S T A T E O F N E W Y O R K
________________________________________________________________________
9185
I N S E N A T E
February 12, 2026
___________
Introduced by Sen. CHAN -- 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 strengthening
assisted outpatient treatment, discharge planning, and post-incident
reassessment; and providing for the protection of due process and
least-restrictive care
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 and may be cited as
the "involuntary care continuity and safety act of 2026".
§ 2. Legislative findings and purpose. The legislature finds that
reforms regarding involuntary commitment enacted in May 2025 expanded
the definition of likelihood to result in serious harm, broadened clin-
ical certifiers, and eased re-filing of assisted outpatient treatment
(AOT). Remaining gaps occur at discharge and after high-risk community
incidents, resulting in repeat hospitalizations, cycles of victimiza-
tion, and instability for individuals with serious mental illness. This
act closes those gaps by: (i) requiring standardized AOT eligibility
review prior to discharge from specified involuntary admissions; (ii)
authorizing narrowly tailored twelve-month initial AOT orders for
repeat-cycle or violence-risk cohorts with mid-term case review; (iii)
strengthening conditional release planning; and (iv) mandating rapid
court reassessment after violent arrests or serious dangerous incidents.
The act preserves due process, clinical discretion, and the least-res-
trictive alternative consistent with Olmstead v. L.C., 527 U.S. 581
(1999).
§ 3. Subdivision (e) of section 9.60 of the mental hygiene law is
amended by adding a new paragraph 1-a to read as follows:
(1-A) (I) PRIOR TO THE DISCHARGE OF A PERSON ADMITTED OR RETAINED
PURSUANT TO SECTION 9.27, 9.33 OR 9.39 OF THIS ARTICLE, THE DIRECTOR OF
THE HOSPITAL, OR THE DIRECTOR'S DESIGNEE, SHALL ENSURE COMPLETION OF A
STANDARDIZED ASSISTED OUTPATIENT TREATMENT ELIGIBILITY REVIEW ("AOT
DISCHARGE REVIEW").
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14242-01-5
S. 9185 2
(II) THE COMMISSIONER SHALL PRESCRIBE BY REGULATION A UNIFORM CHECK-
LIST TO BE USED STATEWIDE WHICH SHALL CONSIDER, AT A MINIMUM: (A) HISTO-
RY OF TREATMENT NON-ADHERENCE; (B) TWO OR MORE EMERGENCY DEPARTMENT
PRESENTATIONS OR HOSPITAL ADMISSIONS WITHIN THE PRECEDING TWENTY-FOUR
MONTHS; (C) ACTS, THREATS, OR ATTEMPTS OF SERIOUS PHYSICAL HARM TO SELF
OR OTHERS OR OTHER DOCUMENTED VIOLENT CONDUCT; AND (D) RECENT MATERIAL
DETERIORATION, INCLUDING INABILITY TO MEET BASIC LIVING NEEDS CONSISTENT
WITH THE SERIOUS-HARM STANDARD.
(III) IF, BASED ON THE AOT DISCHARGE REVIEW AND CLINICAL JUDGMENT, THE
PERSON IS BELIEVED TO MEET THE CRITERIA OF THIS SECTION, THE DIRECTOR OF
THE HOSPITAL SHALL, PRIOR TO DISCHARGE, FILE A PETITION PURSUANT TO
PARAGRAPH ONE OF THIS SUBDIVISION IN THE SUPREME OR COUNTY COURT OF THE
COUNTY WHERE THE PERSON IS PRESENT OR IS EXPECTED TO RESIDE UPON
DISCHARGE. THE FILING OF A PETITION SHALL NOT, BY ITSELF, DELAY A CLIN-
ICALLY APPROPRIATE DISCHARGE; PROVIDED, HOWEVER, THAT THE HOSPITAL SHALL
COORDINATE INTERIM SERVICES TO AVOID GAPS IN CARE PENDING HEARING.
(IV) UPON FILING, THE HOSPITAL SHALL PROVIDE WRITTEN NOTICE TO THE
PERSON, TO THE MENTAL HYGIENE LEGAL SERVICE, AND TO APPOINTED OR
RETAINED COUNSEL, IF ANY, AND SHALL TRANSMIT THE AOT DISCHARGE REVIEW
AND SUPPORTING CLINICAL AFFIDAVIT. THE HEARING SHALL BE SET IN ACCORD-
ANCE WITH SUBDIVISION (H) OF THIS SECTION.
