S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4451
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced by M. of A. GUNTHER, ZEBROWSKI, PAULIN, THIELE, COOK, WEPRIN,
   OTIS,  STECK,  WILLIAMS,  WALLACE  --  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
 outpatient treatment are appropriately investigated in a timely  manner;
 [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08031-01-3
 A. 4451                             2
              

 
   (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;
   (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
 A. 4451                             3
 
 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,
 paragraph  4  of  subdivision  (c),  paragraph  2  of subdivision (h) as
 amended and subdivision (s) as added by section 2 of subpart H  of  part
 UU of chapter 56 of the laws of 2022, 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. 4451                             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) except as otherwise provided in subparagraph (iii) of  this  para-
 graph,  prior  to  the filing of the petition, at least twice within the
 last thirty-six months been a significant factor in necessitating hospi-
 talization 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
 A. 4451                             5

 ending] within the last six months[, during which the person was  or  is
 hospitalized or incarcerated]; or
   (ii)  except as otherwise provided in subparagraph (iii) of this para-
 graph, 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]; or
   (iii)  notwithstanding  subparagraphs  (i) and (ii) of this paragraph,
 resulted in the issuance of a court order for assisted outpatient treat-
 ment which has expired within the last six months, and since the expira-
 tion of the order, the person has experienced a substantial increase  in
 symptoms  of  mental  illness and such symptoms substantially interferes
 with or limits one or more major life  activities  as  determined  by  a
 director of community services who previously was required to coordinate
 and  monitor  the care of any individual who was subject to such expired
 assisted outpatient treatment order. The applicable director of communi-
 ty services or their designee shall arrange for  the  individual  to  be
 evaluated  by  a  physician.  If  the physician determines court ordered
 services are clinically necessary and the least restrictive option,  the
 director of community services may initiate a court proceeding.
   (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
 A. 4451                             6
 
   (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
 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
 A. 4451                             7
 
 the  county, a qualified physician for the purpose of making such affir-
 mation or affidavit consistent with the provisions of such paragraph.
   [(f)]  (G)  Service.  The petitioner shall cause written notice of the
 petition to be given to the subject of the petition and a  copy  thereof
 to  be given personally or by mail to the persons listed in section 9.29
 of this article, the mental hygiene legal service, the health care agent
 if any such agent is known to the petitioner,  the  appropriate  program
 coordinator, and the appropriate director of community services, if such
 director is not the petitioner.
   [(g)] (H) Right to counsel. The subject of the petition shall have the
 right to be represented by the mental hygiene legal service, or private-
 ly  financed counsel, at all stages of a proceeding commenced under this
 section.
   [(h)] (I) Hearing. (1) Upon receipt of the petition, the  court  shall
 fix  the date for a hearing. Such date shall be no later than three days
 from the date such petition is received by the court,  excluding  Satur-
 days,  Sundays  and  holidays.  Adjournments shall be permitted only for
 good cause shown. In granting adjournments, the court shall consider the
 need for further examination by a physician or  the  potential  need  to
 provide  assisted  outpatient  treatment  expeditiously. The court shall
 cause the subject of the petition, any  other  person  receiving  notice
 pursuant  to  subdivision [(f)] (G) of this section, the petitioner, the
 physician whose affirmation or affidavit accompanied the  petition,  and
 such  other  persons  as  the  court may determine to be advised of such
 date. Upon such date, or upon such other date to  which  the  proceeding
 may  be  adjourned,  the court shall hear testimony and, if it be deemed
 advisable and the subject of the  petition  is  available,  examine  the
 subject  of the petition in or out of court. If the subject of the peti-
 tion does not appear at the hearing, and appropriate attempts to  elicit
 the  attendance  of  the  subject have failed, the court may conduct the
 hearing in the subject's absence. In such  case,  the  court  shall  set
 forth  the factual basis for conducting the hearing without the presence
 of the subject of the petition.
   (2) The court shall not order assisted outpatient treatment unless  an
 examining  physician,  who  recommends assisted outpatient treatment and
 has personally examined the subject of the petition  no  more  than  ten
 days before the filing of the petition, testifies in person or by video-
 conference  at  the hearing. Provided however, a physician shall only be
 authorized to testify by video conference when it has  been:  (i)  shown
 that  diligent  efforts  have been made to attend such hearing in person
 and the subject of the petition consents to the physician testifying  by
 video  conference;  or (ii) the court orders the physician to testify by
 video conference upon a finding of  good  cause.  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.
 A. 4451                             8
 
