LAWS OF NEW YORK, 1999
CHAPTER 408
Kendra's Law


EXPLANATION—Matter in italics is new;
matter in brackets [ ] is old law to be omitted.


LAWS OF NEW YORK, 1999
CHAPTER 408

AN ACT to amend the mental hygiene law, in relation to enhancing the
supervision and coordination of care of persons with mental illness in
community-based settings by providing assisted outpatient treatment
and to amend chapter 560 of the laws of 1994 amending the judiciary
law and the mental hygiene law relating to establishing a pilot
program of involuntary outpatient treatment, in relation to the effec-
tiveness of such chapter and providing for the repeal of such
provision on the expiration thereof

Became a law August 9, 1999, with the approval of the Governor. Passed
on message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. This act shall be known and may be cited as "Kendra's
Law".
§ 2. Legislative findings. The legislature finds that there are
mentally ill persons who are capable of living in the community with the
help of family, friends and mental health professionals, but who, with-
out routine care and treatment, may relapse and become violent or
suicidal, or require hospitalization. The legislature further finds
that there are mentally ill persons who can function well and safely in
the community with supervision and treatment, but who without such
assistance, will relapse and require long periods of hospitalization.
The legislature further finds that some mentally ill persons, because
of their illness, have great difficulty taking responsibility for their
own care, and often reject the outpatient treatment offered to them on a
voluntary basis. Family members and caregivers often must stand by help-
lessly and watch their loved ones and patients decompensate. Effective
mechanisms for accomplishing these ends include: the establishment of
assisted outpatient treatment as a mode of treatment; improved coordi-
nation of care for mentally ill persons living in the community; the
expansion of the use of conditional release in psychiatric hospitals;
and the improved dissemination of information between and among mental
health providers and general hospital emergency rooms.
The legislature further finds that if such court-ordered treatment is
to achieve its goals, it must be linked to a system of comprehensive
care, in which state and local authorities work together to ensure that
outpatients receive case management and have access to treatment
services. The legislature therefore finds that assisted outpatient
treatment as provided in this act is compassionate, not punitive, will
restore patients' dignity, and will enable mentally ill persons to lead
more productive and satisfying lives.
The legislature further finds that many mentally ill persons are more
likely to enjoy recovery from non-dangerous, temporary episodes of
mental illness when they are engaged in planning the nature of the medi-
cations, programs or treatments for such episodes with assistance and
support from family, friends and mental health professionals. A health
care proxy executed pursuant to article 29-C of the public health law
provides mentally ill persons with a means to accept individual respon-
sibility for their own continuing mental health care by providing
advance directives concerning their wishes as to medications, programs
or treatments that they feel are appropriate when they are temporarily
unable to make mental health care decisions. The legislature therefore
finds that the voluntary use of such proxies should be encouraged so as
to minimize the need for involuntary mental health treatment.
§ 3. Section 7.17 of the mental hygiene law is amended by adding a new
subdivision (f) to read as follows:
(f) (1) The commissioner shall appoint program coordinators of
assisted outpatient treatment, who shall be responsible for the over-
sight and monitoring of assisted outpatient treatment programs estab-
lished pursuant to section 9.60 of this chapter. Directors of community
services of local governmental units shall work in conjunction with such
program coordinators to coordinate the implementation of assisted outpa-
tient treatment programs.
(2) The oversight and monitoring role of the program coordinator of
the assisted outpatient treatment program shall include each of the
following:
(i) that each assisted outpatient receives the treatment provided for
in the court order issued pursuant to section 9.60 of this chapter;
(ii) that existing services located in the assisted outpatient's
community are utilized whenever practicable;
(iii) that a case manager or assertive community treatment team is
designated for each assisted outpatient;
(iv) that a mechanism exists for such case manager, or assertive
community treatment team, to regularly report the assisted outpatient's
compliance, or lack of compliance with treatment, to the director of the
assisted outpatient treatment program; and
(v) that assisted outpatient treatment services are delivered in a
timely manner.
(3) The commissioner shall develop standards designed to ensure that
case managers or assertive community treatment teams have appropriate
training and have clinically manageable caseloads designed to provide
effective case management or other care coordination services for
persons subject to a court order under section 9.60 of this chapter.
(4) Upon review or receiving notice that services are not being deliv-
ered in a timely manner, the program coordinator shall require the
director of such assisted outpatient treatment program to immediately
commence corrective action and inform the program coordinator of such
corrective action. Failure of a director to take corrective action shall
be reported by the program coordinator to the commissioner of mental
health, as well as to the court which ordered the assisted outpatient
treatment.
