons required by
this article to be served with notice of such patient's initial admis-
sion and to the mental hygiene legal service. Such notice shall state
that a hearing may be requested and that failure to make such a request
within five days, excluding Sunday and holidays, from the date that the
notice was given to the patient will permit the entry without a hearing
of an order authorizing retention OR TRANSFER.
(d) If the director of a hospital, in which a patient is retained
pursuant to the foregoing subdivisions of this section, shall determine
that the condition of such patient requires [his] further retention in a
hospital OR TRANSFER TO A PRIVATE FACILITY HAVING AN APPROPRIATE OPERAT-
ING CERTIFICATE, [he] THE DIRECTOR shall, if such patient does not agree
to remain in such hospital as a voluntary patient OR DOES NOT AGREE TO A
TRANSFER, apply during the period of retention authorized by the last
order of the court to the supreme court or the county court in the coun-
ty where the hospital is located for an order authorizing further
A. 2719--B 5
continued retention OR THE TRANSFER of such patient. 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 patient or anyone on [his] THEIR behalf or the mental
hygiene legal service may request that the patient be brought personally
before the court, in which case the court shall not grant an order for
periods of one year or longer unless such patient shall have appeared
personally before the court. The period for continued retention pursuant
to the first order obtained under this subdivision shall authorize
further continued retention of the patient for not more than one year
from the date of the order. The period for the further continued
retention of the patient authorized by any subsequent order under this
subdivision shall be for periods not to exceed two years each from the
date of the order.
§ 9. Section 9.03 of the mental hygiene law, as amended by chapter 351
of the laws of 2021, is amended to read as follows:
§ 9.03 Admission to a hospital.
(A) Unless otherwise specifically provided for by statute, a person
with a mental illness shall be admitted to a hospital as an in-patient
only pursuant to the provisions of this article, except that chemically
dependent patients may be admitted to chemical dependence facilities
operated by such hospitals under contract or agreement with the office
of [alcoholism and substance abuse] ADDICTION services AND SUPPORTS in
accordance with the provisions of article twenty-two of this chapter.
The section of the mental hygiene law under which a patient is admitted
or under which any change of legal status is subsequently effected shall
be stated in the patient's record.
(B) A PATIENT ADMITTED PURSUANT TO THIS ARTICLE SHALL BE ASSIGNED A
PATIENT ADVOCATE, AS DEFINED IN THIS ARTICLE, WITHIN TWENTY-FOUR HOURS
OF SUCH ADMISSION.
§ 10. Section 33.27 of the mental hygiene law is amended by adding a
new subdivision (d) to read as follows:
(D) WITHIN TWENTY-FOUR HOURS OF ADMISSION TO ANY FACILITY OPERATED OR
LICENSED BY THE OFFICE OF MENTAL HEALTH A PATIENT SHALL BE INFORMED OF
THEIR RIGHT TO FILE A COMPLAINT WITH THE OMBUDSMAN.
§ 11. Section 33.27 of the mental hygiene law is amended by adding a
new subdivision (e) to read as follows:
(E) THE OFFICE OF THE INDEPENDENT SUBSTANCE USE DISORDER AND MENTAL
HEALTH OMBUDSMAN SHALL ANNUALLY PUBLISH A REPORT ON INVOLUNTARY ADMIS-
SIONS THAT SHALL INCLUDE THE DEMOGRAPHICS OF PEOPLE ADMITTED, THE NUMBER
OF COMPLAINTS TO THE OFFICE, THE DUE PROCESS FOR PEOPLE ADMITTED, THE
NATURE OF SERVICES PROVIDED AFTER DISCHARGES, AND THE MENTAL HEALTH AND
HOUSING STABILITY OUTCOMES OF INVOLUNTARY ADMISSIONS.
§ 12. The mental hygiene law is amended by adding a new section 22.13
to read as follows:
§ 22.13 MEDICALLY RECOMMENDED TREATMENT.
ANY ADDICTIVE DISORDER SERVICES PURSUANT TO THIS ARTICLE SHALL INCLUDE
MEDICALLY RECOMMENDED TREATMENT BY A PERSON LICENSED TO PRACTICE MEDI-
CINE AS SET FORTH IN ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
LAW.
§ 13. Section 29.07 of the mental hygiene law, subdivision (b) as
amended by chapter 37 of the laws of 2011, is amended to read as
follows:
§ 29.07 Commissioner's powers over admissions to department facilities.
(a) [The commissioner may by order defer admissions to] IF THE COMMIS-
SIONER SHALL DETERMINE THAT OVERCROWDING EXISTS IN any facility in the
A. 2719--B 6
department when the total number of patients therein exceeds its capaci-
ty to an extent which will not permit adequate care and treatment to be
provided patients, SUCH COMMISSIONER SHALL AUTHORIZE ADMISSION TO ANOTH-
ER FACILITY WITH AN APPROPRIATE OPERATING CERTIFICATE. THE COMMISSIONER
MAY NOT DEFER ADMISSIONS UNLESS THERE IS A STATE DECLARATION OF DISASTER
EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW.
(b) If the commissioner shall determine that overcrowding exists in
the department schools, [he] THE COMMISSIONER may, within the amounts
appropriated therefor, authorize admission for care and treatment of any
person with a developmental disability to a designated facility approved
for such purposes by the commissioner. The patient and any liable rela-
tives shall be liable for payment of fees in accordance with article
forty-three of this chapter.
§ 14. Subdivision (a) of section 9.47 of the mental hygiene law, as
amended by section 15 of chapter 351 of the laws of 2021, is amended to
read as follows:
(a) All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all persons with a mental illness within
their respective communities who are in need of OR REQUEST MEDICALLY
RECOMMENDED care and treatment [at a hospital] are admitted to a hospi-
tal OR OTHER FACILITY, OR RECEIVE OTHER SERVICES pursuant to the
provisions of this article OR THE SOCIAL SERVICES LAW. SUCH SERVICES
SHALL INCLUDE, BUT ARE NOT LIMITED TO, EMPLOYMENT, HEALTH CARE, MENTAL
HEALTH CARE, EDUCATIONAL OR VOCATIONAL TRAINING, HOUSING, AND ACCESS TO
SUPPORTIVE OUTPATIENT FACILITIES SUCH AS CLUBHOUSES. Social services
officials and health officers shall notify the director of community
services of any such person coming to their attention. Pending the
determination of the condition of an alleged person with a mental
illness, it shall be the duty of the director of community services and,
if there be no such director, of the local health officer to provide for
the proper care of such person [in a suitable facility].
§ 15. The opening paragraph of section 9.47 of the mental hygiene law,
as amended by section 16 of chapter 351 of the laws of 2021, is amended
to read as follows:
All directors of community services, health officers, and social
services officials, as defined by the social services law, are charged
with the duty of seeing that all persons with a mental illness within
their respective communities who are in need of OR REQUEST MEDICALLY
RECOMMENDED care and treatment [at a hospital] are admitted to a hospi-
tal OR OTHER FACILITY, OR RECEIVE OTHER SERVICES pursuant to the
provisions of this article OR THE SOCIAL SERVICES LAW. SUCH SERVICES
SHALL INCLUDE, BUT ARE NOT LIMITED TO, EMPLOYMENT, HEALTH CARE, MENTAL
HEALTH CARE, EDUCATIONAL OR VOCATIONAL TRAINING, HOUSING, AND ACCESS TO
SUPPORTIVE OUTPATIENT FACILITIES SUCH AS CLUBHOUSES. Social services
officials and health officers shall notify the director of community
services of any such person coming to their attention. Pending the
determination of the condition of an alleged person with a mental
illness, it shall be the duty of the director of community services and,
if there be no such director, of the local health officer to provide for
the proper care of such person [in a suitable facility].
§ 16. Subdivision (d) of section 9.37 of the mental hygiene law, as
amended by chapter 357 of the laws of 1991 and as relettered by chapter
343 of the laws of 1996, is amended to read as follows:
(d) After signing the application, the director of community services
or the director's designee shall be authorized and empowered to take
A. 2719--B 7
into custody, detain, transport, and provide temporary care for any such
person. Upon the written request of such director or the director's
designee it shall be the duty of A BEHAVIORAL HEALTH WORKER OR HOMELESS
OUTREACH WORKER TO TAKE INTO CUSTODY AND TRANSPORT ANY SUCH PERSON AS
REQUESTED AND DIRECTED BY SUCH DIRECTOR OR DESIGNEE. SUCH PERSON OR
PERSONS MAY REQUEST AND SHALL RECEIVE THE ACCOMPANIMENT OF peace offi-
cers, when acting pursuant to their special duties, or police officers
who are members of the state police or of an authorized police depart-
ment or force or of a sheriff's department [to take into custody and
transport any such person as requested and directed by such director or
designee]. NO OFFICER SHALL USE COERCIVE FORCE TO TAKE A PERSON INTO
CUSTODY OR PURSUE ANY SUCH PERSON WHO FLEES UNLESS DIRECTED BY A BEHAV-
IORAL HEALTH WORKER OR HOMELESS OUTREACH WORKER AND, IF SO DIRECTED,
MUST REFRAIN FROM ANY FURTHER COERCION OR PURSUIT AT SUCH DIRECTION;
PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY TO DETAINING A PERSON
ENGAGING IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM. Upon the written
request of such director or designee, an ambulance service, as defined
in subdivision two of section three thousand one of the public health
law, is authorized to transport any such person.
§ 17. Intentionally omitted.
§ 18. The mental hygiene law is amended by adding a new section 7.10
to read as follows:
§ 7.10 REGULATION AND QUALITY CONTROL OF SERVICES FOR INDIVIDUALS WITH
SEVERE MENTAL ILLNESS.
THIS ARTICLE SETS FORTH PROVISIONS ENABLING THE COMMISSIONER TO REGU-
LATE AND ASSURE THE CONSISTENT HIGH QUALITY OF TREATMENT AND SERVICES
PROVIDED WITHIN THE STATE TO INDIVIDUALS WITH SEVERE MENTAL ILLNESS.
THE COMMISSIONER SHALL EVALUATE BEHAVIORAL HEALTH OUTCOMES, AS WELL AS
ISSUANCE OF TREATMENT PLANS PURSUANT TO SECTION 29.13 OF THIS CHAPTER.
THE COMMISSIONER MAY ADOPT AND PROMULGATE ANY REGULATION REASONABLY
NECESSARY TO IMPLEMENT AND EFFECTIVELY EXERCISE THE POWERS AND PERFORM
THE DUTIES CONFERRED BY THIS ARTICLE. THIS ARTICLE SHALL GOVERN THE
OPERATION OF PROGRAMS, PROVISION OF SERVICES AND THE FACILITIES HEREIN-
AFTER DESCRIBED AND THE COMMISSIONER'S POWERS AND AUTHORITY WITH RESPECT
THERETO.
