[ ] is old law to be omitted.
LBD05836-04-8
S. 516--B 2
(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;
(v) that directors of community services establish procedures [which]
THAT provide that reports of persons who may be in need of assisted
outpatient treatment are appropriately investigated in a timely manner;
[and]
(vi) that assisted outpatient treatment services are delivered in a
timely manner[.];
(VII) THAT, PRIOR TO THE EXPIRATION OF ASSISTED OUTPATIENT TREATMENT
ORDERS, THE CLINICAL NEEDS OF ASSISTED OUTPATIENTS ARE ADEQUATELY
REVIEWED IN DETERMINING THE NEED TO PETITION FOR CONTINUED ASSISTED
OUTPATIENT TREATMENT PURSUANT TO SUBDIVISION (M) OF SECTION 9.60 OF THIS
TITLE;
(VIII) THAT THE APPROPRIATE DIRECTOR IS DETERMINED FOR EACH ASSISTED
OUTPATIENT, PURSUANT TO SUBDIVISIONS (K) AND (L) OF SECTION 9.60 OF THIS
TITLE; AND
(IX) THAT THE OFFICE FULFILLS ITS DUTIES PURSUANT TO SUBDIVISION (T)
OF SECTION 9.60 OF THIS TITLE TO MEET LOCAL NEEDS FOR TRAINING OF JUDGES
AND COURT PERSONNEL.
§ 2. Subdivision (f) of section 7.17 of the mental hygiene law is
amended by adding a new paragraph 5 to read as follows:
(5) THE COMMISSIONER SHALL DEVELOP AN EDUCATIONAL PAMPHLET ON THE
PROCESS OF PETITIONING FOR ASSISTED OUTPATIENT TREATMENT FOR DISSEM-
INATION TO INDIVIDUALS SEEKING TO SUBMIT REPORTS OF PERSONS WHO MAY BE
IN NEED OF ASSISTED OUTPATIENT TREATMENT, AND INDIVIDUALS SEEKING TO
FILE A PETITION PURSUANT TO SUBPARAGRAPH (I) OR (II) OF PARAGRAPH ONE OF
SUBDIVISION (F) OF SECTION 9.60 OF THIS TITLE. SUCH PAMPHLET SHALL SET
FORTH, IN PLAIN LANGUAGE: THE CRITERIA FOR ASSISTED OUTPATIENT TREAT-
MENT, RESOURCES AVAILABLE TO SUCH INDIVIDUALS, THE RESPONSIBILITIES OF
PROGRAM COORDINATORS AND DIRECTORS OF COMMUNITY SERVICES, A SUMMARY OF
CURRENT LAW, THE PROCESS FOR PETITIONING FOR CONTINUED ASSISTED OUTPA-
TIENT TREATMENT, AND OTHER SUCH INFORMATION THE COMMISSIONER DETERMINES
TO BE PERTINENT.
§ 3. Subdivision (b) of section 9.47 of the mental hygiene law, as
amended by chapter 158 of the laws of 2005, paragraphs 5 and 6 as added
and paragraph 7 as renumbered by chapter 1 of the laws of 2013, is
amended to read as follows:
(b) All directors of community services shall be responsible for:
(1) receiving reports of persons who may be in need of assisted outpa-
tient treatment PURSUANT TO SECTION 9.60 OF THIS ARTICLE and documenting
the receipt date of such reports;
(2) conducting timely investigations of such reports RECEIVED PURSUANT
TO PARAGRAPH ONE OF THIS SUBDIVISION and providing written notice upon
the completion of investigations to reporting persons and program coor-
dinators, appointed by the commissioner [of mental health] pursuant to
subdivision (f) of section 7.17 of this title, and documenting the
initiation and completion dates of such investigations and the disposi-
tions;
(3) filing of petitions for assisted outpatient treatment pursuant to
[paragraph] SUBPARAGRAPH (vii) of PARAGRAPH ONE OF subdivision [(e)] (F)
of section 9.60 of this article, and documenting the petition filing
[date] DATES and the [date] DATES of the court [order] ORDERS;
S. 516--B 3
(4) coordinating the timely delivery of court ordered services with
program coordinators and documenting the date assisted outpatients begin
to receive the services mandated in the court order; [and]
(5) ensuring evaluation of the need for ongoing assisted outpatient
treatment pursuant to subdivision [(k)] (M) of section 9.60 of this
article prior to the expiration of any assisted outpatient treatment
order;
(6) if he or she has been ordered to provide for or arrange for
assisted outpatient treatment pursuant to paragraph five of subdivision
[(j)] (K) of section 9.60 of this article or became the appropriate
director pursuant to this paragraph or subdivision (c) of section 9.48
of this article, notifying the director of community services of the new
county of residence when he or she has reason to believe that an
assisted outpatient has or will change his or her county of residence
during the pendency of an assisted outpatient treatment order. Upon such
change of residence, the director of the new county of residence shall
become the appropriate director, as such term is defined in section 9.60
of this article; [and]
(7) NOTIFYING PROGRAM COORDINATORS WHEN ASSISTED OUTPATIENTS CANNOT BE
LOCATED AFTER REASONABLE EFFORTS OR ARE BELIEVED TO HAVE TAKEN RESIDENCE
OUTSIDE OF THE LOCAL GOVERNMENTAL UNIT SERVED; AND
(8) reporting on a quarterly basis to program coordinators the infor-
mation collected pursuant to this subdivision.