§ 4. The opening paragraph of section 9.47 of the mental hygiene law
is designated subdivision (a) and a new subdivision (b) is added to read
as follows:
(b) All directors of community services shall be responsible for the
filing of petitions for assisted outpatient treatment pursuant to para-
graph (vi) of subdivision (e) of section 9.60 of this article, for the
receipt and investigation of reports of persons who are alleged to be in
need of such treatment and for coordinating the delivery of court
ordered services with program coordinators, appointed by the commission-
er of mental health, pursuant to subdivision (f) of section 7.17 of this
chapter. In discharge of the duties imposed by subdivision (b) of
section 9.60 of this article, directors of community services may
provide services directly, or may coordinate services with the offices
of the department or may contract with any public or private provider to
provide services for such programs as may be necessary to carry out the
duties imposed pursuant to this subdivision.
§ 5. The mental hygiene law is amended by adding a new section 9.48 to
read as follows:
§ 9.48 Duties of directors of assisted outpatient treatment programs.
(a)(1) Directors of assisted outpatient treatment programs established
pursuant to section 9.60 of this article shall provide a written report
to the program coordinators, appointed by the commissioner of mental
health pursuant to subdivision (f) of section 7.17 of this chapter,
within three days of the issuance of a court order. The report shall
demonstrate that mechanisms are in place to ensure the delivery of
services and medications as required by the court order and shall
include, but not be limited to the following:
(i) a copy of the court order;
(ii) a copy of the written treatment plan;
(iii) the identity of the case manager or assertive community treat-
ment team, including the name and contact data of the organization which
the case manager or assertive community treatment team member repres-
ents;
(iv) the identity of providers of services; and
(v) the date on which services have commenced or will commence.
(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.
(b) Directors of assisted outpatient treatment programs shall submit
quarterly reports to the program coordinators regarding the assisted
outpatient treatment program operated or administered by such director.
The report shall include the following information:
(i) the names of individuals served by the program;
(ii) the percentage of petitions for assisted outpatient treatment
that are granted by the court;
(iii) any change in status of assisted outpatients, including but not
limited to the number of individuals who have failed to comply with
court ordered assisted outpatient treatment;
(iv) a description of material changes in written treatment plans of
assisted outpatients;
(v) any change in case managers;
(vi) a description of the categories of services which have been
ordered by the court;
(vii) living arrangements of individuals served by the program includ-
ing the number, if any, who are homeless;
(viii) any other information as required by the commissioner of mental
health; and
(ix) any recommendations to improve the program locally or statewide.
§ 6. The mental hygiene law is amended by adding a new section 9.60 to
read as follows:
§ 9.60 Assisted outpatient treatment.
(a) Definitions. For purposes of this section, the following defi-
nitions shall apply:
(1) "assisted outpatient treatment" shall mean categories of outpa-
tient services which have been ordered by the court pursuant to this
section. Such treatment shall include case management services or
assertive community treatment team services to provide care coordi-
nation, and may also include any of the following categories of
services: medication; periodic blood tests or urinalysis to determine
compliance with prescribed medications; individual or group therapy; day
or partial day programming activities; educational and vocational train-
ing or activities; alcohol or substance abuse treatment and counseling
and periodic tests for the presence of alcohol or illegal drugs for
persons with a history of alcohol or substance abuse; supervision of
living arrangements; and any other services within a local or unified
services plan developed pursuant to article forty-one of this chapter,
prescribed to treat the person's mental illness and to assist the person
in living and functioning in the community, or to attempt to prevent a
relapse or deterioration that may reasonably be predicted to result in
suicide or the need for hospitalization.
(2) "director" shall mean the director of a hospital licensed or oper-
ated by the office of mental health which operates, directs and super-
vises an assisted outpatient treatment program, or the director of
community services of a local governmental unit, as such term is defined
in section 41.03 of this chapter, which operates, directs and supervises
an assisted outpatient treatment program.
(3) "director of community services" shall have the same meaning as
provided in article forty-one of this chapter.
(4) "assisted outpatient treatment program" shall mean a system to
arrange for and coordinate the provision of assisted outpatient treat-
ment, to monitor treatment compliance by assisted outpatients, to evalu-
ate the condition or needs of assisted outpatients, to take appropriate
steps to address the needs of such individuals, and to ensure compliance
with court orders.
(5) "assisted outpatient" or "patient" shall mean the person under a
court order to receive assisted outpatient treatment.
(6) "subject of the petition" or "subject" shall mean the person who
is alleged in a petition, filed pursuant to the provisions of this
section, to meet the criteria for assisted outpatient treatment.