§ 19. Subdivision (n) of section 19.07 of the mental hygiene law, as
added by chapter 762 of the laws of 2022, is relettered subdivision (o)
and a new subdivision (p) is added to read as follows:
(P) THE OFFICE SHALL NOT ADOPT ANY REGULATIONS ON THE DISPENSING OF
OPIOID AGONISTS, INCLUDING BUT NOT LIMITED TO METHADONE, WHICH WOULD
RESULT IN ADDITIONAL LIMITATIONS TO ACCESS, CONTINUING TREATMENT,
DOSING, AND DISPENSING FOR HOME USE, BEYOND THOSE ENUMERATED IN FEDERAL
LAW AND ANY WAIVERS ISSUED BY THE FEDERAL GOVERNMENT.
§ 20. Section 29.13 of the mental hygiene law, as added by chapter 332
of the laws of 1976, subdivision (b) as amended by chapter 135 of the
laws of 1993, is amended to read as follows:
§ 29.13 Treatment plans.
(a) Subject to the regulations of the commissioner, the director of
each departmental facility shall require the development of a written
treatment plan to assure adequate [care and] treatment for THE HEALTH,
ECONOMIC SECURITY, HOUSING SECURITY, AND WELFARE OF each patient.
(b) The written treatment plan shall include, but not be limited to, a
statement of treatment goals; appropriate programs, treatment or thera-
pies to be undertaken to meet such goals; SERVICES PURSUANT TO THIS
ARTICLE AND THE SOCIAL SERVICES LAW INCLUDING, BUT NOT LIMITED TO,
EMPLOYMENT, EDUCATIONAL OR VOCATIONAL TRAINING, HOUSING, AND ACCESS TO
A. 2719--B 8
SUPPORTIVE OUTPATIENT FACILITIES SUCH AS CLUBHOUSES; and a specific
timetable for assessment of patient programs as well as for periodic
mental and physical reexaminations. In causing such a plan to be
prepared or when such a plan is to be revised, the following persons
shall be interviewed and provided an opportunity to actively participate
in such preparation or revision: the patient; [an] THE PATIENT ADVOCATE
OR OTHER authorized representative of the patient, to include the parent
or parents if the patient is a minor, unless such minor sixteen years of
age or older objects to the participation of the parent or parents and
there has been a clinical determination by a physician indicating that
the involvement of the parent or parents is not clinically appropriate
and such determination is documented in the record; upon the request of
the patient sixteen years of age or older, a significant individual to
the patient including any relative, close friend or individual otherwise
concerned with the welfare of the patient, other than an employee of the
facility.
(C) THE DIRECTOR OF EACH FACILITY, IN CONJUNCTION WITH A PATIENT ADVO-
CATE AND ANY SERVICE PROVIDER FOR SUCH DISCHARGED PATIENT, SHALL MONITOR
THE PATIENT FOR AT LEAST THIRTY DAYS TO ENSURE COMPLIANCE WITH THE
PATIENT TREATMENT PLAN. IF SUCH PATIENT IS NOT IN COMPLIANCE, THE LOCAL
SOCIAL SERVICES COMMISSIONER SHALL MAKE A GOOD FAITH EFFORT TO LOCATE
THE PATIENT AND RETURN THEM TO TREATMENT, AND MONITOR SUCH PATIENT FOR
AT LEAST AN ADDITIONAL THIRTY DAYS TO ENSURE COMPLIANCE.
(D) THE COMMISSIONER MAY SUSPEND, REVOKE, OR LIMIT THE OPERATING
CERTIFICATE OF ANY FACILITY FOUND NOT TO BE PROVIDING MEDICALLY RECOM-
MENDED TREATMENT PLANS PURSUANT TO THIS SECTION.
§ 21. Subdivision (k) of section 29.15 of the mental hygiene law, as
amended by chapter 433 of the laws of 1976, is amended to read as
follows:
(k) 1. No PATIENT SHALL BE DISCHARGED OR CONDITIONALLY RELEASED UNTIL
SUCH PATIENT AND THE PATIENT ADVOCATE APPROVE THE WRITTEN TREATMENT PLAN
DEVELOPED UNDER SECTION 29.13 OF THIS ARTICLE. NO patient shall be
required, as a condition precedent to [his] discharge, to agree to the
terms of a written [service] TREATMENT plan. If after the advisability
of following the program proposed in the written [service] TREATMENT
plan has been explained to the patient who has been discharged or who is
to be discharged, such patient expresses [his] THEIR objection to such
program or any part thereof, a notation of such objection shall be made
in the patient's records.
2. A PATIENT WITH A MENTAL ILLNESS DIAGNOSIS MAY REQUEST AND SHALL BE
ENTITLED TO RECEIVE INPATIENT OR OUTPATIENT TREATMENT RECOMMENDED FOR
SUCH CONDITION, IRRESPECTIVE OF THE ABILITY OF SUCH PERSON TO PAY. FOR
THE PURPOSES OF SUCH TREATMENT, A PATIENT MAY BE RELOCATED TO ANOTHER
FACILITY HAVING AN APPROPRIATE OPERATING CERTIFICATE. IN THE ABSENCE OF
DOCUMENTATION OF A MENTAL ILLNESS DIAGNOSIS, ATTESTATION BY THE PATIENT
SHALL SERVE AS PRESUMPTIVE EVIDENCE OF SUCH CONDITION.
3. UPON DISCHARGE OR CONDITIONAL RELEASE, A PATIENT SHALL BE ENTITLED
TO COSTS OF TRANSPORTATION EITHER TO THEIR PLACE OF USUAL RESIDENCE, OR
ANOTHER REQUESTED DESTINATION, IF A SOCIAL SERVICES OFFICIAL, IN CONSUL-
TATION WITH A PATIENT ADVOCATE, DETERMINES THAT SUCH PERSON WILL HAVE
ADEQUATE SUPPORT FOR THEIR WELFARE.
§ 22. The mental hygiene law is amended by adding two new sections
9.34 and 9.36 to read as follows:
§ 9.34 COURT AUTHORIZATION TO CONTINUED INPATIENT TREATMENT AND CARE.
(A) IF THE DIRECTOR SHALL DETERMINE THAT A PATIENT ADMITTED UPON AN
APPLICATION SUPPORTED BY MEDICAL CERTIFICATION, FOR WHOM THERE IS NO
A. 2719--B 9
COURT ORDER AUTHORIZING RETENTION FOR A SPECIFIED PERIOD, IS IN NEED OF
DISCHARGE AND IF SUCH PATIENT OR PATIENT ADVOCATE DOES NOT AGREE WITH
SUCH DISCHARGE, THE PATIENT OR ANYONE ON THEIR BEHALF SHALL APPLY TO THE
SUPREME COURT OR THE COUNTY COURT IN THE COUNTY WHERE THE HOSPITAL IS
LOCATED FOR AN ORDER FOR CONTINUED INPATIENT TREATMENT AND CARE AT THE
DISCRETION OF THE PATIENT. THE HOSPITAL SHALL RETAIN THE PATIENT FOR
SUCH FURTHER PERIOD. THE COURT SHALL CAUSE WRITTEN NOTICE OF SUCH APPLI-
CATION TO BE GIVEN TO THE DIRECTOR AND A COPY THEREOF SHALL BE GIVEN
PERSONALLY OR BY MAIL TO THE PERSONS REQUIRED BY THIS ARTICLE TO BE
SERVED WITH NOTICE OF SUCH PATIENT'S INITIAL ADMISSION AND TO THE MENTAL
HYGIENE LEGAL SERVICE. SUCH NOTICE SHALL STATE THAT A HEARING MAY BE
REQUESTED AND THAT FAILURE TO MAKE SUCH A REQUEST WITHIN FIVE DAYS,
EXCLUDING SUNDAY AND HOLIDAYS, FROM THE DATE THAT THE NOTICE WAS GIVEN
TO THE DIRECTOR WILL PERMIT THE ENTRY WITHOUT A HEARING OF AN ORDER
AUTHORIZING CONTINUED INPATIENT TREATMENT AND CARE.
(B) IF NO REQUEST IS MADE FOR A HEARING ON BEHALF OF THE DIRECTOR
WITHIN FIVE DAYS, EXCLUDING SUNDAY AND HOLIDAYS, FROM THE DATE SUCH
NOTICE OF SUCH APPLICATION WAS GIVEN TO SUCH DIRECTOR, AND IF THE MENTAL
HYGIENE LEGAL SERVICE HAS NOT REQUESTED A HEARING, THE COURT RECEIVING
THE APPLICATION MAY, IF SATISFIED THAT THE PATIENT REQUIRES CONTINUED
INPATIENT CARE AND TREATMENT OR TRANSFER AND CONTINUED RETENTION, IMME-
DIATELY ISSUE AN ORDER AUTHORIZING CONTINUED INPATIENT TREATMENT AND
CARE FOR SUCH PATIENT IN SUCH HOSPITAL.
(C) UPON THE DEMAND OF THE PATIENT OR OF ANYONE ON THEIR BEHALF OR
UPON REQUEST OF THE MENTAL HYGIENE LEGAL SERVICE, THE COURT SHALL, OR
MAY ON ITS OWN MOTION, FIX A DATE FOR THE HEARING OF THE APPLICATION, IN
LIKE MANNER AS IS PROVIDED FOR HEARINGS IN SECTION 9.31 OF THIS ARTICLE.
THE PROVISIONS OF SUCH SECTION SHALL APPLY TO THE PROCEDURE FOR OBTAIN-
ING AND HOLDING A HEARING AND TO THE GRANTING OR REFUSAL TO GRANT AN
ORDER OF CONTINUED INPATIENT TREATMENT AND CARE BY THE COURT, EXCEPT
THAT IF THE PATIENT HAS ALREADY HAD A HEARING, THEY SHALL NOT HAVE THE
RIGHT TO DESIGNATE INITIALLY THE COUNTY IN WHICH THE HEARING SHALL BE
HELD.
(D) IF THE DIRECTOR OF A HOSPITAL, IN WHICH A PATIENT IS RETAINED
PURSUANT TO THE FOREGOING SUBDIVISIONS OF THIS SECTION, SHALL DETERMINE
THAT THE CONDITION OF SUCH PATIENT REQUIRES DISCHARGE, SUCH DIRECTOR
SHALL, IF SUCH PATIENT DOES NOT AGREE TO SUCH DISCHARGE, APPLY DURING
THE PERIOD OF RETENTION AUTHORIZED BY THE LAST ORDER OF THE COURT TO THE
SUPREME COURT OR THE COUNTY COURT IN THE COUNTY WHERE THE HOSPITAL IS
LOCATED FOR AN ORDER AUTHORIZING DISCHARGE OF SUCH PATIENT. THE PROCE-
DURES 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 PATIENT OR ANYONE ON SUCH PATIENT'S BEHALF OR
THE MENTAL HYGIENE LEGAL SERVICE MAY REQUEST THAT THE PATIENT BE BROUGHT
PERSONALLY BEFORE THE COURT.
