A06987 Summary:

BILL NO    A06987B

SAME AS    SAME AS S04881-B

SPONSOR    Gunther

COSPNSR    Maisel, Zebrowski, Reilly, Calhoun, Thiele, Gabryszak, Weisenberg,
           Schimel, Robinson, Paulin, Jaffee, Roberts, Latimer, Englebright,
           Cook

MLTSPNSR   Abbate, Abinanti, Arroyo, Boyland, Castelli, Ceretto, Conte, Crouch,
           DenDekker, Dinowitz, Goodell, Jeffries, Johns, Jordan, Lupardo,
           Markey, McDonough, McEneny, Meng, Miller D, Millman, Palmesano,
           Perry, Pretlow, Rabbitt, Raia, Saladino, Tenney, Titone

Amd SS7.17, 9.47, 9.48, 9.60 & 29.15, Ment Hyg L; amd S404, Cor L; amd S18,
Chap 408 of 1999

Enhances the assisted outpatient treatment program; eliminates the expiration
and repeal of Kendra's Law.
Go to top

A06987 Actions:

BILL NO    A06987B

04/07/2011 referred to mental health
01/04/2012 referred to mental health
05/07/2012 amend (t) and recommit to mental health
05/07/2012 print number 6987a
06/12/2012 amend and recommit to mental health
06/12/2012 print number 6987b
Go to top

A06987 Votes:

There are no votes for this bill in this legislative session.
Go to top

A06987 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6987B
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the mental hygiene law and the correction law, in relation to enhancing the assisted outpatient treat- ment program; and to amend Kendra's Law, in relation to making the provisions thereof permanent   PURPOSE OR GENERAL IDEA OF BILL: To improve care for people with serious mental illness, and protect the safety of patients and the public by streamlining and improving New York's Assisted Outpatient Treatment (AOT) program (Kendra's Law).   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends Mental Hygiene Law (MHL) § 7.17(f) to require that AOT program coordinators: monitor local programs to ensure that expiring AOT orders are adequately reviewed to consider the need for renewal; and monitor local needs for training of judges and court personnel to ensure that the office of mental health adequately provides such training. Section 2 provides that an educational pamphlet on AOT shall be devel- oped and distributed to family members of persons who may be in need of AOT Section 3 clarifies that directors of community services shall be responsible for ensuring that reports of persons who may be in need of continued AOT orders are subject to a timely investigation. It also provides that directors of community services shall notify program coor- dinators when AOT patients cannot be located or are believed to have taken residence outside of the local governmental unit served. Section 4 amends MHL, § 9.48 to require that AOT program directors' quarterly reports to program coordinators include information on any expired AOT court orders, including the determination made as to whether to petition for renewal, the basis for such determination, and the court's disposition of the renewal petition, if any. Section 5 amends MHL § 9.60 to clarify that assisted outpatient treat- ment services provided may include: medication education or symptom management education; appointment of a representative payee; and that tests for alcohol or drugs may be random. Also provides that the parties to the treatment order may stipulate, upon mutual consent, that an exam- ining physician need not testify in court. Also, provides that the appointed physician shall make a reasonable effort to gather relevant information for the development of a treatment plan from a member or members of the patient's family or significant other. This section also clarifies that directors of hospitals or superinten- dents of correctional facilities may initiate a petition. This section also provides that the Commissioner will establish a proce- dure to ensure that reports of persons who may be in need of AOT that are made by family and community members of such person are, if warranted, investigated in a timely manner, and that ROT petitions are filed, where appropriate. This section also provides that the, Commissioner shall promulgate regu- lations to require that prior to a assisted outpatient relocating to within the state of New York to a location not served by his or her current director of community services, that patient or other appropri- ate party must notify the program coordinator. The program coordinator shall then redetermine who the appropriate director shall be, and cause a copy of the court order and treatment plan to be transmitted to the new director. This section also provides that a director shall review whether the assisted outpatient continues to meet ROT criteria within 30 days before the expiration of an order for ACT. If the director determines that such assisted outpatient no longer meets the criteria, such director is required to give notice to the program coordinator that a petition for continued AOT is unnecessary. However, if such assisted outpatient continues to meet the criteria, as determined by the director, such director shall file a petition for continued treatment. This provision clarifies procedures any other person authorized to peti- tion for continued AOT may use to bring such petition in the event that the appropriate director or current petitioner does not petition for continued AOT prior to the expiration of the court order. This section also provides that counties shall notify the department when an assisted outpatient is missing and thereby unavailable for an evaluation as to whether he or she continues to meet AOT criteria. It also provides that when a patient is missing upon expiration date of order, that the order shall be extended until sixty days after such patient is found. Section 6 amends MHL § 29.15: if the director of the hospital does not petition for AOT upon the discharge of an involuntarily committed inpa- tient or upon the expiration of a period of conditional release for such inpatient, such director shall report the discharge in writing to the director of community services of the local government unit where the inpatient is expected to reside. Section 7 amends subdivision I of section 404 of the correction law to require that, prior to discharging an inmate who is still mentally ill, the director shall, where appropriate, either apply for a person's admission to a hospital for care and treatment, or initiate a petition for an order authorizing assisted outpatient treatment, or the commis- sioner may apply for the person's admission to a secure treatment facil- ity. Section 8 would repeal the current sunset date to make the provisions of Kendra's Law permanent. Section 9 Severability. Section 10 states that this act shall take effect immediately.   JUSTIFICATION: In 1999, the legislature enacted "Kendra's Law,': establishing a statewide court-ordered assisted outpatient treatment (AOT) program to improve outcomes for persons with severe mental illness who, in view of their treatment history and present circumstances, are likely to have difficulty living safely in the community. At the approach of the law's original 2005 expiration date, the legislature took note of Office of Mental Health (OMR) research documenting declines in rates of homelessness, hospitalization, substance abuse, alcoholism, violence, arrest and incarceration, and documented increases in treat- ment compliance, service engagement and positive consumer perceptions. In 2005, the legislature opted to extend Kendra's Law for an additional five years to further evaluate the program. On June 30, 2009, a team of independent researchers released the report of their long term study of AOT throughout New York State and in Octo- ber, 2010 Psychiatric Services published six peer reviewed studies on the AOT program. These reports confirm the earlier OMH data. These studies found patients given mandatory outpatient treatment who were more violent to begin with - were nevertheless four times less likely than members of the control group to perpetrate serious violence after undergoing assisted outpatient treatment and found less frequent psychi- atric hospitalizations, shorter length of hospitalizations, reduction in the likelihood of arrest, higher social functioning, slightly less stig- ma and no increase in perceived coercion. AOT stimulates service provid- ers efforts to prioritize care for AOT recipients; judges hearing AOT cases could benefit from additional AOT training; counties favored increasing the availability of stipulations to reduce the court burden, costs, and transportation burdens; recipients are far more likely than other patients to consistently receive psychotropic medications appro- priate to their psychiatric condition; that those who receive AOT for periods of at least one year are more likely than those who receive AOT for shorter periods to sustain gains after leaving the program; that the law has been applied in a non-discriminatory manner; and that the court order itself, in addition to high quality services, is a significant factor in the program's success. The experience of thousands of patients, treatment providers and fami- lies who have utilized Kendra's Law since 1999, point to several areas where the law should be improved to achieve costs savings, promote smoother functioning of the AOT program and easier access to those who stand to benefit from it. The amendments included in this act are intended to reflect these findings and maximize the unique potential of this legislation to simultaneously serve the goals of compassionate care, fiscal responsibility, and public safety.   PRIOR LEGISLATIVE HISTORY: New Bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A06987 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6987--B
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 7, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  GUNTHER, MAISEL, ZEBROWSKI, REILLY, CALHOUN,
          THIELE, GABRYSZAK,  WEISENBERG,  SCHIMEL,  ROBINSON,  PAULIN,  JAFFEE,
          ROBERTS,  LATIMER, ENGLEBRIGHT, COOK -- Multi-Sponsored by -- M. of A.
          ABBATE, ABINANTI, ARROYO, BOYLAND, CASTELLI, CERETTO,  CONTE,  CROUCH,
          DenDEKKER,   DINOWITZ,  GOODELL,  JEFFRIES,  JOHNS,  JORDAN,  LUPARDO,