(V) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO MANDATE PETITION-
ING WHERE THE TREATMENT TEAM DETERMINES, AND DOCUMENTS, THAT AOT IS NOT
CLINICALLY INDICATED AND THAT A VOLUNTARY PLAN WITH APPROPRIATE COMMUNI-
TY SUPPORTS IS REASONABLY EXPECTED TO SUFFICE.
§ 4. Subdivision (j) of section 9.60 of the mental hygiene law is
amended by adding a new paragraph 2-a to read as follows:
(2-A) NOTWITHSTANDING PARAGRAPH TWO OF THIS SUBDIVISION, WHERE THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE SUBJECT OF THE
PETITION:
(I) HAS HAD TWO OR MORE INVOLUNTARY ADMISSIONS PURSUANT TO SECTIONS
9.27, 9.33 OR 9.39 OF THIS ARTICLE WITHIN THE PRECEDING TWENTY-FOUR
MONTHS; OR
(II) HAS ENGAGED IN AN ACT, THREAT, OR ATTEMPT OF SERIOUS PHYSICAL
HARM TO SELF OR OTHERS WITHIN THE PRECEDING TWELVE MONTHS; OR
(III) IS BEING DISCHARGED PURSUANT TO PARAGRAPH (C) OF SECTION 9.01 OF
THIS ARTICLE, TOGETHER WITH A DOCUMENTED PATTERN OF NON-ADHERENCE TO
RECOMMENDED TREATMENT.
THE COURT SHALL ISSUE AN INITIAL ASSISTED OUTPATIENT TREATMENT ORDER
FOR A PERIOD OF TWELVE MONTHS, PROVIDED THAT SUCH ORDER IS THE LEAST
RESTRICTIVE ALTERNATIVE APPROPRIATE AND FEASIBLE FOR THE SUBJECT. THE
COURT SHALL MAKE SPECIFIC FINDINGS SUPPORTING THE APPLICABILITY OF THIS
PARAGRAPH.
§ 5. Subdivision (j) of section 9.60 of the mental hygiene law is
amended by adding a new paragraph 7 to read as follows:
(7) FOR INITIAL ORDERS EXCEEDING SIX MONTHS PURSUANT TO PARAGRAPH TWO
OF THIS SUBDIVISION, THE TREATING SERVICE SHALL CONDUCT AND FILE WITH
THE COURT AND COUNSEL A MID-TERM CASE REVIEW AT OR ABOUT ONE HUNDRED
EIGHTY DAYS AFTER ENTRY OF THE ORDER. UPON REVIEW, THE COURT MAY, ON
MOTION OF ANY PARTY AND AFTER HEARING IF REQUESTED, MODIFY CONDITIONS OR
CONVERT THE REMAINING TERM TO A PERIOD NOT TO EXCEED SIX ADDITIONAL
MONTHS WHERE SUSTAINED STABILITY AND ADHERENCE ARE DEMONSTRATED.
§ 6. Section 29.15 of the mental hygiene law is amended by adding four
new subdivisions (p), (q), (r) and (s) to read as follows:
(P) FOR ANY PERSON DISCHARGED FROM AN INPATIENT PSYCHIATRIC UNIT OPER-
ATED OR LICENSED BY THE OFFICE OF MENTAL HEALTH FOLLOWING ADMISSION
S. 9185 3
UNDER ARTICLE NINE OF THIS CHAPTER, THE DIRECTOR SHALL ENSURE COMPLETION
OF A WRITTEN COMMUNITY ADHERENCE PLAN ("CAP") TO ACCOMPANY THE
DISCHARGE. THE CAP SHALL SPECIFY, AS CLINICALLY APPROPRIATE: (I)
PSYCHOTROPIC MEDICATIONS AND MONITORING SCHEDULE; (II) SCHEDULED OUTPA-
TIENT VISITS AND CARE COORDINATION CONTACTS; (III) HOUSING DISPOSITION
AND RESPONSIBLE PROVIDER CONTACT; (IV) CRISIS AND AFTER-HOURS CONTACTS;
AND (V) ARRANGEMENTS FOR AN INITIAL STAFF OUTREACH WITHIN SEVENTY-TWO
HOURS OF DISCHARGE TO CONFIRM RECEIPT OF SERVICES, MEDICATION ACCESS,
AND HOUSING PLACEMENT. THE CAP SHALL BE PROVIDED TO THE PERSON, TO COUN-
SEL, TO THE LOCAL GOVERNMENTAL UNIT, AND TO RELEVANT COMMUNITY PROVID-
ERS, CONSISTENT WITH CONFIDENTIALITY LAWS.