§ 4. Paragraphs (viii) and (ix) of subdivision (b) of section 9.48 of
the mental hygiene law are renumbered paragraphs (ix) and (x) and a new
paragraph (viii) is added to read as follows:
(VIII) AN ACCOUNT OF ANY COURT ORDER EXPIRATION, INCLUDING BUT NOT
LIMITED TO THE DIRECTOR'S DETERMINATION AS TO WHETHER TO PETITION FOR
CONTINUED ASSISTED OUTPATIENT TREATMENT, PURSUANT TO SECTION 9.60 OF
THIS ARTICLE, THE BASIS FOR SUCH DETERMINATION, AND THE DISPOSITION OF
ANY SUCH PETITION;
§ 5. Section 9.60 of the mental hygiene law, as amended by chapter 158
of the laws of 2005, paragraph 1 of subdivision (a) as amended by
section 1 of part E of chapter 111 of the laws of 2010, paragraph 3 of
subdivision (a), paragraphs 2 and 5 of subdivision (j), and subdivisions
(k) and (n) as amended by chapter 1 of the laws of 2013, paragraph 5 of
subdivision (c) as amended by chapter 137 of the laws of 2005, paragraph
4 of subdivision (e) as amended by chapter 382 of the laws of 2015, is
amended 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] THAT 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 SUPPORT; MEDICATION EDUCATION OR SYMPTOM MANAGEMENT
EDUCATION; periodic blood tests or urinalysis to determine compliance
with prescribed medications; individual or group therapy; day or partial
day programming activities; educational and vocational training or
activities; APPOINTMENT OF A REPRESENTATIVE PAYEE OR OTHER FINANCIAL
MANAGEMENT SERVICES, SUBJECT TO FINAL APPROVAL OF THE SOCIAL SECURITY
ADMINISTRATION, WHERE APPLICABLE; alcohol or substance abuse treatment
and counseling and periodic OR RANDOM tests for the presence of alcohol
or illegal drugs for persons with a history of alcohol or substance
S. 516--B 4
abuse; supervision of living arrangements; and any other services within
a local services plan developed pursuant to article forty-one of this
chapter, CLINICAL OR NON-CLINICAL, 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 ATTEMPTED suicide, SERIOUS PHYSICAL
HARM TO ANY PERSON or the need for hospitalization.
(2) "director" shall mean the director of community services of a
local governmental unit, or 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.
(3) "director of community services" and "local governmental unit"
shall have the same meanings as provided in article forty-one of this
chapter. The "appropriate director" shall mean the director of community
services of the county where the assisted outpatient resides, even if it
is a different county than the county where the assisted outpatient
treatment order was originally issued.
(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" 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" and "local correctional facility" shall
have the same meanings as provided in section two of the correction law.
(8) "health care proxy" and "health care agent" shall have the same
meanings as provided in article twenty-nine-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) Programs. The director of community services of each local govern-
mental unit shall operate, direct and supervise an assisted outpatient
treatment program. The director of a hospital licensed or operated by
the office [of mental health] may operate, direct and supervise an
assisted outpatient treatment program, upon approval by the commission-
er. Directors of community services 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. A person may be ordered to receive assisted outpatient
treatment if the court finds that such person:
(1) is eighteen years of age or older; and
(2) is suffering from a mental illness; and
(3) is unlikely to survive safely in the community without super-
vision, based on a clinical determination; and
(4) has a history of lack of compliance with treatment for mental
illness that has:
S. 516--B 5
(i) [prior to the filing of the petition,] at least twice within the
[last] thirty-six months PRIOR TO THE FILING OF THE PETITION been a
significant 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];
PROVIDED THAT SUCH THIRTY-SIX MONTH PERIOD SHALL BE EXTENDED BY THE
LENGTH OF any current period[, or period ending] OF HOSPITALIZATION OR
INCARCERATION, AND ANY SUCH PERIOD THAT ENDED within the last six
months[, during which the person was or is hospitalized or incarcerat-
ed]; or
(ii) WITHIN FORTY-EIGHT MONTHS prior to the filing of the petition,
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]; PROVIDED
THAT SUCH FORTY-EIGHT MONTH PERIOD SHALL BE EXTENDED BY THE LENGTH OF
any current period[, or period ending] OF HOSPITALIZATION OR INCARCERA-
TION, AND ANY SUCH PERIOD THAT ENDED within the last six months[, in
which the person was or is hospitalized or incarcerated]; and
(5) is, as a result of his or her mental illness, unlikely to volun-
tarily participate in outpatient treatment that would enable him or her
to live safely in the community; and
(6) in view of his or her treatment history and current behavior, 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
person or others as defined in section 9.01 of this article; and
(7) is likely to benefit from assisted outpatient treatment.