(7) "correctional facility" or "local correctional facility" shall
have the same meaning as defined in section two of the correction law.
(8) "health care proxy" and "health care agent" shall have the same
meaning as defined in article 29-C of the public health law.
(9) "program coordinator" shall mean an individual appointed by the
commissioner of mental health, pursuant to subdivision (f) of section
7.17 of this chapter, who is responsible for the oversight and monitor-
ing of assisted outpatient treatment programs.
(b) The director of a hospital licensed or operated by the office of
mental health may operate, direct and supervise an assisted outpatient
treatment program as provided in this section, upon approval by the
commissioner of mental health. The director of community services of a
local governmental unit shall operate, direct and supervise an assisted
outpatient treatment program as provided in this section, upon approval
by the commissioner of mental health. Directors of community services of
local governmental units shall be permitted to satisfy the provisions of
this subdivision through the operation of joint assisted outpatient
treatment programs. Nothing in this subdivision shall be interpreted to
preclude the combination or coordination of efforts between and among
local governmental units and hospitals in providing and coordinating
assisted outpatient treatment.
(c) Criteria for assisted outpatient treatment. A patient may be
ordered to obtain assisted outpatient treatment if the court finds that:
(1) the patient is eighteen years of age or older; and
(2) the patient is suffering from a mental illness; and
(3) the patient is unlikely to survive safely in the community without
supervision, based on a clinical determination; and
(4) the patient has a history of lack of compliance with treatment for
mental illness that has:
(i) at least twice within the last thirty-six months been a signif-
icant factor in necessitating hospitalization in a hospital, or receipt
of services in a forensic or other mental health unit of a correctional
facility or a local correctional facility, not including any period
during which the person was hospitalized or incarcerated immediately
preceding the filing of the petition or;
(ii) resulted in one or more acts of serious violent behavior toward
self or others or threats of, or attempts at, serious physical harm to
self or others within the last forty-eight months, not including any
period in which the person was hospitalized or incarcerated immediately
preceding the filing of the petition; and
(5) the patient is, as a result of his or her mental illness, unlikely
to voluntarily participate in the recommended treatment pursuant to the
treatment plan; and
(6) in view of the patient's treatment history and current behavior,
the patient is in need of assisted outpatient treatment in order to
prevent a relapse or deterioration which would be likely to result in
serious harm to the patient or others as defined in section 9.01 of this
article; and
(7) it is likely that the patient will benefit from assisted outpa-
tient treatment; and
(8) if the patient has executed a health care proxy as defined in
article 29-C of the public health law, that any directions included in
such proxy shall be taken into account by the court in determining the
written treatment plan.
(d) Nothing herein shall preclude a person with a health care proxy
from being subject to a petition pursuant to this chapter and consistent
with article 29-C of the public health law.
(e) Petition to the court. (1) A petition for an order authorizing
assisted outpatient treatment may be filed in the supreme or county
court in the county in which the subject of the petition is present or
reasonably believed to be present. A petition to obtain an order author-
izing assisted outpatient treatment may be initiated only by the follow-
ing persons:
(i) any person eighteen years of age or older with whom the subject of
the petition resides; or
(ii) the parent, spouse, sibling eighteen years of age or older, or
child eighteen years of age or older of the subject of the petition; or
(iii) the director of a hospital in which the subject of the petition
is hospitalized; or
(iv) the director of any public or charitable organization, agency or
home providing mental health services to the subject of the petition in
whose institution the subject of the petition resides; or
(v) a qualified psychiatrist who is either supervising the treatment
of or treating the subject of the petition for a mental illness; or
(vi) the director of community services, or his or her designee, or
the social services official, as defined in the social services law, of
the city or county in which the subject of the petition is present or
reasonably believed to be present; or
(vii) a parole officer or probation officer assigned to supervise the
subject of the petition.
(2) The petition shall state:
(i) each of the criteria for assisted outpatient treatment as set
forth in subdivision (c) of this section;
(ii) facts which support such petitioner's belief that the person who
is the subject of the petition meets each criterion, provided that the
hearing on the petition need not be limited to the stated facts; and
(iii) that the subject of the petition is present, or is reasonably
believed to be present, within the county where such petition is filed.