(Q) WHERE, AFTER DISCHARGE, THERE IS CREDIBLE CLINICAL INFORMATION OF
SUBSTANTIAL NON-COMPLIANCE WITH A COMMUNITY ADHERENCE PLAN THAT PRESENTS
A SIGNIFICANT RISK OF SERIOUS DETERIORATION OR SERIOUS HARM, THE DIREC-
TOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIGNEE MAY INITIATE A
RECALL FOR EVALUATION TO A DESIGNATED EMERGENCY ROOM OR COMPREHENSIVE
PSYCHIATRIC EMERGENCY PROGRAM. THE PERSON SHALL BE ADVISED OF THE BASIS
FOR RECALL, AND TRANSPORTATION SHALL BE ARRANGED CONSISTENT WITH SECTION
9.45 OF THIS CHAPTER OR OTHER APPLICABLE PROVISIONS. JUDICIAL REVIEW
SHALL BE AVAILABLE WITHIN SEVENTY-TWO HOURS OF ARRIVAL UPON APPLICATION
BY THE PERSON OR COUNSEL, AT WHICH TIME THE COURT MAY ORDER CONTINUED
EVALUATION, MODIFICATION OF CONDITIONS, INITIATION OR MODIFICATION OF AN
ASSISTED OUTPATIENT TREATMENT ORDER, OR DISCHARGE TO COMMUNITY SERVICES.
NOTHING IN THIS SUBDIVISION LIMITS EXISTING AUTHORITY UNDER SECTIONS
9.39, 9.40, 9.41 OR 9.45 OF THIS CHAPTER.
(R) FOR DISCHARGES MEETING CRITERIA SET FORTH IN PARAGRAPH TWO OF
SUBDIVISION (J) OF SECTION 9.60 OF THIS CHAPTER (TWELVE-MONTH INITIAL
ORDERS), THE DIRECTOR OF COMMUNITY SERVICES SHALL FILE A NINETY-DAY
PROGRESS UPDATE WITH THE COURT THAT ENTERED ANY ACTIVE ASSISTED OUTPA-
TIENT TREATMENT ORDER, OR, IF NONE, WITH THE SUPREME OR COUNTY COURT OF
THE COUNTY OF RESIDENCE, COPYING THE PERSON AND COUNSEL. SUCH UPDATE
SHALL ADDRESS ADHERENCE, SERVICE ENGAGEMENT, HOUSING STABILITY, AND ANY
MATERIAL INCIDENTS.
(S) ALL COMMUNITY ADHERENCE PLANS SHALL BE DESIGNED TO PROVIDE
SERVICES IN THE LEAST RESTRICTIVE SETTING APPROPRIATE TO THE PERSON'S
NEEDS AND SHALL NOT CONDITION ACCESS TO SERVICES ON COMPLIANCE WITH
HOUSING OR PROGRAM RULES THAT EXCEED LAWFUL AND CLINICALLY NECESSARY
REQUIREMENTS.
§ 7. Section 9.60 of the mental hygiene law is amended by adding a new
subdivision (t) to read as follows:
(T) MANDATORY REASSESSMENT AFTER VIOLENT ARREST OR SERIOUS DANGEROUS
INCIDENT. (1) WHERE A PERSON SUBJECT TO AN ORDER UNDER THIS SECTION IS
(I) ARRESTED FOR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE
OF SECTION 70.02 OF THE PENAL LAW, OR (II) IS CREDIBLY REPORTED BY LAW
ENFORCEMENT OR A TREATING PROVIDER TO HAVE ENGAGED IN A SERIOUS DANGER-
OUS INCIDENT INVOLVING SERIOUS PHYSICAL INJURY, USE OF A DEADLY WEAPON,
FORCIBLE SEXUAL OFFENSE, ARSON, OR CONDUCT CREATING A SUBSTANTIAL RISK
OF SUCH INJURY, THE DIRECTOR OF COMMUNITY SERVICES SHALL, WITHIN FIVE
BUSINESS DAYS, FILE A PETITION SEEKING REASSESSMENT. A DIRECTOR OF A
HOSPITAL MAY FILE SUCH PETITION WHEN THE PERSON IS CURRENTLY ADMITTED OR
UNDER THE HOSPITAL'S CONDITIONAL-RELEASE AUTHORITY.