(d) Health care proxy. Nothing in this section shall preclude a person
with a health care proxy from being subject to a petition pursuant to
this chapter and consistent with article twenty-nine-C of the public
health law.
(e) INVESTIGATION OF REPORTS. THE COMMISSIONER SHALL PROMULGATE REGU-
LATIONS ESTABLISHING A PROCEDURE TO ENSURE THAT REPORTS OF A PERSON WHO
MAY BE IN NEED OF ASSISTED OUTPATIENT TREATMENT, INCLUDING THOSE
RECEIVED FROM FAMILY AND COMMUNITY MEMBERS OF SUCH PERSON, ARE INVESTI-
GATED IN A TIMELY MANNER AND, WHERE APPROPRIATE, RESULT IN THE FILING OF
PETITIONS FOR ASSISTED OUTPATIENT TREATMENT.
(F) 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. WHEN A DIRECTOR OF COMMUNITY
SERVICES HAS REASON TO BELIEVE THAT AN ASSISTED OUTPATIENT HAS CHANGED
HIS OR HER COUNTY OF RESIDENCE, FUTURE PETITIONS AND APPLICATIONS UNDER
THIS SECTION MAY BE FILED IN THE SUPREME OR COUNTY COURT IN THE NEW
COUNTY OF RESIDENCE, WHICH SHALL HAVE CONCURRENT JURISDICTION WITH THE
COURT THAT INITIALLY ORDERED SUCH TREATMENT. Such petition may be initi-
ated only by the following 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 PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
CORRECTION LAW; or
(iv) the director of any public or charitable organization, agency or
home providing mental health services to the subject of the petition or
in whose institution the subject of the petition resides; or
S. 516--B 6
(v) a qualified psychiatrist who is either supervising the treatment
of or treating the subject of the petition for a mental illness; or
(vi) a psychologist, licensed pursuant to article one hundred fifty-
three of the education law, or a social worker, licensed pursuant to
article one hundred fifty-four of the education law, who is treating the
subject of the petition for a mental illness; or
(vii) 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
(viii) a parole officer or probation officer assigned to supervise the
subject of the petition[.]; OR
(IX) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE
OF THE EDUCATION LAW, WHO IS TREATING THE SUBJECT OF THE PETITION, OR A
CERTIFIED NURSE PRACTITIONER LICENSED AND CERTIFIED PURSUANT TO ARTICLE
ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW, WHO IS TREATING THE
SUBJECT OF THE PETITION; OR
(X) THE DIRECTOR OF ANY FACILITY WHICH IS PRIMARILY PROVIDING SHELTER
TO HOMELESS INDIVIDUALS; OR
(XI) THE DIRECTOR OF THE HOSPITAL OR THE SUPERINTENDENT OF A CORREC-
TIONAL FACILITY IN WHICH THE SUBJECT OF THE PETITION IS IMPRISONED,
PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE CORRECTION LAW.
(2) THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH
PERSONS INITIATING A PETITION, PURSUANT TO SUBPARAGRAPHS (I) AND (II) OF
PARAGRAPH ONE OF THIS SUBDIVISION, MAY RECEIVE ASSISTANCE IN FILING SUCH
PETITIONS, WHERE APPROPRIATE, AS DETERMINED PURSUANT TO SUBDIVISION (E)
OF THIS SECTION.
(3) 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 the petitioner's belief that 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)] (4) The petition shall be accompanied by an affirmation or affi-
davit of a physician, who shall not be the petitioner, stating THAT SUCH
PHYSICIAN IS WILLING AND ABLE TO TESTIFY AT THE HEARING ON THE PETITION
AND THAT either [that]:
(i) such physician has personally examined the subject of the petition
no more than ten days prior to the submission of the petition[,] AND
recommends assisted outpatient treatment for the subject of the peti-
tion[, and is willing and able to testify at the hearing on the peti-
tion]; 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 but has
not been successful in eliciting the cooperation of the subject of the
petition to submit to an examination, such physician has reason to
suspect that the subject of the petition meets the criteria for assisted
outpatient treatment, and such physician is willing and able to examine
the subject of the petition [and testify at the hearing on the petition]
PRIOR TO PROVIDING TESTIMONY.