(E) NOTHING IN THIS SECTION SHALL PROHIBIT THE PATIENT FROM VOLUNTAR-
ILY AGREEING TO SUCH DISCHARGE AT ANY TIME; PROVIDED, HOWEVER, THAT SUCH
PATIENT MAY NOT RECEIVE REMUNERATION TO AGREE TO SUCH DISCHARGE.
§ 9.36 REVIEW OF COURT AUTHORIZATION TO CONTINUED INPATIENT CARE AND
TREATMENT.
(A) IF A HOSPITAL THAT HAS BEEN ORDERED TO CONTINUE PROVISION OF INPA-
TIENT TREATMENT AND CARE BE DISSATISFIED WITH ANY SUCH ORDER, THE DIREC-
TOR MAY, DURING THE PERIOD OF AUTHORIZED CONTINUED TREATMENT AND CARE,
OBTAIN A REHEARING AND A REVIEW OF THE PROCEEDINGS ALREADY HAD AND OF
SUCH ORDER UPON A PETITION TO A JUSTICE OF THE SUPREME COURT OTHER THAN
THE JUDGE OR JUSTICE PRESIDING OVER THE COURT MAKING SUCH ORDER. SUCH
A. 2719--B 10
JUSTICE SHALL CAUSE A JURY TO BE SUMMONED AND SHALL TRY THE QUESTION OF
THE MENTAL ILLNESS AND THE NEED FOR RETENTION OF THE PATIENT SO AUTHOR-
IZED TO RECEIVE CONTINUED INPATIENT TREATMENT AND CARE. ANY SUCH DIREC-
TOR APPLYING FOR SUCH REVIEW MAY WAIVE THE TRIAL OF THE FACT BY A JURY
AND CONSENT IN WRITING TO TRIAL OF SUCH FACT BY THE COURT. IF THE
VERDICT OF THE JURY, OR THE DECISION OF THE COURT WHEN JURY TRIAL HAS
BEEN WAIVED, BE THAT SUCH PERSON DOES NOT HAVE A MENTAL ILLNESS OR IS
NOT IN NEED OF RETENTION THE JUSTICE SHALL FORTHWITH DISCHARGE SUCH
PATIENT, BUT IF THE VERDICT OF THE JURY, OR THE DECISION OF THE COURT
WHERE A JURY TRIAL HAS BEEN WAIVED, BE THAT SUCH PERSON IS IN NEED OF
RETENTION THE JUSTICE SHALL CERTIFY THAT FACT AND MAKE AN ORDER AUTHOR-
IZING CONTINUED INPATIENT TREATMENT AND CARE. SUCH ORDER SHALL BE
PRESENTED, AT THE TIME OF AUTHORIZATION, TO, AND FILED WITH, THE DIREC-
TOR, AND A COPY THEREOF SHALL BE FORWARDED TO THE DEPARTMENT BY SUCH
DIRECTOR AND FILED IN THE OFFICE THEREOF. PROCEEDINGS UNDER THE ORDER
SHALL NOT BE STAYED PENDING AN APPEAL THEREFROM, EXCEPT UPON AN ORDER OF
A JUSTICE OF THE SUPREME COURT, MADE UPON A NOTICE AND AFTER A HEARING,
WITH PROVISIONS MADE THEREIN FOR SUCH TEMPORARY CARE OR CONFINEMENT OF
THE ALLEGED PERSON WITH A MENTAL ILLNESS AS MAY BE DEEMED NECESSARY.
(B) NOTHING IN THIS SECTION SHALL PROHIBIT THE PATIENT FROM VOLUNTAR-
ILY AGREEING TO SUCH DISCHARGE AT ANY TIME; PROVIDED, HOWEVER, THAT SUCH
PATIENT MAY NOT RECEIVE REMUNERATION TO AGREE TO SUCH DISCHARGE.
§ 23. Section 29.19 of the mental hygiene law, as amended by chapter
408 of the laws of 1999, is amended to read as follows:
§ 29.19 Powers and duties [of peace officers acting pursuant to their
special duties and police officers] to apprehend, restrain,
and transport persons to facilities.
A person who has been committed or admitted to a department facility
or a hospital licensed or operated by the office of mental health and
who has been reported as escaped therefrom or from lawful custody, or
who resists or evades lawful custody; and any patient for whom the
director of a hospital operated by the office of mental health, or the
director's designee, has terminated a conditional release and ordered
such patient to return to such facility; and any patient for whom a
director of an assisted outpatient treatment program, as defined in
subdivision (a) of section 9.60 of this chapter, or the director's
designee, or anyone designated pursuant to section 9.37 of this chapter,
has directed the removal to a hospital pursuant to subdivision (n) of
section 9.60 of this chapter, may be apprehended, restrained, trans-
ported to, and returned to such school or hospital by any BEHAVIORAL
HEALTH WORKER OR HOMELESS OUTREACH WORKER, WHO MAY REQUEST THE ASSIST-
ANCE OF A peace officer, acting pursuant to [his] THEIR special duties,
or any police officer who is a member of an authorized police department
or force or of a sheriff's department, and it shall be the duty of any
such officer to assist any representative of a department or licensed
facility, or an assisted outpatient treatment program, to take into
custody any such person or patient upon the request of such represen-
tative, director or designee. NO OFFICER SHALL USE COERCIVE FORCE TO
TAKE A PERSON INTO CUSTODY OR PURSUE ANY SUCH PERSON WHO FLEES UNLESS
DIRECTED BY A BEHAVIORAL HEALTH WORKER OR HOMELESS OUTREACH WORKER, AND
IF SO DIRECTED MUST REFRAIN FROM ANY FURTHER COERCION OR PURSUIT AT SUCH
DIRECTION; PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY TO DETAINING A
PERSON ENGAGING IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM.
§ 24. Section 29.19 of the mental hygiene law, as amended by chapter
843 of the laws of 1980, is amended to read as follows:
A. 2719--B 11
§ 29.19 Powers and duties of peace officers acting pursuant to their
special duties and police officers to apprehend, restrain, and
transport persons to facilities.
A person who has been committed or admitted to a department facility
and who has been reported as escaped therefrom or from lawful custody,
or who resists or evades lawful custody, may be apprehended, restrained,
transported to, and returned to such school or hospital by any BEHAV-
IORAL HEALTH WORKER OR HOMELESS OUTREACH WORKER, WHO MAY REQUEST THE
ASSISTANCE OF A peace officer, acting pursuant to [his] THEIR special
duties, or any police officer, and it shall be the duty of any such
officer to assist any representative of a department facility to take
into custody any such person upon the request of such representative. NO
OFFICER SHALL USE COERCIVE FORCE TO TAKE A PERSON INTO CUSTODY OR PURSUE
ANY SUCH PERSON WHO FLEES UNLESS DIRECTED BY A BEHAVIORAL HEALTH WORKER
OR HOMELESS OUTREACH WORKER, AND IF SO DIRECTED MUST REFRAIN FROM ANY
FURTHER COERCION OR PURSUIT AT SUCH DIRECTION; PROVIDED, HOWEVER, THAT
THIS SHALL NOT APPLY TO DETAINING A PERSON ENGAGING IN BEHAVIOR LIKELY
TO RESULT IN SERIOUS HARM.
§ 25. Subdivisions (c) and (e) of section 29.27 of the mental hygiene
law, as amended by chapter 322 of the laws of 2021, are amended to read
as follows:
(c) An incarcerated individual-patient may be retained for care and
treatment in the facility designated by the commissioner for the period
stated in the order committing the incarcerated individual-patient to
the custody of the department unless sooner transferred or discharged in
accordance with law. If the incarcerated individual-patient requires
inpatient care and treatment for mental illness beyond such authorized
period SUCH PERSON MAY REQUEST AND SHALL RECEIVE MEDICALLY RECOMMENDED
SERVICES, IRRESPECTIVE OF ABILITY TO PAY. IF SUCH PERSON DOES NOT VOLUN-
TARILY ACCEPT TREATMENT, the director of the facility where [he or she
is] THEY ARE kept in custody shall apply for an order of retention or
subsequent orders of retention in accordance with the procedures set
forth in article nine of this chapter for the retention of patients. The
provisions of this chapter applying to the rights of patients with
respect to notices, hearings, judicial review, writ of habeas corpus,
and the services of the mental hygiene legal service shall apply to
incarcerated individual-patients except that in no case shall an incar-
cerated individual-patient be discharged or released from custody prior
to the time that such incarcerated individual-patient has completed [his
or her] THEIR term of imprisonment or that [his or her] THEIR release
from custodial confinement in the correctional facility or jail from
which [he or she] SUCH INDIVIDUAL was delivered to the department has
been duly authorized.
(e) When the director of the facility in which the incarcerated indi-
vidual-patient is in custody finds that the incarcerated individual-pa-
tient is no longer mentally ill or no longer requires hospitalization
for care and treatment, [he or she] THEY shall so notify the incarcerat-
ed individual-patient and commissioner of corrections and community
supervision or, in the case of an incarcerated individual-patient coming
from a jail or correctional institution operated by local government,
the officer in charge of the jail or correctional institution from which
the incarcerated individual-patient was committed. The commissioner of
corrections and community supervision or such officer, as the case may
be, shall immediately arrange to take such incarcerated individual-pa-
tient into custody and return [him or her] THEM to a correctional facil-
ity or to the jail or correctional institution operated by local govern-
A. 2719--B 12
ment. UPON RETURN TO THE CORRECTIONAL INSTITUTION, SUCH INCARCERATED
INDIVIDUAL SHALL BE ELIGIBLE FOR REVIEW FOR MERIT TERMINATION OF
SENTENCE AND DISCHARGE FROM PRESUMPTIVE RELEASE, PAROLE, CONDITIONAL
RELEASE AND RELEASE TO POST-RELEASE SUPERVISION PURSUANT TO SECTION
TWO HUNDRED FIVE OF THE CORRECTION LAW.
§ 26. Subdivision 1 of section 43 of the social services law, as
amended by chapter 458 of the laws of 1986, is amended and a new subdi-
vision 12 is added to read as follows:
1. [Within the limits of funds available in the homeless housing and
assistance fund, the] THE commissioner is hereby authorized to enter
into contracts with municipalities to provide state financial assistance
for the project costs attributable to the establishment of homeless
housing projects. The municipalities that enter into contracts with the
commissioner shall undertake the establishment of the homeless housing
project or shall contract with a not-for-profit corporation or charita-
ble organization to undertake the project, pursuant to this article.
12. NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
SION, NO MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THEREOF,
PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF
SHALL OPERATE, ENTER INTO OR RENEW A CONTRACT FOR ANY HOMELESS HOUSING
PROJECT INTENDED FOR OCCUPANCY MORE THAN NINETY DAYS OTHER THAN A SHEL-
TER COMPOSED OF SINGLE ROOM OCCUPANCY UNITS; PROVIDED, HOWEVER THAT THIS
SHALL NOT APPLY TO ANY HOMELESS HOUSING PROJECT EXCLUSIVELY FOR USE BY
INDIVIDUALS WHO CHANGE THEIR COUNTRY OF USUAL RESIDENCE TO SEEK TEMPO-
RARY OR PERMANENT RESIDENCE IN ANOTHER COUNTRY, AND WHO HAVE APPLIED FOR
ASYLUM UNDER 8 U.S. CODE § 1158, OR ARE ELIGIBLE TO APPLY.