(3) The petition shall be accompanied by an affirmation or affidavit
of a physician, who shall not be the petitioner, and shall state either
that:
(i) such physician has personally examined the person who is the
subject of the petition no more than ten days prior to the submission of
the petition, he or she recommends assisted outpatient treatment for the
subject of the petition, and he or she is willing and able to testify at
the hearing on the petition; or
(ii) no more than ten days prior to the filing of the petition, such
physician or his or her designee has made appropriate attempts to elicit
the cooperation of the subject of the petition but has not been success-
ful in persuading the subject to submit to an examination, that such
physician has reason to suspect that the subject of the petition meets
the criteria for assisted outpatient treatment, and that such physician
is willing and able to examine the subject of the petition and testify
at the hearing on the petition.
(f) Service. The petitioner shall cause written notice of the petition
to be given to the subject of the petition and a copy thereof shall be
given personally or by mail to the persons listed in section 9.29 of
this article, the mental hygiene legal service, the current health care
agent appointed by the subject of the petition, if any such agent is
known to the petitioner, the appropriate program coordinator, the appro-
priate director of community services, if such director is not the peti-
tioner.
(g) Right to counsel. The subject of the petition shall have the right
to be represented by the mental hygiene legal service, or other counsel
at the expense of the subject of the petition, at all stages of a
proceeding commenced under this section.
(h) Hearing. (1) Upon receipt by the court of the petition submitted
pursuant to subdivision (e) of this section, the court shall fix the
date for a hearing at a time not later than three days from the date
such petition is received by the court, excluding Saturdays, Sundays and
holidays. Adjournments shall be permitted only for good cause shown. In
granting adjournments, the court shall consider the need for further
examination by a physician or the potential need to provide assisted
outpatient treatment expeditiously. The court shall cause the subject of
the petition, any other person receiving notice pursuant to subdivision
(f) of this section, the petitioner, the physician whose affirmation or
affidavit accompanied the petition, the appropriate director, and such
other persons as the court may determine to be advised of such date.
Upon such date, or upon such other date to which the proceeding may be
adjourned, the court shall hear testimony and, if it be deemed advisable
and the subject of the petition is available, examine the subject
alleged to be in need of assisted outpatient treatment in or out of
court. If the subject of the petition does not appear at the hearing,
and appropriate attempts to elicit the attendance of the subject have
failed, the court may conduct the hearing in such subject's absence. If
the hearing is conducted without the subject of the petition present,
the court shall set forth the factual basis for conducting the hearing
without the presence of the subject of the petition.
(2) The court shall not order assisted outpatient treatment unless an
examining physician, who has personally examined the subject of the
petition within the time period commencing ten days before the filing of
the petition, testifies in person at the hearing.
(3) If the subject of the petition has refused to be examined by a
physician, the court may request the subject to consent to an examina-
tion by a physician appointed by the court. If the subject of the peti-
tion does not consent and the court finds reasonable cause to believe
that the allegations in the petition are true, the court may order peace
officers, acting pursuant to their special duties, or police officers
who are members of an authorized police department or force, or of a
sheriff's department to take the subject of the petition into custody
and transport him or her to a hospital for examination by a physician.
Retention of the subject of the petition under such order shall not
exceed twenty-four hours. The examination of the subject of the petition
may be performed by the physician whose affirmation or affidavit accom-
panied the petition pursuant to paragraph three of subdivision (e) of
this section, if such physician is privileged by such hospital or other-
wise authorized by such hospital to do so. If such examination is
performed by another physician of such hospital, the examining physician
shall be authorized to consult with the physician whose affirmation or
affidavit accompanied the petition regarding the issues of whether the
allegations in the petition are true and whether the subject meets the
criteria for assisted outpatient treatment.
(4) A physician who testifies pursuant to paragraph two of this subdi-
vision shall state the facts which support the allegation that the
subject meets each of the criteria for assisted outpatient treatment,
and the treatment is the least restrictive alternative, the recommended
assisted outpatient treatment, and the rationale for the recommended
assisted outpatient treatment. If the recommended assisted outpatient
treatment includes medication, such physician's testimony shall describe
the types or classes of medication which should be authorized, shall
describe the beneficial and detrimental physical and mental effects of
such medication, and shall recommend whether such medication should be
self-administered or administered by authorized personnel.
(5) The subject of the petition shall be afforded an opportunity to
present evidence, to call witnesses on behalf of the subject, and to
cross-examine adverse witnesses.