[(4)] (5) In counties with a population of less than eighty thousand,
the affirmation or affidavit required by paragraph [three] FOUR of this
subdivision may be made by a physician who is an employee of the office.
The office is authorized AND DIRECTED to make available, at no cost to
S. 516--B 7
the county, a qualified physician for the purpose of making such affir-
mation or affidavit consistent with the provisions of such paragraph.
[(f)] (G) Service. The petitioner shall cause written notice of the
petition to be given to the subject of the petition and a copy thereof
to be given personally or by mail to the persons listed in section 9.29
of this article, the mental hygiene legal service, the health care agent
if any such agent is known to the petitioner, the appropriate program
coordinator, and the appropriate director of community services, if such
director is not the petitioner.
[(g)] (H) Right to counsel. The subject of the petition shall have the
right to be represented by the mental hygiene legal service, or private-
ly financed counsel, at all stages of a proceeding commenced under this
section.
[(h)] (I) Hearing. (1) Upon receipt of the petition, the court shall
fix the date for a hearing. Such date shall be no later than three days
from the date such petition is received by the court, excluding Satur-
days, 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)] (G) of this section, the petitioner, the
physician whose affirmation or affidavit accompanied the petition, 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 of the petition in or out of court. If the subject of the peti-
tion 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 the subject's absence. In such case, 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 recommends assisted outpatient treatment and
has personally examined the subject of the petition no more than ten
days before the filing of the petition, testifies in person at the hear-
ing. Such physician shall state the facts and clinical determinations
which support the allegation that the subject of the petition meets each
of the criteria for assisted outpatient treatment; PROVIDED THAT THE
PARTIES MAY STIPULATE, UPON MUTUAL CONSENT, THAT SUCH PHYSICIAN NEED NOT
TESTIFY.
(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] FOUR of subdivision
[(e)] (F) of this section, if such physician is privileged by such
S. 516--B 8
hospital or otherwise authorized by such hospital to do so. If such
examination is performed by another physician, the examining physician
may consult with the physician whose affirmation or affidavit accompa-
nied the petition as to 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: (i) the facts [which] AND CLINICAL DETERMINATIONS
THAT support the allegation that the subject meets each of the criteria
for assisted outpatient treatment, (ii) that the treatment is the least
restrictive alternative, (iii) the recommended assisted outpatient
treatment, and (iv) the rationale for the recommended assisted outpa-
tient 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 medica-
tion, and shall recommend whether such medication should be self-admin-
istered or administered by authorized personnel.
(5) The subject of the petition shall be afforded an opportunity to
present evidence, to call witnesses on his or her behalf, and to cross-
examine adverse witnesses.
[(i)] (J) Written treatment plan. (1) The court shall not order
assisted outpatient treatment unless a physician appointed by the appro-
priate director, in consultation with such director, develops and
provides to the court a proposed written treatment plan. The written
treatment plan shall include case management services or assertive
community treatment team services 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 receive. All
service providers shall be notified regarding their inclusion in the
written treatment plan. 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. If a director is the petitioner, the written
treatment plan shall be provided to the court no later than the date of
the hearing on the petition. If a person other than a director is the
petitioner, such plan shall be provided to the court no later than the
date set by the court pursuant to paragraph three of subdivision [(j)]
(K) of this section.
(2) The physician appointed to develop the written treatment plan
shall provide the following persons with an opportunity to actively
participate in the development of such plan: the subject of the peti-
tion; the treating physician, if any; and upon the request of the
subject of the petition, an individual significant to the subject
including any relative, close friend or individual otherwise concerned
with the welfare of the subject. THE APPOINTED PHYSICIAN SHALL MAKE A
REASONABLE EFFORT TO GATHER RELEVANT INFORMATION FOR THE DEVELOPMENT OF
S. 516--B 9
THE TREATMENT PLAN FROM THE SUBJECT OF THE PETITION'S FAMILY MEMBER OR
MEMBERS, OR HIS OR HER SIGNIFICANT OTHER. If the subject of the petition
has executed a health care proxy, the appointed physician shall consider
any directions included in such proxy in developing the written treat-
ment plan.