          MARKEY,  McDONOUGH,  McENENY,  MENG,  D. MILLER,  MILLMAN,  PALMESANO,
          PERRY,  PRETLOW,  RABBITT, RAIA, SALADINO, TENNEY, TITONE -- read once
          and referred to the Committee on Mental Health -- recommitted  to  the
          Committee  on Mental Health in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
 
        AN  ACT  to  amend  the  mental  hygiene  law and the correction law, in
          relation to enhancing the assisted outpatient treatment  program;  and
          to  amend  Kendra's  Law, in relation to making the provisions thereof
          permanent
 
          The People of the State of New York, represented in Senate and  Assem-

        bly, do enact as follows:
 
     1    Section  1.  Paragraph  2  of  subdivision  (f) of section 7.17 of the
     2  mental hygiene law, as amended by chapter 158 of the laws  of  2005,  is
     3  amended to read as follows:
     4    (2)  The  oversight  and monitoring role of the program coordinator of
     5  the assisted outpatient treatment program  shall  include  each  of  the
     6  following:
     7    (i)  that each assisted outpatient receives the treatment provided for
     8  in the court order issued pursuant to section  9.60  of  this  [chapter]
     9  title;
    10    (ii)  that  existing  services  located  in  the assisted outpatient's
    11  community are utilized whenever practicable;
    12    (iii) that a case manager or assertive  community  treatment  team  is
    13  designated for each assisted outpatient;
    14    (iv)  that  a  mechanism  exists  for  such case manager, or assertive

    15  community treatment team, to regularly report the assisted  outpatient's
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10473-12-2

        A. 6987--B                          2
 
     1  compliance, or lack of compliance with treatment, to the director of the
     2  assisted outpatient treatment program;
     3    (v)  that directors of community services establish procedures [which]
     4  that provide that reports of persons who may  be  in  need  of  assisted
     5  outpatient  treatment are appropriately investigated in a timely manner;
     6  [and]
     7    (vi) that assisted outpatient treatment services are  delivered  in  a
     8  timely manner[.];

     9    (vii)  that,  prior to the expiration of assisted outpatient treatment
    10  orders, the  clinical  needs  of  assisted  outpatients  are  adequately
    11  reviewed  in  determining  the  need  to petition for continued assisted
    12  outpatient treatment pursuant to subdivision (m) of section 9.60 of this
    13  title;
    14    (viii) that the appropriate director is determined for  each  assisted
    15  outpatient, pursuant to subdivisions (k) and (l) of section 9.60 of this
    16  title; and
    17    (ix)  that  the office fulfills its duties pursuant to subdivision (t)
    18  of section 9.60 of this title to meet local needs for training of judges
    19  and court personnel.
    20    § 2. Subdivision (f) of section 7.17 of  the  mental  hygiene  law  is

    21  amended by adding a new paragraph 5 to read as follows:
    22    (5)  The  commissioner  shall  develop  an educational pamphlet on the
    23  process of petitioning for assisted  outpatient  treatment  for  dissem-
    24  ination  to  individuals seeking to submit reports of persons who may be
    25  in need of assisted outpatient treatment,  and  individuals  seeking  to
    26  file a petition pursuant to subparagraph (i) or (ii) of paragraph one of
    27  subdivision  (f)  of section 9.60 of this title. Such pamphlet shall set
    28  forth, in plain language: the criteria for  assisted  outpatient  treat-
    29  ment,  resources  available to such individuals, the responsibilities of
    30  program coordinators and directors of community services, a  summary  of

    31  current  law,  the process for petitioning for continued assisted outpa-
    32  tient treatment, and other such information the commissioner  determines
    33  to be pertinent.
    34    §  3.    Subdivision (b) of section 9.47 of the mental hygiene law, as
    35  amended by chapter 158 of the laws  of  2005,  is  amended  to  read  as
    36  follows:
    37    (b) All directors of community services shall be responsible for:
    38    (1) receiving reports of persons who may be in need of assisted outpa-
    39  tient treatment pursuant to section 9.60 of this article and documenting
    40  the receipt date of such reports;
    41    (2) conducting timely investigations of such reports received pursuant
    42  to  paragraph  one of this subdivision and providing written notice upon
    43  the completion of investigations to reporting persons and program  coor-

    44  dinators,  appointed  by the commissioner [of mental health] pursuant to
    45  subdivision (f) of section 7.17  of  this  title,  and  documenting  the
    46  initiation  and completion dates of such investigations and the disposi-
    47  tions;
    48    (3) filing of petitions for assisted outpatient treatment pursuant  to
    49  [paragraph] subparagraph (vii) of paragraph one of subdivision [(e)] (f)
    50  of  section  9.60  of  this article, and documenting the petition filing
    51  [date] dates and the [date] dates of the court [order] orders;
    52    (4) coordinating the timely delivery of court  ordered  services  with
    53  program coordinators and documenting the date assisted outpatients begin
    54  to receive the services mandated in the court order; [and]