§ 27. Subdivision 5 of section 45 of the social services law, as
amended by chapter 349 of the laws of 1994, is amended to read as
follows:
5. "Single room occupancy unit" shall mean a private room providing
living and sleeping space for no more than two persons with access to
bathing and toilet facilities, within a building or portion thereof
which is operated by an eligible applicant[; provided, however, that in
no event shall such unit be located in:
(a) hotels, motels or other dwellings occupied transiently;
(b) shelters for families or adults, as defined by the commissioner;
(c) residential facilities or institutions which are required to be
licensed by any state agency;
(d) college or school dormitories;
(e) clubhouses;
(f) housing intended for use primarily or exclusively by the employees
of a single company or institution; or
(g) convents or monasteries]; OR A LIVING AND SLEEPING SPACE FOR NO
MORE THAN ONE FAMILY THAT CONTAINS ITS OWN COOKING, BATHING, AND TOILET
FACILITIES FOR EXCLUSIVE USE BY SUCH FAMILY.
The unit itself may contain a kitchen and/or a bathroom.
§ 28. Subdivision 4 of section 81 of the social services law, as
amended by chapter 863 of the laws of 1977, is amended to read as
follows:
4. Such annual reports shall include an itemized statement of all
money received by the social services official and all money expended
[by him], and a detailed statement in regard to the recipients of public
assistance and care, AND OUTCOMES OF HOMELESS PERSONS SERVED THAT SHALL
INCLUDE BUT IS NOT LIMITED TO HOUSING STABILITY, BEHAVIORAL HEALTH
OUTCOMES, AND EMPLOYMENT. Town and city social services officers shall
furnish the county commissioner with all data, relating to their work
A. 2719--B 13
and persons in receipt of public assistance and care, necessary to
enable the county commissioner to make the reports required by the
department.
§ 29. Section 71-a of the correction law, as amended by chapter 322 of
the laws of 2021, is amended to read as follows:
§ 71-a. Transitional accountability plan. Upon admission of an incar-
cerated individual committed to the custody of the department under an
indeterminate or determinate sentence of imprisonment, the department
shall develop a transitional accountability plan. Such plan shall be a
comprehensive, dynamic and individualized case management plan based on
the programming and treatment needs of the incarcerated individual. The
purpose of such plan shall be to promote the rehabilitation of the
incarcerated individual and their successful and productive reentry and
reintegration into society upon release. To that end, such plan shall be
used to prioritize programming and treatment services for the incarcer-
ated individual during incarceration and any period of community super-
vision. The commissioner [may] SHALL consult with the office of mental
health, the office of [alcoholism and substance abuse] ADDICTION
services AND SUPPORTS, the board of parole, the department of health,
and other appropriate agencies in the development of transitional case
management plans.
§ 30. Paragraph (c) of subdivision 6 of section 72-a of the correction
law is REPEALED.
§ 31. Section 5 of chapter 554 of the laws of 1986, amending the
correction law and the penal law relating to providing for community
treatment facilities and establishing the crime of absconding from the
community treatment facility, as amended by section 22 of part A of
chapter 55 of the laws of 2023, is amended to read as follows:
§ 5. This act shall take effect immediately and shall remain in full
force and effect until September 1, [2025] 2027, and provided further
that the commissioner of correctional services shall report each January
first and July first during such time as this legislation is in effect,
to the [chairmen] CHAIR of the senate crime victims, crime and
correction committee, the senate codes committee, the assembly
correction committee, and the assembly codes committee, the number of
individuals who are released to community treatment facilities during
the previous six-month period, including the total number for each date
at each facility who are not residing within the facility, but who are
required to report to the facility on a daily or less frequent basis.
§ 32. Subdivisions 5 and 15 of section 201 of the correction law,
subdivision 5 as amended by chapter 484 of the laws of 2022, subdivision
15 as added by section 32 of subpart A of part C of chapter 62 of the
laws of 2011, are amended to read as follows:
5. The department shall assist incarcerated individuals eligible for
community supervision and individuals who are on community supervision
to secure employment, educational or vocational training, [and] housing
AND TREATMENT PURSUANT TO THE MENTAL HYGIENE LAW. Any program the
department requires a person on community supervision to take as a
condition of such supervision shall not unreasonably interfere with such
person's employment, educational or vocational training schedule unless
such program is a residential treatment program.
15. The commissioner shall provide an annual report to the temporary
president of the senate, the speaker of the assembly, the minority lead-
er of the senate and minority leader of the assembly, commencing January
first, two thousand twelve. Such report shall include but not be limited
to the number of persons: released to community supervision and the
A. 2719--B 14
release type; supervised on community supervision during the preceding
year; whose community supervision was revoked; returned to incarceration
for conviction of a new felony committed while on community supervision;
transferred out of state pursuant to the Interstate Compact for Adult
Supervision. In addition, the commissioner shall provide INFORMATION ON
BEHAVIORAL HEALTH AND HOUSING OUTCOMES, AND other available information
regarding community supervision to the temporary president of the
senate, the speaker of the assembly, the minority leader of the senate
and minority leader of the assembly upon request.
§ 33. Section 205 of the correction law is amended by adding a new
subdivision 1-a to read as follows:
1-A. A MERIT TERMINATION MAY BE GRANTED IF IT IS DETERMINED BY THE
DEPARTMENT THAT SUCH PERSON CANNOT BE REASONABLY EXPECTED TO REOFFEND IF
PROVIDED SERVICES PURSUANT TO THE SOCIAL SERVICES LAW OR THE MENTAL
HYGIENE LAW, AND SUCH PERSON IS NOT ON PRESUMPTIVE RELEASE, PAROLE,
CONDITIONAL RELEASE OR RELEASE TO POST-RELEASE SUPERVISION FROM A TERM
OF IMPRISONMENT IMPOSED FOR ANY OF THE FOLLOWING OFFENSES:
(A) MURDER IN THE FIRST DEGREE;
(B) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, KIDNAPPING IN THE FIRST
DEGREE, OR KIDNAPPING IN THE SECOND DEGREE, IN WHICH THE VICTIM IS LESS
THAN SEVENTEEN YEARS OLD AND THE OFFENDER IS NOT THE PARENT OF THE
VICTIM;
(C) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL LAW
INVOLVING THE PROSTITUTION OF A PERSON LESS THAN NINETEEN YEARS OLD; OR
(D) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL
LAW.
§ 34. Paragraph (c) of subdivision 1 of section 273 of the correction
law, as added by section 1 of part SS of chapter 56 of the laws of 2009,
is amended to read as follows:
(c) having verified community ties in one of the following areas:
employment[,]; permanent residence OR RECEIPT OF HOMELESSNESS INTER-
VENTION SERVICES; and family.
§ 35. Subdivision 6 of section 400 of the correction law, as added by
chapter 766 of the laws of 1976, is amended to read as follows:
(6) "Mental illness" means an affliction with a mental disease or
mental condition which is manifested by a disorder or disturbance in
behavior, feeling, thinking, or judgment to such an extent that the
person afflicted requires care and treatment; OR AN ADDICTIVE DISORDER
AS DEFINED IN THE MENTAL HYGIENE LAW.
§ 36. Section 401 of the correction law is amended by adding a new
subdivision 1-a to read as follows:
1-A. A MENTAL HEALTH CLINICIAN, OR THE HIGHEST RANKING FACILITY SECU-
RITY SUPERVISOR IN CONSULTATION WITH A MENTAL HEALTH CLINICIAN WHO HAS
INTERVIEWED THE INCARCERATED INDIVIDUAL, MAY DETERMINE THAT SUCH INCAR-
CERATED INDIVIDUAL CAN RECEIVE THERAPEUTIC PROGRAMMING AND/OR MENTAL
HEALTH TREATMENT IN AN OUTPATIENT FACILITY WITH AN APPROPRIATE OPERATING
CERTIFICATE WHILE LIVING OUT-OF-CELL IF SUCH INCARCERATED PERSON IS
REASONABLY SAFE TO BE AT-LARGE. SUCH DETERMINATION SHALL BE DOCUMENTED
IN WRITING.
§ 37. Subdivision 6 of section 401 of the correction law, as separate-
ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the
laws of 2021, is amended to read as follows:
6. The department shall ensure that the curriculum for new correction
officers, and other new department staff who will regularly work in
programs providing mental health treatment for incarcerated individuals,
shall include at least eight hours of training about the types and symp-
A. 2719--B 15
toms of mental illnesses, the goals of mental health treatment, the
prevention of suicide and training in how to effectively and safely
manage incarcerated individuals with mental illness. Such training may
be provided by the office of mental health or the justice center for the
protection of people with special needs. All department staff who are
transferring into a residential mental health treatment unit shall
receive a minimum of eight additional hours of such training, and eight
hours of annual training as long as they work in such a unit. All secu-
rity, program services, mental health and medical staff with direct
incarcerated individual contact shall receive training each year regard-
ing identification of, and care for, incarcerated individuals with
mental illnesses. The department shall provide additional training on
these topics on an ongoing basis as it deems appropriate. All staff
working in a residential mental health treatment unit shall also receive
the training mandated in paragraph (n) of subdivision six of section one
hundred thirty-seven of this chapter. ALL DEPARTMENT STAFF SHALL HAVE
THE OBLIGATION TO REPORT SIGNS OF MENTAL ILLNESS TO A SUPERVISOR.
§ 38. Subdivisions 1, 2, 3, 9 and 10 of section 402 of the correction
law, as amended by chapter 351, subdivisions 1, 2, 3 and 9 as separately
amended by chapter 322 of the laws of 2021, are amended and a new subdi-
vision 12-a is added to read as follows:
1. [Whenever the] THE physician of any correctional facility, any
county penitentiary, county jail or workhouse, any reformatory for
women, or of any other correctional institution, shall [report in writ-
ing to the superintendent that] CONDUCT A PERSONAL EXAMINATION AND
REVIEW MEDICAL RECORDS OF any person undergoing a sentence of imprison-
ment or adjudicated to be a youthful offender or juvenile delinquent
confined therein WITHIN FIVE DAYS OF SUCH PERSON'S INCARCERATION, AND
EVERY TWELVE MONTHS THEREAFTER. IF THE PHYSICIAN DETERMINES THAT THE
INCARCERATED PERSON has, in [his or her] SUCH PHYSICIAN'S opinion, a
mental illness, [such superintendent shall apply to a judge of the coun-
ty court or justice of the supreme court in the county to cause an exam-
ination to be made of such person by two examining physicians. Such
physicians shall be designated by the judge to whom the application is
made.] SUCH PHYSICIAN SHALL CAUSE AN EXAMINATION TO BE MADE OF SUCH
PERSON BY A SECOND EXAMINING PHYSICIAN WITHIN TWENTY-FOUR HOURS. Each
such physician, if satisfied, after a personal examination, that such
incarcerated individual has a mental illness and in need of care and
treatment, shall make a certificate to such effect. [Before making such
certificate, however, he or she shall consider alternative forms of care
and treatment available during confinement in such correctional facili-
ty, penitentiary, jail, reformatory or correctional institution that
might be adequate to provide for such incarcerated individual's needs
without requiring hospitalization.] If the examining physician knows
that the person [he or she is] THEY ARE examining has been under prior
treatment, [he or she] SUCH PHYSICIAN shall, insofar as possible,
consult with the physician or psychologist furnishing such prior treat-
ment prior to making [his or her] SUCH certificate.