(3) The court shall not order assisted outpatient treatment unless a
physician appearing on behalf of a director testifies to explain the
written proposed treatment plan; PROVIDED THAT THE PARTIES MAY STIPU-
LATE, UPON MUTUAL CONSENT, THAT SUCH PHYSICIAN NEED NOT TESTIFY. Such
physician 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 plan includes medication, such
physician shall state the types or classes of medication recommended,
the beneficial and detrimental physical and mental effects of such medi-
cation, and whether such medication should be self-administered or
administered by an authorized professional. If the subject of the peti-
tion has executed a health care proxy, such physician shall state the
consideration given to any directions included in such proxy in develop-
ing the written treatment plan. If a director is the petitioner, testi-
mony pursuant to this paragraph shall be given at the hearing on the
petition. If a person other than a director is the petitioner, such
testimony shall be given on the date set by the court pursuant to para-
graph three of subdivision [(j)] (K) of this section.
[(j)] (K) Disposition. (1) If after hearing all relevant evidence, the
court does not find by clear and convincing evidence that the subject of
the petition meets 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 may order the
subject to receive assisted outpatient treatment for an initial period
not to exceed one year. In fashioning the order, the court shall specif-
ically make findings by clear and convincing evidence that the proposed
treatment is the least restrictive treatment appropriate and feasible
for the subject. The order shall state an assisted outpatient treatment
plan, which shall include all categories of assisted outpatient treat-
ment, as set forth in paragraph one of subdivision (a) of this section,
which the assisted outpatient is to receive, but shall not include any
such category that has not been recommended in [both] the proposed writ-
ten treatment plan and [the] IN ANY testimony provided to the court
pursuant to subdivision [(i)](J) of this section.
(3) If after hearing all relevant evidence presented by a petitioner
who is not a director, the court finds by clear and convincing evidence
that the subject of the petition meets the criteria for assisted outpa-
tient treatment, and the court has yet to be provided with a written
proposed treatment plan and testimony pursuant to subdivision [(i)] (J)
of this section, the court shall order the appropriate director 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; PROVIDED THAT THE PARTIES MAY STIPULATE UPON
MUTUAL CONSENT THAT SUCH TESTIMONY NEED NOT BE PROVIDED. Upon receiving
such plan and ANY REQUIRED testimony, the court may order assisted
outpatient treatment as provided in paragraph two of this subdivision.
S. 516--B 10
(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. In all other instances, the order shall require the appro-
priate director, as that term is defined in this section, to provide or
arrange for all categories of assisted outpatient treatment for the
assisted outpatient throughout the period of the order. ORDERS ISSUED
ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOU-
SAND EIGHTEEN THAT AMENDED THIS SECTION SHALL REQUIRE THE APPROPRIATE
DIRECTOR "AS DETERMINED BY THE PROGRAM COORDINATOR" TO PROVIDE OR
ARRANGE FOR ALL CATEGORIES OF ASSISTED OUTPATIENT TREATMENT FOR THE
ASSISTED OUTPATIENT THROUGHOUT THE PERIOD OF THE ORDER.
(6) The director shall cause a copy of any court order issued pursuant
to this section to be served personally, or by mail, facsimile or elec-
tronic means, upon the assisted outpatient, the mental hygiene legal
service or anyone acting on the assisted outpatient's behalf, the
original petitioner, identified service providers, and all others enti-
tled to notice under subdivision [(f)] (G) of this section.
[(k)] (L) RELOCATION OF ASSISTED OUTPATIENTS. THE COMMISSIONER SHALL
PROMULGATE REGULATIONS REQUIRING THAT, DURING THE PERIOD OF THE ORDER,
AN ASSISTED OUTPATIENT AND ANY OTHER APPROPRIATE PERSONS SHALL NOTIFY
THE PROGRAM COORDINATOR WITHIN A REASONABLE TIME PRIOR TO SUCH ASSISTED
OUTPATIENT RELOCATING WITHIN THE STATE OF NEW YORK TO AN AREA NOT SERVED
BY THE DIRECTOR WHO HAS BEEN DIRECTED TO PROVIDE OR ARRANGE FOR THE
ASSISTED OUTPATIENT TREATMENT. UPON RECEIVING NOTIFICATION OF SUCH RELO-
CATION, THE PROGRAM COORDINATOR SHALL REDETERMINE WHO THE APPROPRIATE
DIRECTOR SHALL BE AND CAUSE A COPY OF THE COURT ORDER AND TREATMENT PLAN
TO BE TRANSMITTED TO SUCH DIRECTOR.
