Legislation
SECTION 9.41
Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
* § 9.41 Emergency assessment for immediate observation, care, and
treatment; powers of certain peace officers and police
officers.
(a) Any peace officer, when acting pursuant to his or her special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff's department may
take into custody any person who appears to be mentally ill and is
conducting himself or herself in a manner which is likely to result in
serious harm to the person or others. Such officer may direct the
removal of such person or remove him or her to any hospital specified in
subdivision (a) of section 9.39 of this article, or any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 of this article, or pending his or her examination or admission to
any such hospital or program, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action.
(b) A person otherwise determined to meet the criteria for an
emergency assessment pursuant to this section may voluntarily agree to
be transported to a crisis stabilization center under section 36.01 of
this chapter for care and treatment and, in accordance with this
article, an assessment by the crisis stabilization center determines
that they are able to meet the service needs of the person.
* NB Effective until July 1, 2024
* § 9.41 Emergency admissions for immediate observation, care, and
treatment; powers of certain peace officers and police
officers.
Any peace officer, when acting pursuant to his special duties, or
police officer who is a member of the state police or of an authorized
police department or force or of a sheriff's department may take into
custody any person who appears to be mentally ill and is conducting
himself in a manner which is likely to result in serious harm to himself
or others. "Likelihood to result in serious harm" shall mean (1)
substantial risk of physical harm to himself as manifested by threats of
or attempts at suicide or serious bodily harm or other conduct
demonstrating that he is dangerous to himself, or (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
serious physical harm. Such officer may direct the removal of such
person or remove him to any hospital specified in subdivision (a) of
section 9.39 or, pending his examination or admission to any such
hospital, temporarily detain any such person in another safe and
comfortable place, in which event, such officer shall immediately notify
the director of community services or, if there be none, the health
officer of the city or county of such action.
* NB Effective July 1, 2024
treatment; powers of certain peace officers and police
officers.
(a) Any peace officer, when acting pursuant to his or her special
duties, or police officer who is a member of the state police or of an
authorized police department or force or of a sheriff's department may
take into custody any person who appears to be mentally ill and is
conducting himself or herself in a manner which is likely to result in
serious harm to the person or others. Such officer may direct the
removal of such person or remove him or her to any hospital specified in
subdivision (a) of section 9.39 of this article, or any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 of this article, or pending his or her examination or admission to
any such hospital or program, temporarily detain any such person in
another safe and comfortable place, in which event, such officer shall
immediately notify the director of community services or, if there be
none, the health officer of the city or county of such action.
(b) A person otherwise determined to meet the criteria for an
emergency assessment pursuant to this section may voluntarily agree to
be transported to a crisis stabilization center under section 36.01 of
this chapter for care and treatment and, in accordance with this
article, an assessment by the crisis stabilization center determines
that they are able to meet the service needs of the person.
* NB Effective until July 1, 2024
* § 9.41 Emergency admissions for immediate observation, care, and
treatment; powers of certain peace officers and police
officers.
Any peace officer, when acting pursuant to his special duties, or
police officer who is a member of the state police or of an authorized
police department or force or of a sheriff's department may take into
custody any person who appears to be mentally ill and is conducting
himself in a manner which is likely to result in serious harm to himself
or others. "Likelihood to result in serious harm" shall mean (1)
substantial risk of physical harm to himself as manifested by threats of
or attempts at suicide or serious bodily harm or other conduct
demonstrating that he is dangerous to himself, or (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
serious physical harm. Such officer may direct the removal of such
person or remove him to any hospital specified in subdivision (a) of
section 9.39 or, pending his examination or admission to any such
hospital, temporarily detain any such person in another safe and
comfortable place, in which event, such officer shall immediately notify
the director of community services or, if there be none, the health
officer of the city or county of such action.
* NB Effective July 1, 2024