2. In the city of New York, [if] WITHIN FIVE DAYS OF AN INDIVIDUAL'S
INCARCERATION AND EVERY TWELVE MONTHS THEREAFTER, the physician of a
workhouse, city prison, jail, penitentiary or reformatory [reports in
writing to the superintendent of such institution that a prisoner
confined therein, serving a sentence of imprisonment, in his or her
opinion] SHALL CONDUCT A PERSONAL EXAMINATION AND REVIEW MEDICAL RECORDS
OF SUCH INCARCERATED INDIVIDUAL. IF, IN THE OPINION OF SUCH PHYSICIAN,
THE INCARCERATED INDIVIDUAL has a mental illness, OR IF MEDICAL RECORDS
A. 2719--B 16
FOR SUCH INCARCERATED INDIVIDUAL DOCUMENT DIAGNOSIS OF AN ONGOING SERI-
OUS MENTAL ILLNESS, the superintendent of said institution shall either
transfer said [prisoner] INCARCERATED INDIVIDUAL to Bellevue or Kings
county hospital for observation as to [his or her] SUCH INDIVIDUAL'S
mental condition by two examining physicians or shall secure two examin-
ing physicians to make such examination AND REVIEW MEDICAL RECORDS in
[his] THE institution. Each such physician, if satisfied after a
personal examination [and], observation, AND REVIEW OF MEDICAL RECORDS
that the [prisoner] INDIVIDUAL has a mental illness [and] in need of
care and treatment, shall make a certificate to such effect. [Before
making such certificate, however, he or she shall consider alternative
forms of care and treatment available during confinement in such correc-
tional facility, penitentiary, jail, reformatory or correctional insti-
tution that might be adequate to provide for such incarcerated individ-
ual's needs without requiring hospitalization.] If the examining
physician knows that the person [he or she is] THEY ARE examining has
been under prior treatment, [he or she] THEY shall, insofar as possible,
consult with the physician or psychologist furnishing such prior treat-
ment prior to making [his or her] SUCH certificate.
3. Upon such certificates of the examining physicians being so made,
it shall be delivered to the superintendent who, IF THE INCARCERATED
INDIVIDUAL DOES NOT AGREE TO VOLUNTARY ADMISSION, shall thereupon apply
by petition forthwith to a judge of the county court or justice of the
supreme court in the county, annexing such certificate to [his or her]
THEIR petition, for an order committing such incarcerated individual to
a hospital for persons with a mental illness OR OUTPATIENT FACILITY WITH
AN APPROPRIATE OPERATING CERTIFICATE. Upon every such application for
such an order of commitment, notice thereof in writing, of at least five
days, together with a copy of the petition, shall be served personally
upon the alleged person with a mental illness, and in addition thereto
such notice and a copy of the petition shall be served upon either the
[wife, the husband, the father or mother] SPOUSE, PARENT or other near-
est relative of such alleged person with a mental illness, if there be
any such known relative within the state; and if not, such notice shall
be served upon any known friend of such alleged person with a mental
illness within the state. If there be no such known relative or friend
within the state, the giving of such notice shall be dispensed with, but
in such case the petition for the commitment shall recite the reasons
why service of such notice on a relative or friend of the alleged person
with a mental illness was dispensed with and, in such case, the order
for commitment shall recite why service of such a notice on a relative
or friend of the alleged person with a mental illness was dispensed
with. Copies of the notice, the petition and the certificates of the
examining physicians shall also be given the mental hygiene legal
service. The mental hygiene legal service shall inform the incarcerated
individual and, in proper cases, others interested in the incarcerated
individual's welfare, of the procedures for placement in a hospital OR
OUTPATIENT FACILITY HAVING AN APPROPRIATE OPERATING CERTIFICATE and of
the incarcerated individual's right to have a hearing, to have judicial
review with a right to a jury trial, to be represented by counsel and to
seek an independent medical opinion. The mental hygiene legal service
shall have personal access to such incarcerated individual for such
purposes.
9. Except as provided in subdivision two of this section pertaining to
[prisoners] INCARCERATED INDIVIDUALS confined in the city of New York,
an incarcerated individual of a correctional facility or a county jail
A. 2719--B 17
may be admitted on an emergency basis to the Central New York Psychiat-
ric Center upon the certification by two examining physicians, including
physicians employed by the office of mental health and associated with
the correctional facility in which such incarcerated individual is
confined, that the incarcerated individual suffers from a mental illness
which is likely to result in serious harm to [himself, herself] THEMSELF
or others as defined in subdivision (a) of section 9.39 of the mental
hygiene law. Any person so committed shall be delivered by the super-
intendent within a twenty-four hour period, to the director of the
appropriate hospital as designated in the rules and regulations of the
office of mental health. Upon delivery of such person to a hospital
operated by the office of mental health, IF SUCH PERSON DOES NOT AGREE
TO VOLUNTARY ADMISSION, a proceeding under this section shall immediate-
ly be commenced.
10. If the director of a hospital for persons with a mental illness
shall deem that the condition of such person with a mental illness
requires [his] further retention in a hospital [he] THE DIRECTOR shall,
during the period of retention authorized by the last order of the
court, apply to the supreme court or county court in the county where
such hospital is located, for an order authorizing continued retention
of such person with a mental illness. The procedures for obtaining any
order pursuant to this subdivision shall be in accordance with the
provisions of the mental hygiene law for the retention of involuntary
patients. A PERSON MAY BE DISCHARGED BEFORE THE END OF ANY SENTENCE OR
PERIOD OF RETENTION IF THE DIRECTOR DETERMINES IT IS MEDICALLY APPROPRI-
ATE AND SUCH PERSON IS NOT LIKELY TO REOFFEND.
12-A. PRIOR TO DISCHARGE, THE FACILITY DIRECTOR SHALL PROVIDE THE
DEPARTMENT WITH A TREATMENT PLAN DEEMED MEDICALLY APPROPRIATE AND THAT
SUPPORTS THE HOUSING STABILITY AND ECONOMIC WELL-BEING OF SUCH PERSON,
AND THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH MUST
APPROVE SUCH PLAN. IF THE DIRECTOR DETERMINES THAT NO PLAN IS NEEDED,
THEY SHALL PROVIDE A WRITTEN ATTESTATION TO THAT EFFECT.
§ 39. Subdivision 4 of section 404 of the correction law, as amended
by chapter 322 of the laws of 2021, is amended to read as follows:
4. Every incarcerated individual who has received mental health treat-
ment pursuant to this article within three years of [his or her] THEIR
anticipated release date from a state correctional facility shall be
provided with mental health discharge planning and, when necessary, [an
appointment with a mental health professional] A COURSE OF TREATMENT in
the community [who can prescribe] THAT CAN INCLUDE PRESCRIPTION medica-
tions following discharge and sufficient mental health medications and
prescriptions to bridge the period between discharge and such time as
such mental health professional may assume care of the patient. Incar-
cerated individuals who have refused mental health treatment may also be
provided mental health discharge planning and any necessary appointment
with a mental health professional.
§ 40. Subdivision 5 of section 201 of the correction law, as amended
by chapter 484 of the laws of 2022, is amended to read as follows:
5. The department shall assist incarcerated individuals eligible for
community supervision and individuals who are on community supervision
to secure employment, educational or vocational training, MENTAL HEALTH
TREATMENT, and housing. Any program the department requires a person on
community supervision to take as a condition of such supervision shall
not unreasonably interfere with such person's employment, educational or
vocational training schedule unless such program is a residential treat-
ment program.
A. 2719--B 18
§ 41. The judiciary law is amended by adding a new article 5-C to read
as follows:
ARTICLE 5-C
MENTAL HEALTH COURTS
SECTION 178. ESTABLISHMENT OF MENTAL HEALTH COURTS.
178-A. TRANSFER OF ACTIONS OR PROCEEDINGS TO SUPERIOR MENTAL
HEALTH COURTS.
178-B. TRANSFER OF ACTIONS OR PROCEEDINGS TO LOCAL MENTAL HEALTH
COURTS.
178-C. PROCEDURE IN A SUPERIOR MENTAL HEALTH COURT OR LOCAL
MENTAL HEALTH COURT UPON TRANSFER OF ACTIONS OR
PROCEEDINGS THERETO.
178-D. REPORTS.
§ 178. ESTABLISHMENT OF MENTAL HEALTH COURTS. 1. FOLLOWING CONSULTA-
TION WITH THE PRESIDING JUSTICE OF THE APPROPRIATE APPELLATE DIVISION,
THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH MENTAL HEALTH
COURTS IN SUPREME COURT OR COUNTY COURT ("SUPERIOR MENTAL HEALTH
COURTS") IN ANY COUNTY AND ASSIGN ONE OR MORE JUSTICES OR JUDGES TO
PRESIDE THEREIN. EACH SUPERIOR MENTAL HEALTH COURT SHALL HAVE AS ITS
PURPOSE THE HEARING AND DETERMINATION OF:
(A) CRIMINAL CASES THAT ARE COMMENCED IN THE SUPERIOR COURT AND THAT
ARE IDENTIFIED BY THE COURT AS APPROPRIATE FOR DISPOSITION BY A SUPERIOR
MENTAL HEALTH COURT; AND
(B) CRIMINAL CASES THAT ARE COMMENCED IN OTHER COURTS OF THE COUNTY,
AND THAT ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION BY A SUPERIOR
MENTAL HEALTH COURT AND TRANSFERRED TO THAT COURT AS PROVIDED FOR IN
SECTION ONE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE.
2. WHERE NECESSARY TO BEST UTILIZE AVAILABLE COURT AND COMMUNITY
RESOURCES FOR ACTIONS OR PROCEEDINGS INVOLVING DEFENDANTS WITH MENTAL
HEALTH PROBLEMS, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH
MENTAL HEALTH COURTS IN ONE OR MORE CITY OR DISTRICT COURTS OR TOWN OR
VILLAGE JUSTICE COURTS IN SUCH COUNTY, AND ASSIGN ONE OR MORE JUSTICES
OR JUDGES TO PRESIDE THEREIN. EACH LOCAL MENTAL HEALTH COURT SHALL HAVE
AS ITS PURPOSE THE HEARING AND DETERMINATION OF CRIMINAL ACTIONS OR
PROCEEDINGS THAT ARE COMMENCED IN A CITY OR DISTRICT COURT OR TOWN OR
VILLAGE JUSTICE COURT THAT ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION
BY A LOCAL MENTAL HEALTH COURT AND TRANSFERRED TO THAT COURT AS PROVIDED
FOR IN SECTION ONE HUNDRED SEVENTY-EIGHT-B OF THIS ARTICLE.