(M) Petition for [additional periods of] CONTINUED treatment. (1)
[Prior] WITHIN THIRTY DAYS PRIOR to the expiration of an order pursuant
to this section, the appropriate director shall review whether the
assisted outpatient continues to meet the criteria for assisted outpa-
tient treatment. [If, as documented in the petition, the director deter-
mines that such criteria continue to be met or has made appropriate
attempts to, but has not been successful in eliciting, the cooperation
of the subject to submit to an examination, within thirty days prior to
the expiration of an order of assisted outpatient treatment, such direc-
tor may petition the court to order continued assisted outpatient treat-
ment pursuant to paragraph two of this subdivision. Upon determining
whether such criteria continue to be met, such director shall notify the
program coordinator in writing as to whether a petition for continued
assisted outpatient treatment is warranted and whether such a petition
was or will be filed.] UPON DETERMINING THAT ONE OR MORE OF SUCH CRITE-
RIA ARE NO LONGER MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINA-
TOR IN WRITING THAT A PETITION FOR CONTINUED ASSISTED OUTPATIENT TREAT-
MENT IS NOT WARRANTED. UPON DETERMINING THAT SUCH CRITERIA CONTINUE TO
BE MET, HE OR SHE SHALL PETITION THE COURT TO ORDER CONTINUED ASSISTED
OUTPATIENT TREATMENT FOR A PERIOD NOT TO EXCEED ONE YEAR FROM THE EXPI-
RATION DATE OF THE CURRENT ORDER. IF THE COURT'S DISPOSITION OF SUCH
S. 516--B 11
PETITION DOES NOT OCCUR PRIOR TO THE EXPIRATION DATE OF THE CURRENT
ORDER, THE CURRENT ORDER SHALL REMAIN IN EFFECT UNTIL SUCH DISPOSITION.
THE PROCEDURES FOR OBTAINING ANY ORDER PURSUANT TO THIS SUBDIVISION
SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE FOREGOING SUBDIVISION
OF THIS SECTION; PROVIDED THAT THE TIME RESTRICTIONS INCLUDED IN PARA-
GRAPH FOUR OF SUBDIVISION (C) OF THIS SECTION SHALL NOT BE APPLICABLE.
THE NOTICE PROVISIONS SET FORTH IN PARAGRAPH SIX OF SUBDIVISION (K) OF
THIS SECTION SHALL BE APPLICABLE. 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 DEVEL-
OPED 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.
(2) Within thirty days prior to the expiration of an order of assisted
outpatient treatment, [the appropriate director or] the current peti-
tioner, if the current petition was filed pursuant to subparagraph (i)
or (ii) of paragraph one of subdivision [(e)] (F) of this section, and
the current petitioner retains his or her original status pursuant to
the applicable subparagraph, may petition the court to order continued
assisted outpatient treatment for a period not to exceed one year from
the expiration date of the current order. If the court's disposition of
such petition does not occur prior to the expiration date of the current
order, the current order shall remain in effect until such disposition.
The procedures for obtaining any order pursuant to this subdivision
shall be in accordance with the provisions of the foregoing subdivisions
of this section; provided that the time restrictions included in para-
graph four of subdivision (c) of this section shall not be applicable.
The notice provisions set forth in paragraph six of subdivision [(j)]
(K) of this section shall be applicable. Any court order requiring peri-
odic 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)] (3) IF NEITHER THE APPROPRIATE DIRECTOR NOR THE CURRENT PETI-
TIONER PETITION FOR CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO
THIS PARAGRAPH AND THE ORDER OF THE COURT EXPIRES, ANY OTHER PERSON
AUTHORIZED TO PETITION PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (F) OF
THIS SECTION MAY BRING A NEW PETITION FOR ASSISTED OUTPATIENT TREATMENT.
IF SUCH NEW PETITION IS FILED LESS THAN SIXTY DAYS AFTER THE EXPIRATION
OF SUCH ORDER, THE TIME RESTRICTIONS PROVIDED IN PARAGRAPH FOUR OF
SUBDIVISION (C) OF THIS SECTION SHALL NOT BE APPLICABLE TO THE NEW PETI-
TION.
(4) IF, THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER, THE ASSISTED
OUTPATIENT IS DEEMED BY THE APPROPRIATE DIRECTOR TO BE MISSING AND
THEREBY UNAVAILABLE FOR EVALUATION AS TO WHETHER HE OR SHE CONTINUES TO
MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, SUCH DIRECTOR SHALL
PETITION THE COURT TO EXTEND THE TERM OF THE CURRENT ORDER UNTIL SIXTY
DAYS AFTER SUCH TIME AS THE ASSISTED OUTPATIENT IS LOCATED. IF THE COURT
GRANTS THE EXTENSION, THE DIRECTOR SHALL CONTINUE REASONABLE EFFORTS TO
LOCATE THE ASSISTED OUTPATIENT. UPON LOCATION OF THE ASSISTED OUTPA-
TIENT, THE DIRECTOR SHALL REVIEW WHETHER THE ASSISTED OUTPATIENT CONTIN-
UES TO MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, PURSUANT TO
PARAGRAPH TWO OF THIS SUBDIVISION.