 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-
 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-
 A. 4451                             9
 
 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-
 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
 A. 4451                            10
 
 the date of such order; PROVIDED THAT THE PARTIES  MAY  STIPULATE,  UPON
 MUTUAL  CONSENT, THAT SUCH TESTIMONY NEED NOT BE PROVIDED.  Upon receiv-
 ing 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-THREE THAT AMENDED THIS SECTION SHALL REQUIRE THE APPROPRI-
 ATE 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-
 A. 4451                            11
 
 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)
 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-
 A. 4451                            12

 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
 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
 A. 4451                            13
 
 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
 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
 A. 4451                            14
 
 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.
   [(s)] (U) A director of community services or his or her designee  may
 require  a  provider  of  inpatient  psychiatric  services  operated  or
 licensed by the office  of  mental  health  to  provide  contemporaneous
 information,  including  but  not  limited to relevant clinical records,
 documents,  and  other  information  concerning  the  person   receiving
 assisted  outpatient treatment pursuant to an active assisted outpatient
 treatment order, that is deemed necessary by such director  or  designee
 who is required to coordinate and monitor the care of any individual who
 was  subject  to an active assisted outpatient treatment order to appro-
 priately discharge their duties pursuant to section 9.47 of  this  arti-
 cle,  and  where  such  provider  of  inpatient  psychiatric services is
 required to disclose such information pursuant to  paragraph  twelve  of
 subdivision  (c) of section 33.13 of this chapter and such disclosure is
 in accordance with all other applicable state and federal confidentiali-
 ty laws. None of the records or information obtained by the director  of
 community services pursuant to this subdivision shall be public records,
 and  the  records shall not be released by the director to any person or
 agency, except as already authorized by law.
   § 6. Section 29.15 of the mental hygiene law is amended  by  adding  a
 new subdivision (o) to read as follows:
   (O)  IF  THE  DIRECTOR  OF A DEPARTMENT FACILITY DOES NOT PETITION FOR
 ASSISTED OUTPATIENT TREATMENT PURSUANT TO SECTION 9.60 OF  THIS  CHAPTER
 UPON  THE  DISCHARGE  OF AN INPATIENT ADMITTED PURSUANT TO SECTION 9.27,
 9.39 OR 9.40 OF THIS CHAPTER, OR UPON THE  EXPIRATION  OF  A  PERIOD  OF
 CONDITIONAL  RELEASE FOR SUCH INPATIENT, SUCH DIRECTOR SHALL REPORT SUCH
 DISCHARGE OR SUCH EXPIRATION IN WRITING TO  THE  DIRECTOR  OF  COMMUNITY
 SERVICES  OF  THE  LOCAL  GOVERNMENTAL  UNIT  IN  WHICH THE INPATIENT IS
 EXPECTED TO RESIDE.
   § 7. Subdivision 3 of section 404 of the correction law, as amended by
 chapter 322 of the laws of 2021, is amended and a new subdivision  5  is
 added to read as follows:
   3.  Within  a  reasonable period prior to discharge of an incarcerated
 individual committed from a [state correctional facility from a]  hospi-
 tal  in  the department of mental hygiene to the community, the director
 shall ensure that a clinical assessment has been completed to  determine
 whether  the  incarcerated  individual  meets  the criteria for assisted
 outpatient treatment pursuant to subdivision (c) of section 9.60 of  the
 mental  hygiene  law.  If,  as a result of such assessment, the director
 determines that the incarcerated individual 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 incarcerated individual  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
 INCARCERATED  INDIVIDUAL WHO IS NOT CURRENTLY COMMITTED TO A HOSPITAL IN
 A. 4451                            15
 
 THE DEPARTMENT OF MENTAL HYGIENE FROM A STATE CORRECTIONAL  FACILITY  TO
 THE  COMMUNITY,  IF  SUCH  INCARCERATED  INDIVIDUAL 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 INCARCERATED INDIVIDUAL MEETS
 THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT PURSUANT  TO  SUBDIVISION
 (C)  OF  SECTION 9.60 OF THE MENTAL HYGIENE LAW. IF, AS A RESULT OF SUCH
 ASSESSMENT, THE DIRECTOR DETERMINES  THAT  THE  INCARCERATED  INDIVIDUAL
 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 INCARCER-
 ATED INDIVIDUAL 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 section 1 of subpart H of part UU of chapter
 56 of the laws of 2022, 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, 2027].
   § 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.