§ 178-A. TRANSFER OF ACTIONS OR PROCEEDINGS TO SUPERIOR MENTAL HEALTH
COURTS. 1. (A) A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A SUPERIOR
MENTAL HEALTH COURT HAS BEEN ESTABLISHED MAY, UPON MOTION OF THE DEFEND-
ANT, CAUSE COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH LOCAL
CRIMINAL COURT IN CONNECTION WITH A CRIMINAL ACTION OR PROCEEDING PEND-
ING THEREIN TO BE SENT TO THE SUPERIOR MENTAL HEALTH COURT:
(I) UPON OR AFTER ARRAIGNMENT OF THE DEFENDANT ON A LOCAL CRIMINAL
COURT ACCUSATORY INSTRUMENT BY WHICH SUCH ACTION OR PROCEEDING WAS
COMMENCED; OR
(II) UPON OR AFTER COMMENCEMENT OF A PROCEEDING BROUGHT AGAINST THE
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF CONDITIONAL DISCHARGE.
(B) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS, WHERE THERE IS A REASONABLE BELIEF THAT A DEFENDANT HAS A
SEVERE MENTAL ILLNESS, THE JUSTICE OR JUDGE PRESIDING IN THE SUPERIOR
MENTAL HEALTH COURT SHALL REVIEW THE MEDICAL RECORDS OF SUCH DEFENDANT
AND SHALL CAUSE A PSYCHIATRIC EVALUATION OF SUCH DEFENDANT. IF THE
DEFENDANT IS DETERMINED TO HAVE A SEVERE MENTAL ILLNESS, THE JUSTICE OR
A. 2719--B 19
JUDGE PRESIDING IN THE COURT SHALL ORDER TRANSFER, OF THE ACTION OR
PROCEEDING TO THE SUPERIOR MENTAL HEALTH COURT, ALL ORIGINATING PAPERS
SHALL BE SENT FROM THE ORIGINATING COURT TO THE SUPERIOR MENTAL HEALTH
COURT, AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE
JUSTICE OR JUDGE DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING
WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE, THEY SHALL NOTIFY THE
LOCAL CRIMINAL COURT FROM WHICH THE REFERENCE WAS RECEIVED OF SUCH
DETERMINATION, WHEREUPON ALL FURTHER PROCEEDINGS IN SUCH ACTION OR
PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
2. (A) AT ANY TIME WHILE A CRIMINAL ACTION OR PROCEEDING IS PENDING IN
A SUPERIOR COURT IN A COUNTY IN WHICH A SUPERIOR MENTAL HEALTH COURT HAS
BEEN ESTABLISHED, INCLUDING A PROCEEDING BROUGHT AGAINST DEFENDANT FOR
THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF
CONDITIONAL DISCHARGE, A JUDGE OR JUSTICE OF THE COURT IN WHICH THE
ACTION OR PROCEEDING IS PENDING MAY, UPON MOTION OF THE DEFENDANT, CAUSE
COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH COURT IN CONNECTION
WITH THE ACTION OR PROCEEDING TO BE SENT TO THE JUDGE OR JUSTICE PRESID-
ING IN THE SUPERIOR MENTAL HEALTH COURT FOR REVIEW OF THE APPROPRIATE-
NESS OF THE TRANSFER.
(B) NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE PAPERS
AND OTHER DOCUMENTS, THE JUDGE OR JUSTICE PRESIDING IN THE SUPERIOR
MENTAL HEALTH COURT SHALL DETERMINE WHETHER OR NOT A TRANSFER OF THE
ACTION OR PROCEEDING TO THE COURT WOULD PROMOTE THE ADMINISTRATION OF
JUSTICE. IF SUCH JUDGE OR JUSTICE DETERMINES THAT IT WOULD:
(I) SUCH JUDGE OR JUSTICE, IF SITTING IN SUPREME COURT, MAY ORDER SUCH
TRANSFER, IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR
DISPOSITION TO THE SUPERIOR MENTAL HEALTH COURT, ALL ORIGINAL PAPERS
SHALL BE SENT TO THE SUPERIOR MENTAL HEALTH COURT, AND ALL FURTHER
PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN; OR
(II) SUCH JUDGE OR JUSTICE, IF SITTING IN COUNTY COURT, SHALL SO NOTI-
FY THE JUDGE OF THE COURT WHO CAUSED THE PAPERS AND OTHER DOCUMENTS TO
BE SENT TO THEM, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH TRANSFER, IN
WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR DISPOSITION
TO THE SUPERIOR MENTAL HEALTH COURT, ALL ORIGINAL PAPERS SHALL BE SENT
FROM THE ORIGINATING COURT TO THE SUPERIOR MENTAL HEALTH COURT, AND ALL
FURTHER PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED
THEREIN. IF THE JUDGE OR JUSTICE PRESIDING IN THE SUPERIOR MENTAL HEALTH
COURT DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING WOULD NOT
PROMOTE THE ADMINISTRATION OF JUSTICE, SUCH JUDGE OR JUSTICE SHALL NOTI-
FY THE ORIGINATING COURT OF SUCH DETERMINATION, WHEREUPON ALL FURTHER
PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORD-
ANCE WITH LAW.
3. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
A JUDGE OR JUSTICE, WITH THE ADVICE AND CONSENT OF A PSYCHIATRIST AND A
SOCIAL SERVICES OFFICIAL, MAY ORDER INPATIENT MEDICAL TREATMENT, OUTPA-
TIENT TREATMENT, OR OTHER MEDICALLY RECOMMENDED TREATMENT, AND MAY ORDER
MONITORING FOR COMPLIANCE. FAILURE TO COMPLY WITH ANY SUCH ORDER MAY
RESULT IN A NEW HEARING. FAILURE TO COMPLY WITH ANY SUCH ORDER SHALL NOT
BE GROUNDS FOR INCARCERATION, PROBATION, OR FINES.
4. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
THE DEFENDANT SHALL BE NOTIFIED OF SOCIAL SERVICES AVAILABLE TO THEM.
§ 178-B. TRANSFER OF ACTIONS OR PROCEEDINGS TO LOCAL MENTAL HEALTH
COURTS. 1. A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A LOCAL MENTAL
HEALTH COURT HAS BEEN ESTABLISHED MAY, UPON MOTION OF THE DEFENDANT,
CAUSE COPIES OF PAPERS AND OTHER DOCUMENTS FILED IN SUCH LOCAL CRIMINAL
A. 2719--B 20
COURT IN CONNECTION WITH A CRIMINAL ACTION OR PROCEEDING THEREIN TO BE
SENT TO THE LOCAL MENTAL HEALTH COURT:
(A) UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON A LOCAL CRIMINAL COURT
ACCUSATORY INSTRUMENT BY WHICH SUCH ACTION OR PROCEEDING WAS COMMENCED;
OR
(B) UPON OR AFTER COMMENCEMENT OF A PROCEEDING BROUGHT AGAINST A
DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
A SENTENCE OF CONDITIONAL DISCHARGE.
2. NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
DOCUMENTS, THE JUSTICE OR JUDGE PRESIDING IN THE LOCAL MENTAL HEALTH
COURT, IN CONSULTATION WITH THE JUSTICE OR JUDGE IN THE COURT OF ORIGIN,
SHALL REVIEW THE MEDICAL RECORDS OF SUCH DEFENDANT AND SHALL CAUSE A
PSYCHIATRIC EVALUATION OF SUCH DEFENDANT. IF THE DEFENDANT IS DETERMINED
TO HAVE A SEVERE MENTAL ILLNESS, THE JUSTICE OR JUDGE PRESIDING IN THE
COURT SHALL ORDER TRANSFER, OF THE ACTION OR PROCEEDING SHALL BE TRANS-
FERRED TO THE LOCAL MENTAL HEALTH COURT, ALL ORIGINATING PAPERS SHALL
THEN BE SENT FROM THE COURT OF ORIGIN TO THE LOCAL MENTAL HEALTH COURT,
AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE PRESIDING
JUSTICE OR JUDGE IN THE LOCAL MENTAL HEALTH COURT OR THE JUSTICE OR
JUDGE PRESIDING IN THE COURT OF ORIGIN DETERMINES THAT A TRANSFER OF THE
ACTION OR PROCEEDING WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE,
THE ACTION OR PROCEEDING WILL NOT BE TRANSFERRED AND ALL FURTHER
PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORD-
ANCE WITH LAW.
3. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
A JUDGE OR JUSTICE, WITH THE ADVICE AND CONSENT OF A PSYCHIATRIST AND A
SOCIAL SERVICES OFFICIAL, MAY ORDER INPATIENT MEDICAL TREATMENT, OUTPA-
TIENT TREATMENT, OR OTHER MEDICALLY RECOMMENDED TREATMENT, AND MAY ORDER
MONITORING FOR COMPLIANCE. FAILURE TO COMPLY WITH ANY SUCH ORDER MAY
RESULT IN A NEW HEARING. FAILURE TO COMPLY WITH ANY SUCH ORDER SHALL NOT
BE GROUNDS FOR INCARCERATION, PROBATION, OR FINES.
4. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
THE DEFENDANT SHALL BE NOTIFIED OF SOCIAL SERVICES AVAILABLE TO THEM.
SUCH SERVICES SHALL INCLUDE, BUT ARE NOT LIMITED TO, EMPLOYMENT, HEALTH
CARE, MENTAL HEALTH CARE, EDUCATIONAL OR VOCATIONAL TRAINING, HOUSING,
AND ACCESS TO SUPPORTIVE OUTPATIENT FACILITIES SUCH AS CLUBHOUSES.
§ 178-C. PROCEDURE IN A SUPERIOR MENTAL HEALTH COURT OR LOCAL MENTAL
HEALTH COURT UPON TRANSFER OF ACTIONS OR PROCEEDINGS THERETO. EACH
ACTION OR PROCEEDING TRANSFERRED TO A SUPERIOR COURT AND REFERRED FOR
DISPOSITION TO A SUPERIOR MENTAL HEALTH COURT THEREOF AND EACH ACTION
TRANSFERRED TO A LOCAL COURT AND REFERRED FOR DISPOSITION IN A LOCAL
MENTAL HEALTH COURT THEREOF SHALL BE SUBJECT TO THE SAME SUBSTANTIVE AND
PROCEDURAL LAW AS WOULD HAVE APPLIED HAD THERE BEEN NO TRANSFER.