(N) Petition for an order to stay, vacate or modify. (1) In addition
to any other right or remedy available by law with respect to the order
S. 516--B 12
for assisted outpatient treatment, the assisted outpatient, the mental
hygiene legal service, or anyone acting on the assisted outpatient's
behalf may petition the court on notice to the director, the original
petitioner, and all others entitled to notice under subdivision [(f)]
(G) of this section to stay, vacate or modify the order.
(2) The appropriate director shall petition the court for approval
before instituting a proposed material change in the assisted outpatient
treatment plan, unless such change is authorized by the order of the
court. SUCH PETITIONS TO CHANGE AN ASSISTED OUTPATIENT TREATMENT PLAN,
AS WELL AS PETITIONS FOR CONTINUED TREATMENT, MAY BE MADE TO ANY JUDGE
OF THE SUPREME OR COUNTY COURTS IN THE COUNTY IN WHICH THE SUBJECT OF
THE PETITION IS PRESENT OR REASONABLY BELIEVED TO BE PRESENT. Such peti-
tion shall be filed on notice to all parties entitled to notice under
subdivision [(f)] (G) of this section. Not later than five days after
receiving such petition, excluding Saturdays, Sundays and holidays, the
court shall hold a hearing on the petition; provided that if the
assisted outpatient informs the court that he or she agrees to the
proposed material change, the court may approve such change without a
hearing. Non-material changes may be instituted by the director without
court approval. For the purposes of this paragraph, a material change is
an addition or deletion of a category of services to or from a current
assisted outpatient treatment plan, or any deviation without the
assisted outpatient's consent from the terms of a current order relating
to the administration of psychotropic drugs.
[(m)] (O) 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; PROVIDED THAT NOTICE SHALL BE PROVIDED TO ALL PARTIES ENTITLED
TO NOTICE UNDER SUBDIVISION (G) OF THIS SECTION.
[(n)] (P) Failure to comply with assisted outpatient treatment. Where
in the clinical judgment of a physician, (i) the assisted outpatient,
has failed or refused to comply with the assisted outpatient treatment,
(ii) efforts were made to solicit compliance, and (iii) such assisted
outpatient may be in need of involuntary admission to a hospital pursu-
ant to section 9.27 of this article or immediate observation, care and
treatment pursuant to section 9.39 or 9.40 of this article, such physi-
cian may request the appropriate director of community services, the
director's designee, or any physician designated by the director of
community services pursuant to section 9.37 of this article, to direct
the removal of such assisted outpatient to an appropriate hospital for
an examination to determine if such person has a mental illness for
which HE OR SHE IS IN NEED OF 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 determining whether]; PROVIDED
THAT IF, AFTER EFFORTS TO SOLICIT COMPLIANCE, SUCH PHYSICIAN DETERMINES
THAT THE ASSISTED OUTPATIENT'S FAILURE TO COMPLY WITH THE ASSISTED
OUTPATIENT TREATMENT INCLUDES A SUBSTANTIAL FAILURE TO TAKE MEDICATION,
PASS OR SUBMIT TO BLOOD TESTING OR URINALYSIS, OR RECEIVE TREATMENT FOR
ALCOHOL OR SUBSTANCE ABUSE, SUCH PHYSICIAN MAY PRESUME THAT the assisted
outpatient is in need of an examination to determine whether he or she
has a mental illness for which hospitalization is necessary. Upon the
request of such physician, the appropriate director, the director's
designee, or any physician designated pursuant to section 9.37 of this
article, may direct peace officers, acting pursuant to their special
S. 516--B 13
duties, or police officers who are members of an authorized police
department or force or of a sheriff's department to take the assisted
outpatient into custody and transport him or her to the hospital operat-
ing the assisted outpatient treatment program or to any hospital author-
ized 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 appropriate director, the director's
designee, or any physician 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 authorized by the appropriate director of community
services to receive such persons. Any director of community services, or
designee, shall be authorized to direct the removal of an assisted
outpatient who is present in his or her county to an appropriate hospi-
tal, in accordance with the provisions of this subdivision, based upon a
determination of the appropriate director of community services direct-
ing the removal of such assisted outpatient pursuant to this subdivi-
sion. 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
OF THE ASSISTED OUTPATIENT in such hospital beyond the initial seventy-
two hour period shall be in accordance with the provisions of this arti-
cle 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 involun-
tary civil commitment or a finding of contempt of court.
[(o)] (Q) Effect of determination that a person is in need of assisted
outpatient treatment. The determination by a court that a person is in
need of assisted outpatient treatment shall not be construed as or
deemed to be a determination that such person is incapacitated pursuant
to article eighty-one of this chapter.