(i) (1) Written treatment plan. The court shall not order assisted
outpatient treatment unless an examining physician appointed by the
appropriate director develops and provides to the court a proposed writ-
ten treatment plan. The written treatment plan shall include case
management services or assertive community treatment teams to provide
care coordination. The written treatment plan also shall include all
categories of services, as set forth in paragraph one of subdivision (a)
of this section, which such physician recommends that the subject of the
petition should receive. If the written treatment plan includes medica-
tion, it shall state whether such medication should be self-administered
or administered by authorized personnel, and shall specify type and
dosage range of medication most likely to provide maximum benefit for
the subject. If the written treatment plan includes alcohol or
substance abuse counseling and treatment, such plan may include a
provision requiring relevant testing for either alcohol or illegal
substances provided the physician's clinical basis for recommending such
plan provides sufficient facts for the court to find (i) that such
person has a history of alcohol or substance abuse that is clinically
related to the mental illness; and (ii) that such testing is necessary
to prevent a relapse or deterioration which would be likely to result in
serious harm to the person or others. In developing such a plan, the
physician shall provide the following persons with an opportunity to
actively participate in the development of such plan: the subject of the
petition; the treating physician; and upon the request of the patient,
an individual significant to the patient including any relative, close
friend or individual otherwise concerned with the welfare of the
subject. If the petitioner is a director, such plan shall be provided to
the court no later than the date of the hearing on the petition.
(2) The court shall not order assisted outpatient treatment unless a
physician testifies to explain the written proposed treatment plan. Such
testimony shall state the categories of assisted outpatient treatment
recommended, the rationale for each such category, facts which establish
that such treatment is the least restrictive alternative, and, if the
recommended assisted outpatient treatment includes medication, the types
or classes of medication recommended, the beneficial and detrimental
physical and mental effects of such medication, and whether such medica-
tion should be self-administered or administered by an authorized
professional. If the petitioner is a director such testimony shall be
given at the hearing on the petition.
(j) Disposition. (1) If after hearing all relevant evidence, the court
finds that the subject of the petition does not meet the criteria for
assisted outpatient treatment, the court shall dismiss the petition.
(2) If after hearing all relevant evidence, the court finds by clear
and convincing evidence that the subject of the petition meets the
criteria for assisted outpatient treatment, and there is no appropriate
and feasible less restrictive alternative, the court shall be authorized
to order the subject to receive assisted outpatient treatment for an
initial period not to exceed six months. In fashioning the order, the
court shall specifically make findings by clear and convincing evidence
that the proposed treatment is the least restrictive treatment appropri-
ate and feasible for the subject. The order shall state the categories
of assisted outpatient treatment, as set forth in subdivision (a) of
this section, which the subject is to receive, and the court may not
order treatment that has not been recommended by the examining physician
and included in the written treatment plan for assisted outpatient
treatment as required by subdivision (i) of this section.
(3) If after hearing all relevant evidence the court finds by clear
and convincing evidence that the subject of the petition meets the
criteria for assisted outpatient treatment, and the court has yet to be
provided with a written proposed treatment plan and testimony pursuant
to subdivision (i) of this section, the court shall order the director
of community services to provide the court with such plan and testimony
no later than the third day, excluding Saturdays, Sundays and holidays,
immediately following the date of such order. Upon receiving such plan
and testimony, the court may order assisted outpatient treatment as
provided in paragraph two of this subdivision.
(4) A court may order the patient to self-administer psychotropic
drugs or accept the administration of such drugs by authorized personnel
as part of an assisted outpatient treatment program. Such order may
specify the type and dosage range of such psychotropic drugs and such
order shall be effective for the duration of such assisted outpatient
treatment.
(5) If the petitioner is the director of a hospital that operates an
assisted outpatient treatment program, the court order shall direct the
hospital director to provide or arrange for all categories of assisted
outpatient treatment for the assisted outpatient throughout the period
of the order. For all other persons, the order shall require the direc-
tor of community services of the appropriate local governmental unit to
provide or arrange for all categories of assisted outpatient treatment
for the assisted outpatient throughout the period of the order.
(6) The director or his or her designee shall apply to the court for
approval before instituting a proposed material change in the assisted
outpatient treatment order unless such change is contemplated in the
order. Non-material changes may be instituted by the assisted outpatient
treatment program without court approval. For the purposes of this
subdivision, a material change shall mean an addition or deletion of a
category of assisted outpatient treatment from the order of the court,
or any deviation without the patient's consent from the terms of an
existing order relating to the administration of psychotropic drugs.
Any such application for approval shall be served upon those persons
required to be served with notice of a petition for an order authorizing
assisted outpatient treatment.