        A. 6987--B                          3
 
     1    (5) notifying program coordinators when assisted outpatients cannot be
     2  located after reasonable efforts or are believed to have taken residence
     3  outside of the local governmental unit served; and
     4    (6)  reporting on a quarterly basis to program coordinators the infor-
     5  mation collected pursuant to this subdivision.
     6    § 4.  Paragraphs (viii) and (ix) of subdivision (b) of section 9.48 of
     7  the mental hygiene law are renumbered paragraphs (ix) and (x) and a  new
     8  paragraph (viii) is added to read as follows:
     9    (viii)  an  account  of  any court order expiration, including but not
    10  limited to the director's determination as to whether  to  petition  for

    11  continued  assisted  outpatient  treatment,  pursuant to section 9.60 of
    12  this article, the basis for such determination, and the  disposition  of
    13  any such petition;
    14    § 5. Section 9.60 of the mental hygiene law, as amended by chapter 158
    15  of  the  laws  of  2005,  paragraph  1  of subdivision (a) as amended by
    16  section 1 of part E of chapter 111 of the laws of 2010, paragraph  5  of
    17  subdivision  (c)  as  amended  by  chapter  137  of the laws of 2005, is
    18  amended to read as follows:
    19  § 9.60 Assisted outpatient treatment.
    20    (a) Definitions. For purposes of this  section,  the  following  defi-
    21  nitions shall apply:
    22    (1)  "assisted  outpatient  treatment" shall mean categories of outpa-
    23  tient services [which] that have been ordered by the court  pursuant  to

    24  this  section.  Such treatment shall include case management services or
    25  assertive community treatment team  services  to  provide  care  coordi-
    26  nation,  and  may  also  include  any  of  the  following  categories of
    27  services: medication support; medication education or symptom management
    28  education; periodic blood tests or urinalysis  to  determine  compliance
    29  with prescribed medications; individual or group therapy; day or partial
    30  day  programming  activities;  educational  and  vocational  training or
    31  activities; appointment of a representative  payee  or  other  financial
    32  management  services,  subject  to final approval of the Social Security
    33  Administration, where applicable; alcohol or substance  abuse  treatment
    34  and  counseling and periodic or random tests for the presence of alcohol

    35  or illegal drugs for persons with a  history  of  alcohol  or  substance
    36  abuse; supervision of living arrangements; and any other services within
    37  a  local  services  plan developed pursuant to article forty-one of this
    38  chapter, clinical or non-clinical,  prescribed  to  treat  the  person's
    39  mental illness and to assist the person in living and functioning in the
    40  community,  or to attempt to prevent a relapse or deterioration that may
    41  reasonably be predicted to result in [suicide] serious physical harm  to
    42  any person or the need for hospitalization.
    43    (2)  "director"  shall  mean  the  director of community services of a
    44  local governmental unit, or the director of a hospital licensed or oper-
    45  ated by the office of mental health which operates, directs  and  super-
    46  vises an assisted outpatient treatment program.

    47    (3)  "director  of  community  services" and "local governmental unit"
    48  shall have the same meanings as provided in article  forty-one  of  this
    49  chapter.
    50    (4)  "assisted  outpatient  treatment  program" shall mean a system to
    51  arrange for and coordinate the provision of assisted  outpatient  treat-
    52  ment, to monitor treatment compliance by assisted outpatients, to evalu-
    53  ate  the condition or needs of assisted outpatients, to take appropriate
    54  steps to address the needs of such individuals, and to ensure compliance
    55  with court orders.

        A. 6987--B                          4
 
     1    (5) "assisted outpatient" shall mean the person under a court order to
     2  receive assisted outpatient treatment.
     3    (6)  "subject  of the petition" or "subject" shall mean the person who
     4  is alleged in a petition, filed  pursuant  to  the  provisions  of  this

     5  section, to meet the criteria for assisted outpatient treatment.
     6    (7)  "correctional  facility"  and "local correctional facility" shall
     7  have the same meanings as provided in section two of the correction law.
     8    (8) "health care proxy" and "health care agent" shall  have  the  same
     9  meanings as provided in article twenty-nine-C of the public health law.
    10    (9)  "program  coordinator"  shall mean an individual appointed by the
    11  commissioner [of mental health], pursuant to subdivision (f) of  section
    12  7.17  of this chapter, who is responsible for the oversight and monitor-
    13  ing of assisted outpatient treatment programs.
    14    (b) Programs. The director of community services of each local govern-
    15  mental unit shall operate, direct and supervise an  assisted  outpatient
    16  treatment  program.  The  director of a hospital licensed or operated by

    17  the office [of mental health]  may  operate,  direct  and  supervise  an
    18  assisted  outpatient treatment program, upon approval by the commission-
    19  er. Directors of community services shall be permitted  to  satisfy  the
    20  provisions  of  this subdivision through the operation of joint assisted
    21  outpatient treatment programs. Nothing  in  this  subdivision  shall  be
    22  interpreted  to  preclude  the  combination  or  coordination of efforts
    23  between and among local governmental units and  hospitals  in  providing
    24  and coordinating assisted outpatient treatment.
    25    (c)  Criteria.  A person may be ordered to receive assisted outpatient
    26  treatment if the court finds that such person:
    27    (1) is eighteen years of age or older; and
    28    (2) is suffering from a mental illness; and
    29    (3) is unlikely to survive safely  in  the  community  without  super-

    30  vision, based on a clinical determination; and
    31    (4)  has  a  history  of  lack of compliance with treatment for mental
    32  illness that has:
    33    (i) [prior to the filing of the petition,] at least twice  within  the
    34  [last]  thirty-six  months  prior  to  the filing of the petition been a
    35  significant factor in necessitating hospitalization in  a  hospital,  or
    36  receipt  of  services  in  a  forensic  or other mental health unit of a
    37  correctional facility or a local correctional facility[, not including];
    38  provided that such thirty-six month period  shall  be  extended  by  the
    39  length  of  any current period[, or period ending] of hospitalization or
    40  incarceration, and any such  period  that  ended  within  the  last  six

    41  months[,  during  which the person was or is hospitalized or incarcerat-
    42  ed]; or
    43    (ii) within forty-eight months prior to the filing  of  the  petition,
    44  resulted  in one or more acts of serious violent behavior toward self or
    45  others or threats of, or attempts at, serious physical harm to  self  or
    46  others  [within  the  last  forty-eight months, not including]; provided
    47  that such forty-eight month period shall be extended by  the  length  of
    48  any  current period[, or period ending] of hospitalization or incarcera-
    49  tion, and any such period that ended within the  last  six  months[,  in
    50  which the person was or is hospitalized or incarcerated]; and
    51    (5)  is,  as a result of his or her mental illness, unlikely to volun-