[(p)] (R) False petition. A person making a false statement or provid-
ing false information or false testimony in a petition or hearing under
this section shall be subject to criminal prosecution pursuant to arti-
cle one hundred seventy-five or article two hundred ten of the penal
law.
[(q)] (S) 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)] (T) Education and training. (1) The office [of mental health],
in consultation 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, providers of
services, judges, court personnel, law enforcement officials and the
general public.
(2) The office, in consultation with the office of court adminis-
tration, shall establish a mental health training program for supreme
S. 516--B 14
and county court judges and court personnel, AND SHALL PROVIDE SUCH
TRAINING WITH SUCH FREQUENCY AND IN SUCH LOCATIONS AS MAY BE APPROPRIATE
TO MEET STATEWIDE NEEDS. Such training shall focus on the use of this
section and generally address issues relating to mental illness and
mental health treatment.
§ 6. Section 29.15 of the mental hygiene law is amended by adding a
new subdivision (o) to read as follows:
(O) IF THE DIRECTOR OF A DEPARTMENT FACILITY DOES NOT PETITION FOR
ASSISTED OUTPATIENT TREATMENT PURSUANT TO SECTION 9.60 OF THIS CHAPTER
UPON THE DISCHARGE OF AN INPATIENT ADMITTED PURSUANT TO SECTION 9.27,
9.39 OR 9.40 OF THIS CHAPTER, OR UPON THE EXPIRATION OF A PERIOD OF
CONDITIONAL RELEASE FOR SUCH INPATIENT, SUCH DIRECTOR SHALL REPORT SUCH
DISCHARGE OR SUCH EXPIRATION IN WRITING TO THE DIRECTOR OF COMMUNITY
SERVICES OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INPATIENT IS
EXPECTED TO RESIDE.
§ 7. Subdivision 3 of section 404 of the correction law, as added by
chapter 1 of the laws of 2013, is amended and a new subdivision 5 is
added to read as follows:
3. Within a reasonable period prior to discharge of an inmate commit-
ted from a [state correctional facility from a] hospital in the depart-
ment of mental hygiene to the community, the director shall ensure that
a clinical assessment has been completed to determine whether the inmate
meets the criteria for assisted outpatient treatment pursuant to subdi-
vision (c) of section 9.60 of the mental hygiene law. If, as a result of
such assessment, the director determines that the inmate meets such
criteria, prior to discharge the director of the hospital shall either
petition for a court order pursuant to section 9.60 of the mental
hygiene law, or report in writing to the director of community services
of the local governmental unit in which the inmate is expected to reside
so that an investigation [may] SHALL be conducted pursuant to section
9.47 of the mental hygiene law.
5. WITHIN A REASONABLE PERIOD PRIOR TO RELEASE OR DISCHARGE OF AN
INMATE WHO IS NOT CURRENTLY COMMITTED TO A HOSPITAL IN THE DEPARTMENT OF
MENTAL HYGIENE FROM A STATE CORRECTIONAL FACILITY TO THE COMMUNITY, IF
SUCH INMATE HAS A SERIOUS MENTAL ILLNESS PURSUANT TO PARAGRAPH (E) OF
SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN OF THIS CHAPTER, THE
DEPARTMENT SHALL NOTIFY THE DIRECTOR OF A HOSPITAL WHO SHALL ENSURE THAT
A CLINICAL ASSESSMENT HAS BEEN COMPLETED TO DETERMINE WHETHER THE INMATE
MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT TO SUBDI-
VISION (C) OF SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT OF
SUCH ASSESSMENT, THE DIRECTOR DETERMINES THAT THE INMATE MEETS SUCH
CRITERIA, PRIOR TO RELEASE OR DISCHARGE, THE DIRECTOR OF THE HOSPITAL
SHALL EITHER PETITION FOR A COURT ORDER PURSUANT TO SECTION 9.60 OF THE
MENTAL HYGIENE LAW, OR REPORT IN WRITING TO THE DIRECTOR OF COMMUNITY
SERVICES OF THE LOCAL GOVERNMENTAL UNIT IN WHICH THE INMATE IS EXPECTED
TO RESIDE SO THAT AN INVESTIGATION SHALL BE CONDUCTED PURSUANT TO
SECTION 9.47 OF THE MENTAL HYGIENE LAW.
§ 8. Section 18 of chapter 408 of the laws of 1999, constituting
Kendra's Law, as amended by chapter 67 of the laws of 2017, is amended
to read as follows:
§ 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, 2022].
S. 516--B 15
§ 9. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, and after exhaustion of all further judicial review, the
judgment shall not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part thereof directly involved in the controversy.
§ 10. This act shall take effect immediately.