(k) Applications for additional periods of treatment. If the director
determines that the condition of such patient requires further assisted
outpatient treatment, the director shall apply prior to the expiration
of the period of assisted outpatient treatment ordered by the court for
a second or subsequent order authorizing continued assisted outpatient
treatment for a period not to exceed one year from the date of the
order. The procedures for obtaining any order pursuant to this subdivi-
sion shall be in accordance with the provisions of the foregoing subdi-
visions of this section, provided that the time period included in
subparagraphs (i) and (ii) of paragraph four of subdivision (c) of this
section shall not be applicable in determining the appropriateness of
additional periods of assisted outpatient treatment. Any court order
requiring periodic blood tests or urinalysis for the presence of alcohol
or illegal drugs shall be subject to review after six months by the
physician who developed the written treatment plan or another physician
designated by the director, and such physician shall be authorized to
terminate such blood tests or urinalysis without further action by the
court.
(l) Application for an order to stay, vacate or modify. In addition to
any other right or remedy available by law with respect to the order for
assisted outpatient treatment, the patient, mental hygiene legal
service, or anyone acting on the patient's behalf may apply on notice to
the appropriate director and the original petitioner, to the court to
stay, vacate or modify the order.
(m) Appeals. Review of an order issued pursuant to this section shall
be had in like manner as specified in section 9.35 of this article.
(n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician, the patient has failed or has refused
to comply with the treatment ordered by the court, and in the physi-
cian's clinical judgment, efforts were made to solicit compliance, and,
in the clinical judgment of such physician, such patient may be in need
of involuntary admission to a hospital pursuant to section 9.27 of this
article, or for whom immediate observation, care and treatment may be
necessary pursuant to section 9.39 or 9.40 of this article, such physi-
cian may request the director, the director's designee, or persons
designated pursuant to section 9.37 of this article, to direct the
removal of such patient to an appropriate hospital for an examination to
determine if such person has a mental illness for which hospitalization
is necessary pursuant to section 9.27, 9.39 or 9.40 of this article.
Furthermore, if such assisted outpatient refuses to take medications as
required by the court order, or he or she refuses to take, or fails a
blood test, urinalysis, or alcohol or drug test as required by the court
order, such physician may consider such refusal or failure when deter-
mining whether the assisted outpatient is in need of an examination to
determine whether he or she has a mental illness for which hospitaliza-
tion is necessary. Upon the request of such physician, the director, the
director's designee, or persons designated pursuant to section 9.37 of
this article, may direct peace officers, when acting pursuant to their
special duties, or police officers who are members of an authorized
police department or force or of a sheriff's department to take into
custody and transport any such person to the hospital operating the
assisted outpatient treatment program or to any hospital authorized by
the director of community services to receive such persons. Such law
enforcement officials shall carry out such directive. Upon the request
of such physician, the director, the director's designee, or person
designated pursuant to section 9.37 of this article, an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, or an approved mobile crisis outreach team as
defined in section 9.58 of this article shall be authorized to take into
custody and transport any such person to the hospital operating the
assisted outpatient treatment program, or to any other hospital author-
ized by the director of community services to receive such persons. Such
person may be retained for observation, care and treatment and further
examination in the hospital for up to seventy-two hours to permit a
physician to determine whether such person has a mental illness and is
in need of involuntary care and treatment in a hospital pursuant to the
provisions of this article. Any continued involuntary retention in such
hospital beyond the initial seventy-two hour period shall be in accord-
ance with the provisions of this article relating to the involuntary
admission and retention of a person. If at any time during the seventy-
two hour period the person is determined not to meet the involuntary
admission and retention provisions of this article, and does not agree
to stay in the hospital as a voluntary or informal patient, he or she
must be released. Failure to comply with an order of assisted outpatient
treatment shall not be grounds for involuntary civil commitment or a
finding of contempt of court.
(o) Effect of determination that a person is in need of assisted
outpatient treatment. The determination by a court that a patient is in
need of assisted outpatient treatment under this section shall not be
construed as or deemed to be a determination that such patient is inca-
pacitated pursuant to article eighty-one of this chapter.
(p) False petition. A person making a false statement or providing
false information or false testimony in a petition or hearing under this
section is subject to criminal prosecution pursuant to article one
hundred seventy-five or article two hundred ten of the penal law.
(q) Exception. Nothing in this section shall be construed to affect
the ability of the director of a hospital to receive, admit, or retain
patients who otherwise meet the provisions of this article regarding
receipt, retention or admission.
(r) Educational materials. The office of mental health, in consulta-
tion with the office of court administration, shall prepare educational
and training materials on the use of this section, which shall be made
available to local governmental units as defined in article forty-one of
this chapter, providers of services, judges, court personnel, law
enforcement officials and the general public.
