S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5284
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER, ZEBROWSKI, PAULIN, THIELE, ENGLEBRIGHT,
   COOK, WEPRIN, OTIS, STECK, WILLIAMS, CUSICK, COLTON, WALLACE, MONTESA-
   NO -- Multi-Sponsored by --  M.  of  A.  ABBATE,  ABINANTI,  DINOWITZ,
   GOODELL,   HAWLEY,  LUPARDO,  McDONOUGH,  PALMESANO,  PERRY,  PRETLOW,
   J. RIVERA, WALSH -- read once and referred to the Committee on  Mental
   Health
 
 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.
              

                                                            LBD02458-01-1

 A. 5284                             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;

 A. 5284                             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, 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
 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 [suicide] SERIOUS PHYSICAL HARM  TO
 ANY PERSON or the need for hospitalization.

 A. 5284                             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

 A. 5284                             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

 A. 5284                             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)  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
 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

 A. 5284                             7
 
 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
 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-

 A. 5284                             8
 
 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
 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-

 A. 5284                             9
 
 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
 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 TWENTY-ONE THAT AMENDED THIS SECTION SHALL REQUIRE THE  APPROPRIATE

 A. 5284                            10

 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
 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)

 A. 5284                            11
 
 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
 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

 A. 5284                            12
 
 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
 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

 A. 5284                            13
 
 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:
   (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.

 A. 5284                            14
 
   §  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.