    52  tarily participate in outpatient treatment that would enable him or  her
    53  to live safely in the community; and
    54    (6)  in  view of his or her treatment history and current behavior, is
    55  in need of assisted outpatient treatment in order to prevent  a  relapse

        A. 6987--B                          5
 
     1  or  deterioration which would be likely to result in serious harm to the
     2  person or others as defined in section 9.01 of this article; and
     3    (7) is likely to benefit from assisted outpatient treatment.
     4    (d) Health care proxy. Nothing in this section shall preclude a person
     5  with  a  health  care proxy from being subject to a petition pursuant to
     6  this chapter and consistent with article  twenty-nine-C  of  the  public
     7  health law.
     8    (e)  Investigation of reports. The commissioner shall promulgate regu-

     9  lations establishing a procedure to ensure that reports of a person  who
    10  may  be  in  need  of  assisted  outpatient  treatment,  including those
    11  received from family and community members of such person, are  investi-
    12  gated in a timely manner and, where appropriate, result in the filing of
    13  petitions for assisted outpatient treatment.
    14    (f)  Petition  to  the  court. (1) A petition for an order authorizing
    15  assisted outpatient treatment may be filed  in  the  supreme  or  county
    16  court  in  the county in which the subject of the petition is present or
    17  reasonably believed to be present. Such petition may be  initiated  only
    18  by the following persons:
    19    (i) any person eighteen years of age or older with whom the subject of
    20  the petition resides; or

    21    (ii)  the  parent,  spouse, sibling eighteen years of age or older, or
    22  child eighteen years of age or older of the subject of the petition; or
    23    (iii) the director of a hospital in which the subject of the  petition
    24  is hospitalized; or
    25    (iv)  the director of any public or charitable organization, agency or
    26  home providing mental health services to the subject of the petition  or
    27  in whose institution the subject of the petition resides; or
    28    (v)  a  qualified psychiatrist who is either supervising the treatment
    29  of or treating the subject of the petition for a mental illness; or
    30    (vi) a psychologist, licensed pursuant to article one  hundred  fifty-
    31  three  of  the  education  law, or a social worker, licensed pursuant to
    32  article one hundred fifty-four of the education law, who is treating the
    33  subject of the petition for a mental illness; or

    34    (vii) the director of community services, or his or her  designee,  or
    35  the  social services official, as defined in the social services law, of
    36  the city or county in which the subject of the petition  is  present  or
    37  reasonably believed to be present; or
    38    (viii) a parole officer or probation officer assigned to supervise the
    39  subject of the petition[.]; or
    40    (ix)  the  director of the hospital or the superintendent of a correc-
    41  tional facility in which the subject  of  the  petition  is  imprisoned,
    42  pursuant to section four hundred four of the correction law.
    43    (2)  The  commissioner  shall promulgate regulations pursuant to which
    44  persons initiating a petition, pursuant to subparagraphs (i) and (ii) of
    45  paragraph one of this subdivision, may receive assistance in filing such

    46  petitions, where appropriate, as determined pursuant to subdivision  (e)
    47  of this section.
    48    (3) The petition shall state:
    49    (i)  each  of  the  criteria  for assisted outpatient treatment as set
    50  forth in subdivision (c) of this section;
    51    (ii) facts which support the petitioner's belief that the  subject  of
    52  the  petition  meets  each  criterion,  provided that the hearing on the
    53  petition need not be limited to the stated facts; and
    54    (iii) that the subject of the petition is present,  or  is  reasonably
    55  believed to be present, within the county where such petition is filed.

        A. 6987--B                          6
 
     1    [(3)] (4) The petition shall be accompanied by an affirmation or affi-
     2  davit of a physician, who shall not be the petitioner, stating that such

     3  physician  is willing and able to testify at the hearing on the petition
     4  and that either [that]:
     5    (i) such physician has personally examined the subject of the petition
     6  no  more  than  ten  days prior to the submission of the petition[,] and
     7  recommends assisted outpatient treatment for the subject  of  the  peti-
     8  tion[,  and  is  willing and able to testify at the hearing on the peti-
     9  tion]; or
    10    (ii) no more than ten days prior to the filing of the  petition,  such
    11  physician  or  his or her designee has made appropriate attempts but has
    12  not been successful in eliciting the cooperation of the subject  of  the
    13  petition  to  submit  to  an  examination,  such physician has reason to
    14  suspect that the subject of the petition meets the criteria for assisted

    15  outpatient treatment, and such physician is willing and able to  examine
    16  the subject of the petition [and testify at the hearing on the petition]
    17  prior to providing testimony.
    18    [(4)]  (5)  In  counties  with  a population of less than seventy-five
    19  thousand, the affirmation or affidavit  required  by  paragraph  [three]
    20  four  of  this subdivision may be made by a physician who is an employee
    21  of the office.  The office is authorized and directed to make available,
    22  at no cost to the county, a  qualified  physician  for  the  purpose  of
    23  making  such  affirmation or affidavit consistent with the provisions of
    24  such paragraph.
    25    [(f)] (g) Service. The petitioner shall cause written  notice  of  the
    26  petition  to  be given to the subject of the petition and a copy thereof

    27  to be given personally or by mail to the persons listed in section  9.29
    28  of this article, the mental hygiene legal service, the health care agent
    29  if  any  such  agent is known to the petitioner, the appropriate program
    30  coordinator, and the appropriate director of community services, if such
    31  director is not the petitioner.
    32    [(g)] (h) Right to counsel. The subject of the petition shall have the
    33  right to be represented by the mental hygiene legal service, or private-
    34  ly financed counsel, at all stages of a proceeding commenced under  this
    35  section.
    36    [(h)]  (i)  Hearing. (1) Upon receipt of the petition, the court shall
    37  fix the date for a hearing. Such date shall be no later than three  days
    38  from  the  date such petition is received by the court, excluding Satur-

    39  days, Sundays and holidays. Adjournments shall  be  permitted  only  for
    40  good cause shown. In granting adjournments, the court shall consider the
    41  need  for  further  examination  by a physician or the potential need to
    42  provide assisted outpatient treatment  expeditiously.  The  court  shall
    43  cause  the  subject  of  the petition, any other person receiving notice
    44  pursuant to subdivision [(f)] (g) of this section, the  petitioner,  the
    45  physician  whose  affirmation or affidavit accompanied the petition, and
    46  such other persons as the court may determine  to  be  advised  of  such
    47  date.  Upon  such  date, or upon such other date to which the proceeding
    48  may be adjourned, the court shall hear testimony and, if  it  be  deemed
    49  advisable  and  the  subject  of  the petition is available, examine the
    50  subject of the petition in or out of court. If the subject of the  peti-

    51  tion  does not appear at the hearing, and appropriate attempts to elicit
    52  the attendance of the subject have failed, the  court  may  conduct  the
    53  hearing  in  the  subject's  absence.  In such case, the court shall set
    54  forth the factual basis for conducting the hearing without the  presence
    55  of the subject of the petition.

