BILL NUMBER: S5434

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to including certain
information about seeking extreme risk protection orders in written
service plans for discharge and conditional release of patients to the
community

 
PURPOSE OR GENERAL IDEA OF BILL:

The bill will supply patients and their authorized representative with
materials providing information related to seeking an extreme risk
protection order prior to a patient's discharge or conditional release
from a mental health facility.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph 5 of subdivision (g) of section 29.15 of
the mental hygiene law to add a new paragraph 6, which would require
              

mental health facilities to give material providing information related
to seeking extreme risk protection orders to a patient and an authorized
representative who has actively participated in the development of a
plan for such patient's discharge or conditional release, prior to the
patient's discharge or conditional release.  This material shall also
include factors which a court might consider in determining if grounds
for issuing an extreme risk protection order are present.

Section two provides the effective date.

 
JUSTIFICATION:

Last year, the Red Flag Law took effect in New York State. Under this
law, if an individual is deemed to be a threat and an extreme risk
protection court order is issued, law enforcement is then authorized to
confiscate any firearms the individual is in possession of, and the
order also prevents the individual from purchasing a firearm while the
order is in place. The Red Flag Law was put into effect with the hopes
of preventing mass shootings, domestic incidents and suicides among
other tragedies, all of which have continued to devastate our country.

In the summer of 2019, a Bronxville woman who had voluntarily checked
herself into a mental health facility left the institution after being
officially discharged by the hospital. Upon her departure from the
facility, the woman purchased a firearm and ultimately committed suicide
shortly after.

After the woman's death, her husband contacted local officials not
understanding why his wife was able to purchase a firearm in the first
place, having been recently hospitalized. Her family did not have previ-
ous knowledge of the Red Flag Law and her husband stated that if he had
known about extreme risk protection orders, he would have tried to
secure an order for his wife. This bill provides that prior to a
patient's discharge or conditional release from a mental health facili-
ty, the patient and their authorized representative who has been
involved with their medical care, will automatically receive materials
informing them of the Red Flag Law. Providing such notice will prevent
future tragedies and will ensure that patients and their families are
made aware of the options that are available if they have concerns about
the safety of their loved ones.

 
LEGISLATIVE HISTORY:

A.10716, 2020, referred to mental health

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.