(2) UPON NOTICE AND HEARING, THE COURT MAY MODIFY ASSISTED OUTPATIENT
TREATMENT CONDITIONS, IMPOSE ENHANCED MONITORING, CONVERT TO OR EXTEND
INPATIENT EVALUATION OR ADMISSION UNDER ARTICLE NINE WHERE STATUTORY
STANDARDS ARE MET, OR TAKE SUCH OTHER ACTION AS IS AUTHORIZED BY LAW AND
CONSISTENT WITH DUE PROCESS AND LEAST-RESTRICTIVE CARE.
S. 9185 4
(3) THE COMMISSIONER, IN CONSULTATION WITH THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND STATEWIDE ASSOCIATIONS REPRESENTING SHERIFFS AND
POLICE CHIEFS, SHALL PROMULGATE REGULATIONS ESTABLISHING PROCEDURES FOR
CLINICAL ASSESSMENT AND, WHERE INDICATED, TRANSFER FROM A LOCAL CORREC-
TIONAL FACILITY TO A HOSPITAL PURSUANT TO THIS ARTICLE, INCLUDING
EXCHANGE OF INFORMATION NECESSARY FOR CONTINUITY OF MEDICATIONS AND
TREATMENT.
§ 8. Section 29.15 of the mental hygiene law is amended by adding a
new subdivision (t) to read as follows:
(T) PARALLEL REASSESSMENT FOR CONDITIONAL RELEASES. WHERE A PERSON
DISCHARGED UNDER THIS SECTION AND SUBJECT TO A COMMUNITY ADHERENCE PLAN
IS ARRESTED FOR A VIOLENT FELONY OFFENSE AS DEFINED IN SUBDIVISION ONE
OF SECTION 70.02 OF THE PENAL LAW, OR HAS ENGAGED IN A SERIOUS DANGEROUS
INCIDENT AS DEFINED IN SUBDIVISION (T) OF SECTION 9.60 OF THIS CHAPTER,
THE DIRECTOR OF COMMUNITY SERVICES SHALL, WITHIN FIVE BUSINESS DAYS,
PETITION THE APPROPRIATE COURT FOR REASSESSMENT, WHICH MAY INCLUDE
INITIATION OR MODIFICATION OF AN ASSISTED OUTPATIENT TREATMENT ORDER,
MODIFICATION OF COMMUNITY ADHERENCE PLAN CONDITIONS, OR APPLICATION FOR
INPATIENT EVALUATION UNDER ARTICLE NINE, AS CLINICALLY INDICATED.
§ 9. Within one hundred twenty days of the effective date of this act,
the commissioner of mental health shall: (a) adopt the standardized
assisted outpatient treatment discharge review checklist required by
paragraph 1-a of subdivision (e) of section 9.60 of the mental hygiene
law; (b) prescribe model community adherence plan forms; (c) establish
mid-term case review templates; and (d) issue guidance to courts, hospi-
tals, prosecutors, defense counsel, law enforcement, and local govern-
mental units concerning the reassessment process.
§ 10. The office of mental health shall publish, annually, de-identi-
fied statewide and county-level data on: (i) number of assisted outpa-
tient treatment discharge reviews conducted; (ii) petitions filed pursu-
ant to paragraph 1-a of subdivision (e) of section 9.60 of the mental
hygiene law; (iii) number of initial twelve-month assisted outpatient
treatment orders and mid-term reviews; (iv) community adherence plan
utilization and seventy-two-hour outreach completion; (v) petitions and
outcomes under subdivision (t) of section 9.60 and subdivisions (p),
(q), (r) and (s) of section 29.15 of the mental hygiene law; and (vi)
measures of hospitalization, arrest, victimization, and housing stabili-
ty.
§ 11. 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.
§ 12. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided the amendments to section
9.60 of the mental hygiene law made by sections three, four, five and
seven of this act shall not affect the repeal of such section and shall
be deemed repealed therewith. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