        A. 6987--B                          7
 
     1    (2)  The court shall not order assisted outpatient treatment unless an
     2  examining physician, who recommends assisted  outpatient  treatment  and
     3  has  personally  examined  the  subject of the petition no more than ten
     4  days before the filing of the petition, testifies in person at the hear-
     5  ing.  Such  physician  shall state the facts and clinical determinations
     6  which support the allegation that the subject of the petition meets each

     7  of the criteria for assisted outpatient  treatment;  provided  that  the
     8  parties may stipulate, upon mutual consent, that such physician need not
     9  testify.
    10    (3)  If  the  subject  of the petition has refused to be examined by a
    11  physician, the court may request the subject to consent to  an  examina-
    12  tion  by a physician appointed by the court. If the subject of the peti-
    13  tion does not consent and the court finds reasonable  cause  to  believe
    14  that the allegations in the petition are true, the court may order peace
    15  officers,  acting  pursuant  to their special duties, or police officers
    16  who are members of an authorized police department or  force,  or  of  a
    17  sheriff's  department  to  take the subject of the petition into custody
    18  and transport him or her to a hospital for examination by  a  physician.

    19  Retention  of  the  subject  of  the petition under such order shall not
    20  exceed twenty-four hours. The examination of the subject of the petition
    21  may be performed by the physician whose affirmation or affidavit  accom-
    22  panied the petition pursuant to paragraph three of subdivision [(e)] (f)
    23  of  this  section,  if  such physician is privileged by such hospital or
    24  otherwise authorized by such hospital to do so. If such  examination  is
    25  performed by another physician, the examining physician may consult with
    26  the physician whose affirmation or affidavit accompanied the petition as
    27  to whether the subject meets the criteria for assisted outpatient treat-
    28  ment.
    29    (4) A physician who testifies pursuant to paragraph two of this subdi-
    30  vision  shall  state:  (i) the facts [which] and clinical determinations

    31  that support the allegation that the subject meets each of the  criteria
    32  for  assisted outpatient treatment, (ii) that the treatment is the least
    33  restrictive  alternative,  (iii)  the  recommended  assisted  outpatient
    34  treatment,  and  (iv)  the rationale for the recommended assisted outpa-
    35  tient  treatment.  If  the  recommended  assisted  outpatient  treatment
    36  includes medication, such physician's testimony shall describe the types
    37  or  classes of medication which should be authorized, shall describe the
    38  beneficial and detrimental physical and mental effects of  such  medica-
    39  tion,  and shall recommend whether such medication should be self-admin-
    40  istered or administered by authorized personnel.
    41    (5) The subject of the petition shall be afforded  an  opportunity  to
    42  present  evidence, to call witnesses on his or her behalf, and to cross-
    43  examine adverse witnesses.

    44    [(i)] (j) Written treatment  plan.  (1)  The  court  shall  not  order
    45  assisted outpatient treatment unless a physician appointed by the appro-
    46  priate  director,  in  consultation  with  such  director,  develops and
    47  provides to the court a proposed written  treatment  plan.  The  written
    48  treatment  plan  shall  include  case  management  services or assertive
    49  community treatment team services  to  provide  care  coordination.  The
    50  written treatment plan also shall include all categories of services, as
    51  set  forth  in  paragraph  one of subdivision (a) of this section, which
    52  such physician recommends that the subject of the petition receive.  All
    53  service  providers  shall  be  notified regarding their inclusion in the
    54  written treatment plan. If the written treatment plan  includes  medica-
    55  tion, it shall state whether such medication should be self-administered

    56  or  administered  by  authorized  personnel,  and shall specify type and

        A. 6987--B                          8
 
     1  dosage range of medication most likely to provide  maximum  benefit  for
     2  the subject. If the written treatment plan includes alcohol or substance
     3  abuse  counseling  and  treatment,  such  plan  may  include a provision
     4  requiring  relevant  testing  for  either  alcohol or illegal substances
     5  provided the physician's  clinical  basis  for  recommending  such  plan
     6  provides sufficient facts for the court to find (i) that such person has
     7  a  history  of  alcohol or substance abuse that is clinically related to
     8  the mental illness; and (ii) that such testing is necessary to prevent a
     9  relapse or deterioration which would be likely to result in serious harm
    10  to the person or others. If a director is the  petitioner,  the  written

    11  treatment  plan shall be provided to the court no later than the date of
    12  the hearing on the petition. If a person other than a  director  is  the
    13  petitioner,  such  plan shall be provided to the court no later than the
    14  date set by the court pursuant to paragraph three of  subdivision  [(j)]
    15  (k) of this section.
    16    (2)  The  physician  appointed  to  develop the written treatment plan
    17  shall provide the following persons  with  an  opportunity  to  actively
    18  participate  in  the  development of such plan: the subject of the peti-
    19  tion; the treating physician, if  any;  and  upon  the  request  of  the
    20  subject  of  the  petition,  an  individual  significant  to the subject
    21  including any relative, close friend or individual  otherwise  concerned
    22  with  the  welfare  of the subject. The appointed physician shall make a

    23  reasonable effort to gather relevant information for the development  of
    24  the  treatment  plan from the subject of the petition's family member or
    25  members, or his or her significant other. If the subject of the petition
    26  has executed a health care proxy, the appointed physician shall consider
    27  any directions included in such proxy in developing the  written  treat-
    28  ment plan.
    29    (3)  The  court shall not order assisted outpatient treatment unless a
    30  physician appearing on behalf of a director  testifies  to  explain  the
    31  written  proposed  treatment  plan; provided that the parties may stipu-
    32  late, upon mutual consent, that such physician need not testify.    Such
    33  physician  shall  state  the categories of assisted outpatient treatment
    34  recommended, the rationale for each such category, facts which establish

