ALBANY, NY – Senator Michelle Hinchey and Assemblymember John T. McDonald today announced that their bill to expand access to mental health courts in New York (S.8312/A.7563) has been signed into law. The signing comes a little over a month after the legislators joined DAs and mental health advocates from the Hudson Valley and Capital Region to call for the bill's approval, following its unanimous passage in both the Senate and Assembly.

Mental health courts focus on treating the underlying causes of behavior, diverting defendants to appropriate care by linking individuals with services like therapy and case management, which can break the cycle of repeat offenses and strengthen long-term public safety. Under the new law, defendants with mental illness who are arrested and moving through the court system can have their cases transferred to a neighboring county’s mental health court if their own county doesn’t have one. Transfers can proceed only when all parties agree: the defense, district attorneys from both counties, and the receiving court, to ensure a fair and collaborative process.
 

Senator Michelle Hinchey said, “We’re thrilled the Governor has signed our bill to broaden access to mental health courts, opening the door to safer communities and a better path forward for folks who need treatment. No one should be denied the chance to get mental health care that can change their future and prevent repeat offenses simply because of where they live if their county doesn’t have a mental health court. Our new law will help create a more equitable justice system that keeps our communities safe, and we’re grateful to have the support of the District Attorneys Association of the State of New York, DAs from across the state, and NAMI, whose partnership brought this to the finish line.”

Assemblymember John T. McDonald III, RPh, said, “The new law will expand access to mental health courts (MHCs) and, in turn, increase access to treatment options for those living with mental illness. Studies have found that graduates of mental health court programs tend to show reduced recidivism. This measure will improve public safety, and I appreciate the support from the District Attorneys Association, Public Defenders, and mental health organizations.”

 

District Attorneys Association President Mary Pat Donnelly said, “Expanded access to mental health courts with the opportunity to transfer eligible cases keeps the focus on treatment and support, while promoting rehabilitation. It also alleviates pressure on the criminal justice system.”

Columbia County District Attorney Chris Liberati-Conant said, “Mental health courts reduce recidivism and improve public safety by providing services and support to people struggling with mental illnesses. Expanding access across county lines strengthens our ability to address mental illness within the justice system while keeping our communities safer. I am grateful to Senator Hinchey and Assemblymember McDonald for their hard work advocating for this common sense legislation. "

Dutchess County District Attorney Anthony Parisi said, “Today marks a significant step forward for our communities as this mental-health court bill is signed into law. By approaching mental-health challenges with compassion, accountability, and real support, we are giving people a path toward healing. I want to extend my deepest thanks to Senator Hinchey and Assemblymember McDonald for their leadership and dedication to this meaningful legislation.”

Ulster County District Attorney Manny Nneji said, “This is astounding news. Those of us dealing with mental health policies and issues are grateful to Senator Hinchey and Assemblymember McDonald for championing this legislation that combines accountability with empathy and treatment for those who come into our criminal justice system with mental health needs.”

 

James Norton, NAMI, NYS Government & Community Affairs Manager, said, “People with mental illness and substance use disorders deserve help, not handcuffs. Mental illness is not a crime, yet untreated symptoms and limited access to care too often lead to justice system involvement. Expanding access to mental health courts will reduce the number of individuals with mental health needs in jails and prisons by prioritizing treatment over punishment. This legislation also allows people without a local mental health court to seek treatment options in neighboring counties. Expanding access and addressing root causes. We thank the bill sponsors, their staff, and Governor Hochul for advancing this critical legislation.”
 

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