§ 178-D. REPORTS. EVERY FIVE YEARS THE OFFICE OF COURT ADMINISTRATION
SHALL PRODUCE A REPORT ON OUTCOMES ON DEFENDANTS IN MENTAL HEALTH COURTS
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, SUBSEQUENT ARRESTS, BEHAV-
IORAL HEALTH OUTCOMES, AND HOUSING STABILITY OF SUCH DEFENDANTS.
§ 42. Section 730.30 of the criminal procedure law, subdivision 3 as
amended by chapter 629 of the laws of 1974, is amended to read as
follows:
§ 730.30 Fitness to proceed; order of examination.
1. At any time after a defendant is arraigned upon an accusatory
instrument [other than a felony complaint and] before the imposition of
sentence, or at any time after a defendant is arraigned upon a felony
complaint [and before he is held for the action of the grand jury], IF
THE DEFENDANT PRODUCES RECORDS OR OTHER EVIDENCE OF A MEDICAL DIAGNOSIS
A. 2719--B 21
OF MENTAL ILLNESS OR MENTAL DISABILITY, OR IT IS OTHERWISE THE OPINION
OF THE COURT THAT THE DEFENDANT MAY BE AN INCAPACITATED PERSON, the
court [wherein the criminal action is pending must issue an order of
examination when it is of the opinion that the defendant may be an inca-
pacitated person] SHALL DIRECT SUCH DEFENDANT TO THE MENTAL HEALTH COURT
AS PROVIDED FOR IN ARTICLE FIVE-C OF THE JUDICIARY LAW. FOR PURPOSES OF
SUCH DETERMINATION, THE COURT MAY ISSUE AN ORDER OF EXAMINATION.
2. When the examination [reports] REPORT submitted to the court [show]
SHOWS that [each] THE psychiatric examiner is of the opinion that the
defendant is not an incapacitated person, the court may, on its own
motion, conduct a hearing to determine the issue of capacity, and it
must conduct a hearing upon motion therefor by the defendant or by the
district attorney. If no motion for a hearing is made, the criminal
action against the defendant must proceed. If, following a hearing, the
court is satisfied that the defendant is not an incapacitated person,
the criminal action against [him] SUCH DEFENDANT must proceed; if the
court is not so satisfied, it must issue a further order of examination
directing that the defendant be examined by A different psychiatric
[examiners] EXAMINER designated by the director.
3. When the examination reports submitted to the court show that each
psychiatric examiner is of the opinion that the defendant is an incapac-
itated person, the court [may, on its own motion, conduct a hearing to
determine the issue of capacity and it must conduct such hearing upon
motion therefor by the defendant or by the district attorney] SHALL
DIRECT SUCH DEFENDANT TO THE MENTAL HEALTH COURT WHEREIN THE CRIMINAL
ACTION IS PENDING.
4. When the examination reports submitted to the court show that the
psychiatric examiners are not unanimous in their opinion as to whether
the defendant is or is not an incapacitated person, or when the examina-
tion reports submitted to the superior court show that the psychiatric
examiners are not unanimous in their opinion as to whether the defendant
is or is not [a dangerous] AN incapacitated person WHO, WITH A COURSE OF
MEDICALLY RECOMMENDED TREATMENT, NONETHELESS HAS A HIGH PROBABILITY OF
ENGAGING IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM, the court must
conduct a hearing to determine the issue of capacity or [dangerousness]
SUCH LIKELIHOOD.
§ 43. Subdivision 9 of section 730.10 of the criminal procedure law,
as added by section 1 of part Q of chapter 56 of the laws of 2012, is
amended and three new subdivisions 10, 11 and 12 are added to read as
follows:
9. "Appropriate institution" means: (a) a hospital operated by the
office of mental health or a developmental center operated by the office
for people with developmental disabilities; [or] (b) a hospital licensed
by the department of health which operates a psychiatric unit licensed
by the office of mental health, as determined by the commissioner
[provided, however, that any]; OR (C) AN OUTPATIENT FACILITY HAVING AN
APPROPRIATE OPERATING CERTIFICATE. ANY such hospital OR OUTPATIENT
FACILITY that is not operated by the state [shall] MAY qualify as an
"appropriate institution" [only pursuant to the terms of an agreement
between the commissioner and the hospital] UPON THE CONSENT OF THE
HOSPITAL OR OUTPATIENT FACILITY. Nothing in this article shall be
construed as requiring a hospital OR OUTPATIENT FACILITY to consent to
providing care and treatment to an incapacitated person [at such hospi-
tal] IF ANOTHER APPROPRIATE INSTITUTION OFFERING COMPARABLE CARE AND
TREATMENT IS AVAILABLE.
A. 2719--B 22
10. "LIKELY TO RESULT IN SERIOUS HARM" HAS THE SAME MEANING AS DEFINED
IN SECTION 9.01 OF THE MENTAL HYGIENE LAW.
11. "MENTAL ILLNESS" HAS THE SAME MEANING AS DEFINED IN SECTION 1.03
OF THE MENTAL HYGIENE LAW.
12. "MENTAL DISABILITY" HAS THE SAME MEANING AS DEFINED IN SECTION
1.03 OF THE MENTAL HYGIENE LAW.
§ 44. The public health law is amended by adding a new article 30-D to
read as follows:
ARTICLE 30-D
EMERGENCY BEHAVIORAL HEALTH SERVICES
SECTION 3080. DESCRIPTION.
3081. DEFINITIONS.
3082. STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY
COMMITTEE.
§ 3080. DESCRIPTION. 1. EMERGENCY BEHAVIORAL HEALTH SERVICES IS A
SYSTEM FOR THE IMMEDIATE RECOGNITION AND MANAGEMENT OF SUDDEN ILLNESS OR
BEHAVIOR OF SOMEONE (A) WITH MENTAL ILLNESS OR MENTAL DISABILITY, (B)
WHO IS HOMELESS, OR (C) WHO IS ENGAGING IN BEHAVIOR THAT IS THE RESULT
OF SUBSTANCE USE DISORDER, AND ADDRESSES EMERGENCY MEDICAL DISPATCH,
PREHOSPITAL EMERGENCY CARE, IN-HOSPITAL EMERGENCY CARE, ADMISSION,
BEHAVIORAL HEALTH SERVICES, HOMELESSNESS INTERVENTION SERVICES, AND
HOUSING. SUCH RESPONSE SHALL CONSIST OF A TEAM INCLUDING, BUT NOT LIMIT-
ED TO, MEMBERS TRAINED IN EMERGENCY MEDICAL SERVICES, BEHAVIORAL HEALTH
SERVICES, ADDICTIVE DISORDER SERVICES, AND HOMELESSNESS INTERVENTION
SERVICES.
2. FOR THE PURPOSES OF SATISFYING THIS SECTION, TEAM MEMBERS MAY
INCLUDE INDIVIDUALS WHO HAVE EXPERIENCED MENTAL ILLNESS OR HOMELESSNESS.
SUCH TEAM SHALL NOT INCLUDE A POLICE OFFICER OR PEACE OFFICER, PROVIDED,
HOWEVER, THAT SUCH TEAM MAY REQUEST ONE FOR ACCOMPANIMENT OR INTER-
VENTION AT ANY TIME.
§ 3081. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE"
MEANS THE STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE
PROVIDED FOR BY THIS ARTICLE.
2. "STATE EMERGENCY MEDICAL SERVICES COUNCIL" MEANS THE STATE EMERGEN-
CY MEDICAL SERVICES COUNCIL ESTABLISHED UNDER ARTICLE THIRTY OF THIS
CHAPTER.
3. "STATE EMERGENCY MEDICAL ADVISORY COMMITTEE" MEANS THE STATE EMER-
GENCY MEDICAL ADVISORY COMMITTEE ESTABLISHED UNDER ARTICLE THIRTY OF
THIS CHAPTER.
4. "STATE TRAUMA ADVISORY COMMITTEE" MEANS THE STATE TRAUMA ADVISORY
COMMITTEE ESTABLISHED UNDER ARTICLE THIRTY-B OF THIS CHAPTER.
5. "MENTAL ILLNESS" HAS THE SAME MEANING AS DEFINED IN SECTION 1.03 OF
THE MENTAL HYGIENE LAW.
6. "MENTAL DISABILITY" HAS THE SAME MEANING AS DEFINED IN SECTION 1.03
OF THE MENTAL HYGIENE LAW.
7. "BEHAVIORAL HEALTH SERVICES" HAS THE SAME MEANING AS DEFINED IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
8. "ADDICTIVE DISORDER SERVICES" HAS THE SAME MEANING AS DEFINED IN
SECTION 1.03 OF THE MENTAL HYGIENE LAW.
9. "HOMELESSNESS INTERVENTION SERVICES" MEANS SERVICES RENDERED PURSU-
ANT TO SECTION FIFTY OF THE SOCIAL SERVICES LAW.
10. "ADMISSION" REFERS TO HOSPITALIZATION OF A PERSON WITH MENTAL
ILLNESS PURSUANT TO ARTICLE NINE OF THE MENTAL HYGIENE LAW.
§ 3082. STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE.
1. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT THE STATE EMERGENCY
A. 2719--B 23
BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE. IT SHALL CONSIST OF
BEHAVIORAL HEALTH AND HOMELESSNESS INTERVENTION ADVOCATES REPRESENTATIVE
OF ALL GEOGRAPHIC AREAS OF THE STATE; OF THOSE OCCUPATIONS REGULARLY
INVOLVED IN PROVISION OF COMPREHENSIVE BEHAVIORAL HEALTH SERVICES AND
HOMELESSNESS INTERVENTION SERVICES, OTHER THAN FOR-PROFIT PROVISION; AND
OF THOSE WITH EXPERIENCE RECEIVING SUCH SERVICES, APPOINTED BY THE
COMMISSIONER UPON RECOMMENDATION OF APPROPRIATE STATEWIDE PROFESSIONALS
OR ORGANIZATIONS, WHO SHALL SERVE FOR TERMS OF FOUR YEARS, WHICH MAY BE
RENEWED. IT SHALL ADVISE THE DEPARTMENT, THE COMMISSIONER, THE STATE
EMERGENCY MEDICAL SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL ADVISORY
COMMITTEE, AND THE STATE TRAUMA ADVISORY COMMITTEE REGARDING ALL ASPECTS
OF EMERGENCY BEHAVIORAL HEALTH SERVICES, INCLUDING, BUT NOT LIMITED TO,
EMERGENCY MEDICAL DISPATCH, PREHOSPITAL EMERGENCY CARE, IN-HOSPITAL
EMERGENCY CARE, ADMISSION, BEHAVIORAL HEALTH SERVICES, HOMELESSNESS
INTERVENTION SERVICES, AND HOUSING. THE STATE EMERGENCY MEDICAL SERVICES
DIRECTOR, THE STATE EMERGENCY MEDICAL SERVICES MEDICAL DIRECTOR, THE
STATE TRAUMA MEDICAL DIRECTOR, THE STATE TRAUMA PROGRAM MANAGER, AND THE
GOVERNOR'S HIGHWAY TRAFFIC SAFETY ADMINISTRATOR, SHALL ALSO SERVE AS
NONVOTING EX-OFFICIO MEMBERS.