    35  that such treatment is the least restrictive alternative,  and,  if  the
    36  recommended assisted outpatient treatment plan includes medication, such
    37  physician  shall  state  the types or classes of medication recommended,
    38  the beneficial and detrimental physical and mental effects of such medi-
    39  cation, and whether  such  medication  should  be  self-administered  or
    40  administered  by an authorized professional. If the subject of the peti-
    41  tion has executed a health care proxy, such physician  shall  state  the
    42  consideration given to any directions included in such proxy in develop-
    43  ing  the written treatment plan. If a director is the petitioner, testi-
    44  mony pursuant to this paragraph shall be given at  the  hearing  on  the
    45  petition.  If  a  person  other  than a director is the petitioner, such
    46  testimony shall be given on the date set by the court pursuant to  para-

    47  graph three of subdivision [(j)] (k) of this section.
    48    [(j)] (k) Disposition. (1) If after hearing all relevant evidence, the
    49  court does not find by clear and convincing evidence that the subject of
    50  the  petition  meets the criteria for assisted outpatient treatment, the
    51  court shall dismiss the petition.
    52    (2) If after hearing all relevant evidence, the court finds  by  clear
    53  and  convincing  evidence  that  the  subject  of the petition meets the
    54  criteria for assisted outpatient treatment, and there is no  appropriate
    55  and  feasible  less  restrictive  alternative,  the  court may order the
    56  subject to receive assisted outpatient treatment for an  initial  period

        A. 6987--B                          9
 

     1  not to exceed [six months] one year.  In fashioning the order, the court
     2  shall  specifically  make findings by clear and convincing evidence that
     3  the proposed treatment is the least  restrictive  treatment  appropriate
     4  and  feasible  for the subject. The order shall state an assisted outpa-
     5  tient treatment plan, which shall include  all  categories  of  assisted
     6  outpatient  treatment,  as set forth in paragraph one of subdivision (a)
     7  of this section, which the assisted outpatient is to receive, but  shall
     8  not  include  any  such category that has not been recommended in [both]
     9  the proposed written treatment plan and [the] in any testimony  provided
    10  to the court pursuant to subdivision [(i)] (j) of this section.
    11    (3)  If  after hearing all relevant evidence presented by a petitioner

    12  who is not a director, the court finds by clear and convincing  evidence
    13  that  the subject of the petition meets the criteria for assisted outpa-
    14  tient treatment, and the court has yet to be  provided  with  a  written
    15  proposed  treatment plan and testimony pursuant to subdivision [(i)] (j)
    16  of this section, the court  shall  order  the  appropriate  director  to
    17  provide  the  court with such plan and testimony no later than the third
    18  day, excluding Saturdays, Sundays and  holidays,  immediately  following
    19  the  date  of  such  order; provided that the parties may stipulate upon
    20  mutual consent that such testimony need not be provided.  Upon receiving
    21  such plan and any required  testimony,  the  court  may  order  assisted
    22  outpatient treatment as provided in paragraph two of this subdivision.

    23    (4)  A  court  may  order  the patient to self-administer psychotropic
    24  drugs or accept the administration of such drugs by authorized personnel
    25  as part of an assisted outpatient  treatment  program.  Such  order  may
    26  specify  the  type  and dosage range of such psychotropic drugs and such
    27  order shall be effective for the duration of  such  assisted  outpatient
    28  treatment.
    29    (5)  If  the petitioner is the director of a hospital that operates an
    30  assisted outpatient treatment program, the court order shall direct  the
    31  hospital  director  to provide or arrange for all categories of assisted
    32  outpatient treatment for the assisted outpatient throughout  the  period
    33  of  the order. For all other persons, the order shall require the direc-
    34  tor of community services of the appropriate local governmental unit  to
    35  provide  or  arrange for all categories of assisted outpatient treatment

    36  for the assisted outpatient throughout the period of the order.   Orders
    37  issued  on or after the effective date of the chapter of the laws of two
    38  thousand twelve that amended this section shall require the  appropriate
    39  director  "as  determined  by  the  program  coordinator"  to provide or
    40  arrange for all categories of  assisted  outpatient  treatment  for  the
    41  assisted outpatient throughout the period of the order.
    42    (6) The director shall cause a copy of any court order issued pursuant
    43  to  this section to be served personally, or by mail, facsimile or elec-
    44  tronic means, upon the assisted outpatient,  the  mental  hygiene  legal
    45  service  or  anyone  acting  on  the  assisted  outpatient's behalf, the
    46  original petitioner, identified service providers, and all others  enti-

    47  tled to notice under subdivision [(f)] (g) of this section.
    48    [(k)]  (l)  Relocation of assisted outpatients. The commissioner shall
    49  promulgate regulations requiring that, during the period of  the  order,
    50  an  assisted  outpatient  and any other appropriate persons shall notify
    51  the program coordinator within a reasonable time prior to such  assisted
    52  outpatient relocating within the state of New York to an area not served
    53  by  the  director  who  has  been directed to provide or arrange for the
    54  assisted outpatient treatment. Upon receiving notification of such relo-
    55  cation, the program coordinator shall redetermine  who  the  appropriate

        A. 6987--B                         10
 

     1  director shall be and cause a copy of the court order and treatment plan
     2  to be transmitted to such director.
     3    (m)  Petition  for  [additional  periods of] continued treatment.  (1)
     4  Within thirty days prior to the expiration of an order pursuant to  this
     5  section,  the  appropriate  director  shall  review whether the assisted
     6  outpatient continues to meet the criteria for assisted outpatient treat-
     7  ment.  Upon determining that one or more of such criteria are no  longer
     8  met,  such director shall notify the program coordinator in writing that
     9  a petition for continued assisted outpatient treatment is not warranted.
    10  Upon determining that such criteria continue to be met, he or she  shall

    11  petition  the court to order continued assisted outpatient treatment for
    12  a period not to exceed one year from the expiration date of the  current
    13  order.  If the court's disposition of such petition does not occur prior
    14  to the expiration date of the current order,  the  current  order  shall
    15  remain  in  effect  until such disposition. The procedures for obtaining
    16  any order pursuant to this subdivision shall be in accordance  with  the
    17  provisions  of  the foregoing subdivision of this section; provided that
    18  the time restrictions included in paragraph four of subdivision  (c)  of
    19  this section shall not be applicable. The notice provisions set forth in
    20  paragraph  six  of  subdivision (k) of this section shall be applicable.

