S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4728
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sens.  HELMING, ADDABBO, AKSHAR, AMEDORE, BOYLE, FELDER,
   FUNKE, GALLIVAN, GRIFFO, LANZA, LITTLE, O'MARA, RANZENHOFER,  RITCHIE,
   ROBACH,  SERINO,  SEWARD,  STAVISKY -- read twice and ordered printed,
   and when printed to be committed to the Committee on Mental Health and
   Developmental Disabilities

 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:
 
   Section 1. Paragraph 2 of subdivision  (f)  of  section  7.17  of  the
 mental  hygiene  law,  as amended by chapter 158 of the laws of 2005, is
 amended to read as follows:
   (2) The oversight and monitoring role of the  program  coordinator  of
 the  assisted  outpatient  treatment  program  shall include each of the
 following:
   (i) that each assisted outpatient receives the treatment provided  for
 in  the  court  order  issued pursuant to section 9.60 of this [chapter]
 TITLE;
   (ii) that existing  services  located  in  the  assisted  outpatient's
 community are utilized whenever practicable;
   (iii)  that  a  case  manager or assertive community treatment team is
 designated for each assisted outpatient;
   (iv) that a mechanism exists  for  such  case  manager,  or  assertive
 community  treatment team, to regularly report the assisted outpatient's
 compliance, or lack of compliance with treatment, to the director of the
 assisted outpatient treatment program;
   (v) that directors of community services establish procedures  [which]
 THAT  provide  that  reports  of  persons who may be in need of assisted
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01829-02-9
              

 S. 4728                             2
 
 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;
   (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;

 S. 4728                             3
 
   (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 and para-
 graph 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
 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.

 S. 4728                             4
 
   (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:
   (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

 S. 4728                             5
 
 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
   (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

 S. 4728                             6
 
 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
 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

 S. 4728                             7
 
 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
 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

 S. 4728                             8
 
 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
 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

 S. 4728                             9
 
 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.
   (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

 S. 4728                            10
 
 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 THOUSAND
 NINETEEN THAT AMENDED THIS SECTION SHALL REQUIRE THE APPROPRIATE  DIREC-
 TOR "AS DETERMINED BY THE PROGRAM COORDINATOR" TO PROVIDE OR ARRANGE FOR
 ALL  CATEGORIES OF ASSISTED OUTPATIENT TREATMENT FOR THE ASSISTED OUTPA-
 TIENT 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
 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

 S. 4728                            11
 
 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
 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

 S. 4728                            12
 
 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
 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

 S. 4728                            13
 
 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
 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:

 S. 4728                            14
 
   (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].
   § 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.