2. THE STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE
SHALL MEET AS FREQUENTLY AS ITS BUSINESS MAY REQUIRE, BUT ORDINARILY NO
LESS THAN QUARTERLY. THE MEMBERS OF THE STATE EMERGENCY BEHAVIORAL
HEALTH SERVICES ADVISORY COMMITTEE SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES AS MEMBERS, BUT EACH SHALL BE ALLOWED THE NECESSARY AND
ACTUAL EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS
SECTION.
3. THE COMMISSIONER SHALL DESIGNATE AN OFFICER OR EMPLOYEE OF THE
DEPARTMENT TO ASSIST THE STATE EMERGENCY BEHAVIORAL HEALTH SERVICES
ADVISORY COMMITTEE IN THE PERFORMANCE OF ITS DUTIES UNDER THIS SECTION,
TO COORDINATE THE ACTIVITIES OF THE STATE EMERGENCY BEHAVIORAL HEALTH
SERVICES ADVISORY COMMITTEE AND TO FACILITATE COMMUNICATION BETWEEN THE
STATE EMERGENCY HEALTH SERVICES COUNCIL, THE STATE EMERGENCY MEDICAL
ADVISORY COMMITTEE, AND THE STATE TRAUMA ADVISORY COMMITTEE.
4. IN NO EVENT SHALL ANY MEMBER, OFFICER, OR EMPLOYEE OF THE STATE
EMERGENCY BEHAVIORAL HEALTH SERVICES COMMITTEE BE LIABLE FOR DAMAGES IN
ANY CIVIL ACTION FOR ANY ACT DONE, FAILURE TO ACT, OR STATEMENT OR OPIN-
ION MADE, WHILE DISCHARGING DUTIES AS A MEMBER, OFFICER, OR EMPLOYEE OF
THE STATE EMERGENCY BEHAVIORAL HEALTH SERVICES ADVISORY COMMITTEE IF
THEY SHALL HAVE ACTED IN GOOD FAITH, WITH REASONABLE CARE.
§ 45. Subdivision 1 of section 602 of the public health law is amended
by adding a new paragraph (g) to read as follows:
(G) MENTAL HEALTH SERVICES.
§ 46. The administrative code of the city of New York is amended by
adding two new sections 21-335 and 21-336 to read as follows:
§ 21-335 MOBILE DEVICES AND POST OFFICE BOXES. 1. EVERY HOMELESS
PERSON, OR ONE INDIVIDUAL IN A FAMILY WHICH IS IDENTIFIED AS HOMELESS
SHALL BE ENTITLED TO A MOBILE PHONE CAPABLE OF AT LEAST SHORT MESSAGE
SERVICE (SMS) AND ELECTRONIC MAIL.
2. EVERY HOMELESS PERSON, OR ONE INDIVIDUAL IN A FAMILY WHICH IS IDEN-
TIFIED AS HOMELESS SHALL BE ENTITLED TO A POST OFFICE BOX OR OTHER MAIL-
ING ADDRESS.
§ 21-336 SHELTER SYSTEMS STUDY. AT LEAST ONCE EVERY FIVE YEARS, THE
COMMISSIONER SHALL UNDERTAKE A DYNAMIC STUDY ON NEEDED IMPROVEMENTS TO
THE SHELTER SYSTEM. SUCH STUDY SHALL BE CONDUCTED BY FOLLOWING THE
ATTEMPTS OF AT LEAST FIVE CONTRACTED PERSONS, POSING AS HOMELESS INDI-
VIDUALS, AS THEY ATTEMPT TO SEEK PERMANENT HOUSING AND SERVICES. THE
A. 2719--B 24
COMMISSIONER SHALL PRODUCE A REPORT ON THOSE PROCESSES AND MAKE RECOM-
MENDATIONS FOR IMPROVEMENTS.
§ 47. Section 17-199.26 of the administrative code of the city of New
York, as added by local law number 108 of the city of New York for the
year 2023, and as renumbered by local law number 100 for the city of New
York for the year 2024, is amended to read as follows:
§ 17-199.26 Mental health and behavioral health services outreach and
education. The department shall establish and implement an outreach and
education campaign to raise public awareness about programs that provide
low-cost and no-cost mental health services to New Yorkers who do not
qualify for or cannot afford health insurance based on federal guide-
lines. Such outreach and education shall include, as applicable, an
explanation of how individuals may access such services, including, but
not limited to, through referrals from primary care providers. The mate-
rials for such outreach and education campaign shall be made available
in English and the designated citywide languages, as defined in section
23-1101. THE DEPARTMENT SHALL PROVIDE PAMPHLETS AND CONSPICUOUSLY
DISPLAY INFORMATION ON THE PROGRAM IN ALL CITY AGENCY BUILDINGS,
SCHOOLS, SHELTERS, AND AT HOSPITALS OPERATED BY THE NEW YORK CITY HEALTH
AND HOSPITALS CORPORATION.
§ 48. The administrative code of the city of New York is amended by
adding a new section 21-304.1 to read as follows:
§ 21-304.1 APPLICATION; PROCESS. 1. TO THE MAXIMUM EXTENT POSSIBLE:
A. THE COMMISSIONER SHALL DEVELOP A SINGLE APPLICATION FOR ALL
PROGRAMS UNDER THIS CHAPTER, OR, IN THE ALTERNATIVE, A PROCESS WHEREBY
THE INFORMATION PROVIDED BY AN APPLICANT IN A SINGLE APPLICATION CAN BE
POPULATED INTO OTHER APPLICATIONS.
B. AN APPLICATION FOR SERVICES SHALL NOT BE CLOSED DUE TO A MISSED
APPOINTMENT OR OTHER NONCOMPLIANCE.
C. AN APPLICANT SHALL BE PRESUMED ELIGIBLE FOR SERVICES UNDER THIS
CHAPTER AND SHALL RECEIVE SUCH SERVICES PENDING VERIFICATION. IF THE
APPLICANT IS SUBSEQUENTLY DEEMED INELIGIBLE, THE COMMISSIONER MAY
PROVIDE ALTERNATIVE SERVICES. IF THE APPLICANT IS FOUND TO BE IN
VIOLATION OF ANY PROVISIONS OF ARTICLE ONE HUNDRED FIFTY-EIGHT OF THE
PENAL LAW RELATING TO THE RECEIPT OF SERVICES UNDER THIS CHAPTER, THE
COMMISSIONER MAY DISCONTINUE SERVICES AND RECOVER CIVIL DAMAGES PURSUANT
TO SECTION ONE HUNDRED FORTY-FIVE-B OF THE SOCIAL SERVICES LAW.
§ 49. Section 21-314 of the administrative code of the city of New
York, as added by local law number 57 for the city of New York for the
year 1998, and as renumbered by local law number 19 for the city of New
York for the year 1999, is amended to read as follows:
§ 21-314 Case management services. [The] WITHIN FOURTEEN DAYS OF
ADMISSION, THE commissioner shall provide case management services to
all persons assigned to stay at the department's facilities or the
facilities of organizations contracting with the department who are
either waiting for the department to determine their eligibility for
shelter or are receiving such shelter. Such case management services
shall include, but not be limited to, assistance obtaining (a) medical
treatment, (b) federal, state and local government documents including,
but not limited to, birth certificates, marriage licenses, and housing
records, [and] (c) food, medicine and other necessary supplies, (D)
PERMANENT HOUSING, AND (E) OUTPATIENT SERVICES INCLUDING CLUBHOUSES; and
shall address issues such as domestic violence, child abuse and mental
illness[, when needed] THAT SHALL INCLUDE TRANSFERRING SUCH PERSONS TO
MEDICALLY RECOMMENDED TREATMENT. UPON REQUEST BY SUCH PERSON, AN EXAMIN-
ING PHYSICIAN WILL PERFORM A PSYCHIATRIC EVALUATION AND REVIEW MEDICAL
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RECORDS OF EACH SUCH PERSON, AND SHALL REFER SUCH PERSON TO MEDICALLY
RECOMMENDED TREATMENT.
§ 50. Paragraphs 1, 10 and 11 of subdivision b of section 21-332 of
the administrative code of the city of New York, as added by local law
number 62 of the city of New York for the year 2023, are amended and a
new paragraph 12 is added to read as follows:
1. The right to shelter, WHICH SHALL NOT BE CONTINGENT UPON A PERSON
UNDERGOING ADDICTIVE DISORDER SERVICES;
10. The requirement that a shelter comply with the environmental stan-
dards set forth in section 491.18 of title 18 of the New York codes,
rules and regulations and section 900.18 of such title, as applicable;
[and]
11. THE RIGHT TO MENTAL HEALTH TREATMENT;
12. THE RIGHT TO A MOBILE PHONE AND A POST OFFICE BOX OR OTHER MAILING
ADDRESS; AND
13. Any other information the department deems appropriate.
§ 51. Section 21-148 of the administrative code of the city of New
York is amended by adding a new subdivision d to read as follows:
D. THE COMMISSIONER OF SOCIAL SERVICES SHALL CAUSE TO BE PERFORMED AN
AUDIT TO IDENTIFY ALL VACANT UNITS OF SUPPORTIVE HOUSING IN THE CITY,
DETERMINE THE REASONS FOR SUCH VACANCIES, AND MAKE RECOMMENDATIONS FOR
ACTIONS, POLICIES AND PROCEDURES FOR THE IMMEDIATE OR TIMELY FILLING OF
SUCH VACANCIES.
§ 52. Subdivisions 5 and 8 of section 220.00 of the penal law, subdi-
vision 5 as amended by chapter 92 of the laws of 2021 and subdivision 8
as amended by section 18 of part C of chapter 447 of the laws of 2012,
are amended to read as follows:
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law OTHER THAN BUPRENORPHINE.
8. "Narcotic preparation" means any controlled substance listed in
schedule II(b-1), III(d) or III(e), OTHER THAN BUPRENORPHINE.
§ 53. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
§ 54. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that:
(a) the amendments to section 9.48 of the mental hygiene law made by
section five of this act shall not affect the expiration and repeal of
such section and shall expire and be deemed repealed therewith;
(b) the amendments to subdivision (a) of section 9.47 of the mental
hygiene law made by section fourteen of this act shall be subject to the
expiration and reversion of such subdivision when upon such date the
provisions of section fifteen of this act shall take effect;
(c) the amendments to section 29.19 of the mental hygiene law made by
section twenty-three of this act shall be subject to the expiration and
reversion of such section when upon such date the provisions of section
twenty-four of this act shall take effect; and
(d) provided, however, that if local law number 100 of the city of New
York for the year 2024 shall not have taken effect on or before such
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date then section forty-seven of this act shall take effect on the same
date and in the same manner as such local law of the laws of 2024 takes
effect.