    21  Any court order requiring periodic blood tests  or  urinalysis  for  the
    22  presence  of  alcohol  or illegal drugs shall be subject to review after
    23  six months by the physician who developed the written treatment plan  or
    24  another  physician  designated by the director, and such physician shall
    25  be authorized to  terminate  such  blood  tests  or  urinalysis  without
    26  further action by the court.
    27    (2) Within thirty days prior to the expiration of an order of assisted
    28  outpatient  treatment,  [the  appropriate director or] the current peti-
    29  tioner, if the current petition was filed pursuant to  subparagraph  (i)
    30  or  (ii)  of paragraph one of subdivision [(e)] (f) of this section, and
    31  the current petitioner retains his or her original  status  pursuant  to

    32  the  applicable  subparagraph, may petition the court to order continued
    33  assisted outpatient treatment for a period not to exceed one  year  from
    34  the  expiration date of the current order. If the court's disposition of
    35  such petition does not occur prior to the expiration date of the current
    36  order, the current order shall remain in effect until such  disposition.
    37  The  procedures  for  obtaining  any  order pursuant to this subdivision
    38  shall be in accordance with the provisions of the foregoing subdivisions
    39  of this section; provided that the time restrictions included  in  para-
    40  graph  four  of subdivision (c) of this section shall not be applicable.
    41  The notice provisions set forth in paragraph six  of  subdivision  [(j)]
    42  (k)  of  this  section  shall be applicable.   Any court order requiring
    43  periodic blood tests or urinalysis for the presence of alcohol or  ille-

    44  gal  drugs  shall be subject to review after six months by the physician
    45  who developed the written treatment plan or another physician designated
    46  by the director, and such physician shall  be  authorized  to  terminate
    47  such blood tests or urinalysis without further action by the court.
    48    (3)  If  neither  the  appropriate director nor the current petitioner
    49  petition for continued assisted outpatient treatment  pursuant  to  this
    50  paragraph  and  the order of the court expires, any other person author-
    51  ized to petition pursuant to paragraph one of subdivision  (f)  of  this
    52  section  may bring a new petition for assisted outpatient treatment.  If
    53  such new petition is filed less than sixty days after the expiration  of
    54  such order, the time restrictions provided in paragraph four of subdivi-

    55  sion (c) of this section shall not be applicable to the new petition.

        A. 6987--B                         11
 
     1    (4)  If, thirty days prior to the expiration of an order, the assisted
     2  outpatient is deemed by the  appropriate  director  to  be  missing  and
     3  thereby  unavailable for evaluation as to whether he or she continues to
     4  meet the criteria for assisted outpatient treatment, such director shall
     5  petition  the  court to extend the term of the current order until sixty
     6  days after such time as the assisted outpatient is located. If the court
     7  grants the extension, the director shall continue reasonable efforts  to
     8  locate  the  assisted outpatient.   Upon location of the assisted outpa-

     9  tient, the director shall review whether the assisted outpatient contin-
    10  ues to meet the criteria for assisted outpatient treatment, pursuant  to
    11  paragraph two of this subdivision.
    12    [(l)]  (n)  Petition  for  an  order to stay, vacate or modify. (1) In
    13  addition to any other right or remedy available by law with  respect  to
    14  the  order  for  assisted outpatient treatment, the assisted outpatient,
    15  the mental hygiene legal service,  or  anyone  acting  on  the  assisted
    16  outpatient's  behalf  may  petition the court on notice to the director,
    17  the original petitioner, and all others entitled to notice under  subdi-
    18  vision [(f)] (g) of this section to stay, vacate or modify the order.
    19    (2)  The  appropriate  director  shall petition the court for approval

    20  before instituting a proposed material change in the assisted outpatient
    21  treatment plan, unless such change is authorized by  the  order  of  the
    22  court. Such petition shall be filed on notice to all parties entitled to
    23  notice  under subdivision [(f)] (g) of this section. Not later than five
    24  days after receiving such petition,  excluding  Saturdays,  Sundays  and
    25  holidays,  the court shall hold a hearing on the petition; provided that
    26  if the assisted outpatient informs the court that he or  she  agrees  to
    27  the  proposed material change, the court may approve such change without
    28  a hearing. Non-material changes may be instituted by the director  with-
    29  out  court  approval.  For  the  purposes  of this paragraph, a material
    30  change is an addition or deletion of a category of services to or from a
    31  current assisted outpatient treatment plan, or any deviation without the

    32  assisted outpatient's consent from the terms of a current order relating
    33  to the administration of psychotropic drugs.
    34    [(m)] (o) Appeals. Review of an order issued pursuant to this  section
    35  shall  be  had  in  like  manner  as  specified  in section 9.35 of this
    36  article; provided that notice shall be provided to all parties  entitled
    37  to notice under subdivision (g) of this section.
    38    [(n)]  (p) Failure to comply with assisted outpatient treatment. Where
    39  in the clinical judgment of a physician, (i)  the  assisted  outpatient,
    40  has  failed or refused to comply with the assisted outpatient treatment,
    41  (ii) efforts were made to solicit compliance, and  (iii)  such  assisted
    42  outpatient  may be in need of involuntary admission to a hospital pursu-

    43  ant to section 9.27 of this article or immediate observation,  care  and
    44  treatment  pursuant to section 9.39 or 9.40 of this article, such physi-
    45  cian may request the director  of  community  services,  the  director's
    46  designee,  or  any  physician  designated  by  the director of community
    47  services pursuant to section 9.37 of this article, to direct the removal
    48  of such assisted outpatient to an appropriate hospital for  an  examina-
    49  tion  to  determine  if such person has a mental illness for which he or
    50  she is in need of hospitalization is necessary pursuant to section 9.27,
    51  9.39 or 9.40 of this article[. Furthermore, if such assisted  outpatient
    52  refuses to take medications as required by the court order, or he or she
    53  refuses  to  take, or fails a blood test, urinalysis, or alcohol or drug

    54  test as required by the court order, such physician  may  consider  such
    55  refusal  or  failure  when determining whether]; provided that if, after
    56  efforts to  solicit  compliance,  such  physician  determines  that  the

        A. 6987--B                         12
 
     1  assisted  outpatient's  failure  to  comply with the assisted outpatient
     2  treatment includes a substantial failure to  take  medication,  pass  or
     3  submit  to blood testing or urinalysis, or receive treatment for alcohol
     4  or  substance abuse, such physician may presume that the assisted outpa-
     5  tient is in need of an examination to determine whether he or she has  a
     6  mental  illness for which hospitalization is necessary. Upon the request

     7  of such physician, the director, the director's designee, or any  physi-
     8  cian  designated  pursuant  to  section 9.37 of this article, may direct
     9  peace officers, acting pursuant to their special duties, or police offi-
    10  cers who are members of an authorized police department or force or of a
    11  sheriff's department to take the assisted outpatient  into  custody  and
    12  transport  him  or her to the hospital operating the assisted outpatient
    13  treatment program or to any  hospital  authorized  by  the  director  of
    14  community  services  to receive such persons. Such law enforcement offi-
    15  cials shall carry out such directive. Upon the request  of  such  physi-
    16  cian, the director, the director's designee, or any physician designated
    17  pursuant  to  section  9.37  of  this  article, an ambulance service, as
    18  defined by subdivision two of section three thousand one of  the  public