§ 7. Subdivision (h) of section 9.61 of the mental hygiene law, as
amended by chapter 338 of the laws of 1999, is amended to read as
follows:
(h) Applications for additional periods of treatment. If the director
of such hospital determines that the condition of such patient requires
further involuntary outpatient treatment, the director shall apply prior
to the earlier of April first, two thousand or the expiration of the
period of involuntary outpatient treatment ordered by the court for an
order authorizing continued involuntary outpatient treatment for a peri-
od not to exceed one hundred eighty days from the date of the order. The
procedures for obtaining any order pursuant to this subdivision shall be
in accordance with the provisions of the foregoing subdivisions of this
section. The period for further involuntary outpatient treatment author-
ized by any subsequent order under this subdivision shall not exceed one
hundred eighty days from the date of the order. [Provided, further ]
Notwithstanding any other provision of law, any order authorizing invol-
untary outpatient treatment, issued pursuant to this section shall
expire on [August tenth, nineteen hundred ninety-nine, unless otherwise
provided by law ] or before September thirtieth, two thousand.
§ 8. Section 6 of chapter 560 of the laws of 1994, amending the judi-
ciary law and the mental hygiene law relating to establishing a pilot
program of involuntary outpatient treatment, as amended by chapter 338
of the laws of 1999, is amended to read as follows:
§ 6. This act shall take effect immediately and shall expire [August
10, 1999 ] September 30, 2000 when upon such date the provisions of this
act shall be deemed repealed.
§ 9. Section 9.61 of the mental hygiene law, as added by chapter 678
of the laws of 1994, is renumbered section 9.63.
§ 10. Paragraph 1 of subdivision (e) of section 29.15 of the mental
hygiene law, as amended by chapter 789 of the laws of 1985, is amended
to read as follows:
1. In the case of an involuntary patient on conditional release, the
director may terminate the conditional release and order the patient to
return to the facility at any time during the period for which retention
was authorized, if, in the director's judgment, the patient needs in-pa-
tient care and treatment and the conditional release is no longer appro-
priate; provided, however, that in any such case, the director shall
cause written notice of such patient's return to be given to the mental
hygiene legal service. [If, at any time prior to the expiration of thir-
ty days from the date of return to the facility, he or any relative or
friend or the mental hygiene legal service gives notice in writing to
the director of request for hearing on the question of the suitability
of such patient's return to the facility, a hearing shall be held pursu-
ant to the provisions of this chapter relating to the involuntary admis-
sion of a person ] The director shall cause the patient to be retained
for observation, care and treatment and further examination in a hospi-
tal for up to seventy-two hours if a physician on the staff of the
hospital determines that such person may have a mental illness and may
be in need of involuntary care and treatment in a hospital pursuant to
the provisions of article nine of this chapter. Any continued retention
in such hospital beyond the initial seventy-two hour period shall be in
accordance with the provisions of this chapter relating to the involun-
tary admission and retention of a person. If at any time during the
seventy-two hour period the person is determined not to meet the invol-
untary admission and retention provisions of this chapter, and does not
agree to stay in the hospital as a voluntary or informal patient, he or
she must be released, either conditionally or unconditionally.
§ 11. Section 29.19 of the mental hygiene law, as amended by chapter
843 of the laws of 1980, 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 peace officer,
acting pursuant to his 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 representative, director or designee.
§ 12. Subdivisions (b) and (d) of section 33.13 of the mental hygiene
law, as amended by chapter 912 of the laws of 1984, are amended to read
as follows:
(b) The commissioners may require that statistical information about
patients or clients be reported to the offices. [Names of patients
treated at out-patient or non-residential facilities, at hospitals
licensed by the office of mental health and at general hospitals shall
not be required as part of any such reports. ]
(d) Nothing in this section shall prevent the electronic or other
exchange of information concerning patients or clients, including iden-
tification, between and among (i) facilities or others providing
services for such patients or clients pursuant to an approved local or
unified services plan, as defined in article forty-one of this chapter,
or pursuant to agreement with the department, and (ii) the department or
any of its licensed or operated facilities. [Information ] Furthermore,
subject to the prior approval of the commissioner of mental health,
hospital emergency services licensed pursuant to article twenty-eight of
the public health law shall be authorized to exchange information
concerning patients or clients electronically or otherwise with other
hospital emergency services licensed pursuant to article twenty-eight of
the public health law and/or hospitals licensed or operated by the
office of mental health; provided that such exchange of information is
consistent with standards, developed by the commissioner of mental
health, which are designed to ensure confidentiality of such informa-
tion. Additionally, information so exchanged shall be kept confidential
and any limitations on the release of such information imposed on the
party giving the information shall apply to the party receiving the
information.