    19  health  law,  or  an  approved mobile crisis outreach team as defined in
    20  section 9.58 of this article shall be authorized to  take  into  custody
    21  and  transport  any  such  person to the hospital operating the assisted
    22  outpatient treatment program, or to any other hospital authorized by the
    23  director of community services to receive such persons. Any director  of
    24  community  services,  or  designee,  shall  be  authorized to direct the
    25  removal of an assisted outpatient who is present in his or her county to
    26  an appropriate hospital, in  accordance  with  the  provisions  of  this
    27  subdivision,  based  upon a determination of the appropriate director of
    28  community services directing the removal  of  such  assisted  outpatient
    29  pursuant  to  this subdivision. Such person may be retained for observa-
    30  tion, care and treatment and further examination in the hospital for  up

    31  to  seventy-two  hours  to  permit a physician to determine whether such
    32  person has a mental illness and is  in  need  of  involuntary  care  and
    33  treatment  in a hospital pursuant to the provisions of this article. Any
    34  continued involuntary retention  of  the  assisted  outpatient  in  such
    35  hospital  beyond the initial seventy-two hour period shall be in accord-
    36  ance with the provisions of this article  relating  to  the  involuntary
    37  admission  and retention of a person. If at any time during the seventy-
    38  two hour period the person is determined not  to  meet  the  involuntary
    39  admission  and  retention provisions of this article, and does not agree
    40  to stay in the hospital as a voluntary or informal patient,  he  or  she
    41  must be released. Failure to comply with an order of assisted outpatient
    42  treatment  shall  not  be  grounds for involuntary civil commitment or a

    43  finding of contempt of court.
    44    [(o)] (q) Effect of determination that a person is in need of assisted
    45  outpatient treatment. The determination by a court that a person  is  in
    46  need  of  assisted  outpatient  treatment  shall  not be construed as or
    47  deemed to be a determination that such person is incapacitated  pursuant
    48  to article eighty-one of this chapter.
    49    [(p)] (r) False petition. A person making a false statement or provid-
    50  ing  false information or false testimony in a petition or hearing under
    51  this section shall be subject to criminal prosecution pursuant to  arti-
    52  cle  one  hundred  seventy-five  or article two hundred ten of the penal
    53  law.
    54    [(q)] (s) Exception. Nothing in this section  shall  be  construed  to
    55  affect  the  ability of the director of a hospital to receive, admit, or

        A. 6987--B                         13
 
     1  retain patients who  otherwise  meet  the  provisions  of  this  article
     2  regarding receipt, retention or admission.
     3    [(r)]  (t)  Education and training. (1) The office [of mental health],
     4  in consultation with the office of court administration,  shall  prepare
     5  educational  and  training  materials  on the use of this section, which
     6  shall be made  available  to  local  governmental  units,  providers  of
     7  services,  judges,  court  personnel,  law enforcement officials and the
     8  general public.
     9    (2) The office, in consultation with  the  office  of  court  adminis-
    10  tration,  shall  establish  a mental health training program for supreme
    11  and county court judges and court  personnel,  and  shall  provide  such

    12  training with such frequency and in such locations as may be appropriate
    13  to  meet  statewide needs.  Such training shall focus on the use of this
    14  section and generally address issues  relating  to  mental  illness  and
    15  mental health treatment.
    16    §  6.  Section  29.15 of the mental hygiene law is amended by adding a
    17  new subdivision (o) to read as follows:
    18    (o) If the director of a department facility  does  not  petition  for
    19  assisted  outpatient  treatment pursuant to section 9.60 of this chapter
    20  upon the discharge of an inpatient admitted pursuant  to  section  9.27,
    21  9.39  or  9.40  of  this  chapter, or upon the expiration of a period of
    22  conditional release for such inpatient, such director shall report  such

    23  discharge  or  such  expiration  in writing to the director of community
    24  services of the local  governmental  unit  in  which  the  inpatient  is
    25  expected to reside.
    26    § 7. Subdivision 1 of section 404 of the correction law, as amended by
    27  chapter 7 of the laws of 2007, is amended to read as follows:
    28    1.  Whenever  an  inmate  committed to a hospital in the department of
    29  mental hygiene or whenever an inmate is examined in anticipation of  his
    30  or  her  conditional release, release to parole supervision, or when his
    31  or her sentence to a term of imprisonment expires and such inmate  shall
    32  continue  to  be  mentally  ill and in need of care and treatment at the
    33  time of his or her conditional release, release to  parole  supervision,
    34  or  when  his  or  her  sentence  to a term of imprisonment expires, the

    35  director of the hospital or the superintendent of a correctional facili-
    36  ty [may] shall, where appropriate, either apply for the person's  admis-
    37  sion to a hospital for the care and treatment of the mentally ill in the
    38  department  of  mental  hygiene  pursuant  to article nine of the mental
    39  hygiene law[,] or [alternatively]  initiate  a  petition  for  an  order
    40  authorizing  assisted  outpatient treatment, pursuant to section 9.60 of
    41  the mental hygiene law, or the commissioner may apply for  the  person's
    42  admission  to a secure treatment facility pursuant to article ten of the
    43  mental hygiene law.
    44    § 8. Section 18 of chapter 408  of  the  laws  of  1999,  constituting
    45  Kendra's  Law, as amended by chapter 139 of the laws of 2010, is amended
    46  to read as follows:

    47    § 18. This act shall take effect immediately,  provided  that  section
    48  fifteen  of this act shall take effect April 1, 2000, provided, further,
    49  that subdivision (e) of section 9.60 of the mental hygiene law as  added
    50  by  section  six  of  this act shall be effective 90 days after this act
    51  shall become law[; and that this act shall expire and be deemed repealed
    52  June 30, 2015].
    53    § 9. Severability. If any clause, sentence, paragraph, section or part
    54  of this act shall be adjudged by any court of competent jurisdiction  to
    55  be  invalid,  and  after  exhaustion of all further judicial review, the
    56  judgment shall not affect, impair or invalidate the  remainder  thereof,

        A. 6987--B                         14
 
     1  but  shall  be  confined in its operation to the clause, sentence, para-

     2  graph, section or part thereof directly involved in the controversy.
     3    § 10.  This act shall take effect immediately.
Go to top
Page display time = 0.195 sec