§ 13. Subdivision (a) of section 41.13 of the mental hygiene law is
amended by adding two new paragraphs 15 and 16 to read as follows:
15. administer, supervise or operate any assisted outpatient treatment
program of a local governmental unit pursuant to section 9.60 of this
chapter and provide that all necessary services are planned for and made
available for individuals committed under the program.
16. identify and plan for the provision of care coordination, emergen-
cy services, and other needed services for persons who are identified as
high-need patients, as such term is defined by the commissioner of
mental health.
§ 14. Subdivision (c) of section 47.03 of the mental hygiene law, as
added by chapter 789 of the laws of 1985, is amended to read as follows:
(c) To provide legal services and assistance to patients or residents
and their families related to the admission, retention, and care and
treatment of such persons, to provide legal services and assistance to
subjects of a petition or patients subject to section 9.60 of this chap-
ter, and to inform patients or residents, their families and, in proper
cases, others interested in the patients' or residents' welfare of the
availability of other legal resources which may be of assistance in
matters not directly related to the admission, retention, and care and
treatment of such patients or residents;
§ 15. (a) Within amounts appropriated therefor, the commissioner of
mental health shall provide grants to each county and the city of New
York, which shall be used by each such county or city, to provide medi-
cation, and other services necessary to prescribe and administer medica-
tion to treat mental illness during the pendency of a medical assistance
eligibility determination. Such eligibility determination shall be
completed in a timely and expeditious manner as required by applicable
regulations of the commissioner of health. Counties or the city shall
use such grants to provide medications prescribed to treat mental
illness for individuals for whom the process of applying for medical
assistance benefits has been commenced prior to or within one week of
discharge or release and who: (1) are discharged from a hospital, as
defined in section 1.03 of the mental hygiene law, or (2) have received
services in or from a forensic or similar mental health unit of a
correctional facility or local correctional facility as defined in
section two of the correction law.
(b) Such grants to provide medications shall be subject to the commis-
sioner's approval and supervision of an efficient and effective plan
submitted by a county or the city of New York. Such plans shall include,
but not be limited to, the following: (i) the process by which the coun-
ty or the city of New York will improve the timely and expeditious
filing of medical assistance applications and coordinate the filing of
applications for other public benefits for which the population
described in subdivision (a) of this section may be eligible; (ii) the
process by which medications prescribed to treat mental illness for such
individuals will be available at or near the time of release or
discharge; (iii) a specific description of the process by which such
individuals will be referred to a county or city provider, or a provider
which contracts with the county or city, to provide medication at or
near the time of release or discharge; and (iv) the process to provide
information necessary for the New York state office of mental health to
file appropriate medical assistance claims.
(c) Further, upon application of a county or the city of New York, and
within the amounts appropriated therefor, the commissioner of mental
health shall be authorized to provide grants to such county or city to
be used to assist the local governmental units, as defined in section
41.03 of the mental hygiene law, in the development of plans pursuant to
subdivision (b) of this section, or to be used at local correctional
facilities to improve the coordination between the individuals defined
in subdivision (a) of this section and the appropriate county represen-
tative or other individual who will provide the psychiatric medications
available under this program as determined in the plans approved in
subdivision (b) of this section, and to assist such individuals in
applying for medical assistance and other public benefits. The commis-
sioner of mental health is hereby authorized to promulgate and adopt
rules and regulations necessary to implement this section.
§ 16. Report and evaluation. The commissioner of mental health shall
issue an interim report on or before January 1, 2003 and a final report
on or before March 1, 2005. Such reports shall be submitted to the
governor and the chairpersons of the senate and assembly mental health
committees, and shall include information concerning the characteristics
and demographics of assisted outpatients; the incidence of homelessness,
hospitalization and incarceration of patients before assisted outpatient
treatment to the extent available, and information on such incidence
during assisted outpatient treatment; outcomes of judicial proceedings,
including the percentage of petitions for assisted outpatient treatment
that are granted by the court; referral outcomes, including the time
frames for service delivery; reasons for closed cases; utilization of
existing and new services; and recommendations for changes in statute.
§ 17. Separability clause. If any clause, sentence, paragraph, section
or part of this act shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair or invali-
date the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
§ 18. This act shall take effect immediately, provided that section
fifteen of this act shall take effect April 1, 2000, provided, further,
that subdivision (e) of section 9.60 of the mental hygiene law as added
by section six of this act shall be effective 90 days after this act
shall become law; and that this act shall expire and be deemed repealed
June 30, 2005; and, provided, further, that the amendments to section
9.61 of the mental hygiene law made by section seven of this act shall
not affect the expiration of such section and shall be deemed to expire
therewith.

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly