S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2719
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Mental Health
 
 AN  ACT  to  amend  the mental hygiene law, the social services law, the
   correction law, the judiciary law,  the  public  health  law  and  the
   administrative  code  of the city of New York, in relation to enacting
   the "empire state of mind act" to address  the  treatment  of  persons
   with  mental illness; to amend chapter 554 of the laws of 1986, amend-
   ing the correction law and the penal law  relating  to  providing  for
   community treatment facilities and  establishing the crime of abscond-
   ing  from the community treatment  facility, in relation to the effec-
   tiveness thereof; and to repeal certain provisions of  the  correction
   law relating to certain limitations of community treatment facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "empire
 state of mind act".
   §  2. Subdivisions 3 and 20 of section 1.03 of the mental hygiene law,
 subdivision 3 as amended by chapter 281 of the laws of 2019, subdivision
 20 as added by chapter 978 of the laws of 1977, are amended to  read  as
 follows:
   3.  "Mental disability" means mental illness, intellectual disability,
 OR developmental disability[, or an addictive  disorder  as  defined  in
 this section].
   20.  "Mental  illness"  means  an  affliction with a mental disease or
 mental condition which is manifested by a  disorder  or  disturbance  in
 behavior,  feeling,  thinking,  or  judgment  to such an extent that the
 person afflicted requires care,  treatment  and  rehabilitation;  OR  AN
 ADDICTIVE DISORDER AS DEFINED IN THIS SECTION.
   § 3. Section 9.01 of the mental hygiene law, as amended by chapter 723
 of  the  laws  of 1989, the seventh undesignated paragraph as amended by
 chapter 595 of the laws of 2000, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06324-01-5
              

 A. 2719                             2
 
 § 9.01 Definitions.
   As used in this article:
   (A)  "in  need of care and treatment" means that a person has a mental
 illness for which in-patient care and treatment in a hospital  OR  OTHER
 FACILITY,  OR RECEIPT OF SERVICES PURSUANT TO THIS CHAPTER OR THE SOCIAL
 SERVICES LAW, is appropriate.
   (B) "in need of involuntary care and treatment" means  that  a  person
 has  a  mental  illness  for  which care and treatment as a patient in a
 hospital is essential to [such person's  welfare]  PREVENT  SUCH  PERSON
 FROM  ENGAGING  IN  BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM, and whose
 judgment is so impaired that [he] SUCH PERSON is  unable  to  understand
 the need for such care and treatment.
   (C)  "likelihood  to  result  in serious harm" or "likely to result in
 serious harm" means [(a)] 1. a substantial risk of physical harm to  the
 person  as  manifested  by  threats of or attempts at suicide or serious
 bodily harm or other conduct demonstrating that the person is  dangerous
 to  [himself  or  herself]  THEMSELF,  or [(b)] 2. a substantial risk of
 physical harm to other persons as  manifested  by  [homicidal  or  other
 violent  behavior by which others are placed in reasonable fear of seri-
 ous physical harm] THREATS OF, ATTEMPTS AT, OR PERPETRATION OF VIOLENCE,
 OR POSSESSING A WEAPON OR AN OBJECT THAT CAN BE UTILIZED AS A WEAPON AND
 USING SUCH WEAPON OR OBJECT IN A MANNER CONSISTENT WITH A USE THAT WOULD
 PRODUCE IMMINENT PHYSICAL HARM TO THEMSELVES OR OTHERS; FOR THE PURPOSES
 OF THIS SECTION, NONCOMPLIANCE WITH INSTRUCTIONS FROM ANY  POLICE  OFFI-
 CER,  PEACE  OFFICER, OR PERSON ENGAGED IN HOMELESSNESS  INTERVENTION OR
 BEHAVIORAL HEALTH SERVICES IN THE ABSENCE OF OTHER THREATENING  BEHAVIOR
 SHALL NOT CONSTITUTE REASONABLE FEAR OF SERIOUS PHYSICAL HARM; NOR SHALL
 THE FASHIONING OF ANY BODY PART, OR HANDLING OF ANY OBJECT THAT IS NOT A
 FIREARM  OR COMPONENT THEREOF IN SUCH A MANNER CONSISTENT WITH OPERATING
 A FIREARM, CONSTITUTE REASONABLE FEAR OF SERIOUS PHYSICAL HARM.
   (D) "need for retention" means that a person who has been admitted  to
 a  hospital  pursuant to this article is in need of involuntary care and
 treatment in a hospital for a further period.
   (E) "record" of a patient shall  consist  of  admission,  transfer  or
 retention  papers  and  orders,  and  accompanying data required by this
 article and by the regulations of the commissioner.
   (F) "director of community services" means the director  of  community
 services  for the mentally disabled appointed pursuant to article forty-
 one of this chapter.
   (G) "qualified psychiatrist" means a physician  licensed  to  practice
 medicine  in New York state who: [(a)] 1. is a diplomate of the American
 board of psychiatry and neurology or is eligible to be certified by that
 board; or [(b)] 2. is certified by the  American  osteopathic  board  of
 neurology and psychiatry or is eligible to be certified by that board.
   (H) "PATIENT ADVOCATE" MEANS AN INDIVIDUAL OR ORGANIZATION WITH EXPER-
 TISE  IN  BEHAVIORAL  HEALTH AND HOMELESSNESS INTERVENTION SERVICES THAT
 PROVIDES ASSISTANCE AND REPRESENTATION TO A  PATIENT  RECEIVING  HEALTH-
 CARE, IN SUPPORT OF SUCH PERSON'S WELFARE.
   (I)  "EMPATH  UNIT" MEANS A FACILITY THAT PROVIDES EMERGENCY TREATMENT
 TO PATIENTS WITH MENTAL ILLNESS WITHOUT UNNECESSARY LONG-TERM ADMISSION.
   § 4. Section 7.17 of the mental hygiene law is amended by adding a new
 subdivision (h) to read as follows:
   (H) THE COMMISSIONER SHALL ESTABLISH AT LEAST ONE EMPATH UNIT, AS SUCH
 TERM IS DEFINED IN SECTION 9.01 OF THIS TITLE, IN  EACH  COUNTY  IN  THE
 STATE.
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   §  5.  Paragraph  2  of  subdivision (a) of section 9.48 of the mental
 hygiene law, as added by chapter 408 of the laws of 1999, is amended  to
 read as follows:
   (2)  The  directors  of  assisted  outpatient treatment programs shall
 ensure the timely delivery of services described  in  paragraph  one  of
 subdivision  (a)  of  section 9.60 of this article pursuant to any court
 order issued under such section. Directors of assisted outpatient treat-
 ment programs shall immediately commence corrective action upon  receiv-
 ing  notice  from  program  coordinators,  that  services  are not being
 provided in a timely manner. Such directors  shall  inform  the  program
 coordinator  of  such corrective action.  ASSERTIVE COMMUNITY  TREATMENT
 TEAM SERVICES  WHICH HAVE BEEN COURT ORDERED OR OTHERWISE DIRECTED UNDER
 THIS ARTICLE SHALL BE PROVIDED WITHIN  THIRTY  DAYS  OF  SUCH  ORDER  OR
 DETERMINATION OF ELIGIBILITY.
   §  6.  Paragraph  2  of  subdivision (b) of section 9.27 of the mental
 hygiene law, as amended by chapter 343 of the laws of 1985,  is  amended
 and a new paragraph 12 is added to read as follows:
   2.  the [father or mother, husband or wife, brother or sister,] PARENT
 OR LEGAL GUARDIAN, SPOUSE, SIBLING  or the child of any such  person  or
 the nearest available relative.
   12. A BEHAVIORAL HEALTH SERVICES EXPERT ACTING AS AN AGENT OF THE CITY
 OR COUNTY IN  WHICH  ANY  SUCH PERSON MAY BE.
   § 7. Section 9.27 of the mental hygiene law is amended by adding a new
 subdivision (j) to read as follows:
   (J)  A  PATIENT SUBJECT TO AN INVOLUNTARY ADMISSION UNDER THIS ARTICLE
 SHALL BE ENTITLED TO BE PLACED IN A ROOM WITH A WINDOW AND ACCESS  TO  A
 RESTROOM,  AND SHALL NOT BE PHYSICALLY RESTRAINED UNLESS SUCH PATIENT IS
 DETERMINED TO BE DANGEROUS.
   § 8. Subdivisions (a) and (d) of section 9.33 of  the  mental  hygiene
 law,  as amended by chapter 789 of the laws of 1985, are amended to read
 as follows:
   (a) If the director shall determine that a patient  admitted  upon  an
 application  supported  by  medical  certification, for whom there is no
 court order authorizing retention for a specified period, is in need  of
 retention  OR  TRANSFER  TO  THE  JURISDICTION  OF  THE  DEPARTMENT  FOR
 RETENTION IN A HOSPITAL OPERATED BY THE STATE OR TO A  PRIVATE  FACILITY
 HAVING  AN  APPROPRIATE  OPERATING CERTIFICATE, and if such patient does
 not agree to remain in such hospital as a voluntary patient OR AGREE  TO
 SUCH  TRANSFER,  the  director  shall  apply to the supreme court or the
 county court in the county where the hospital is located  for  an  order
 authorizing continued retention. Such application shall be made no later
 than  sixty  days  from the date of involuntary admission on application
 supported by medical certification or thirty days from the  date  of  an
 order  denying  an application for patient's release pursuant to section
 9.31, whichever is later; and the hospital is authorized to  retain  the
 patient  OR  TRANSFER SUCH PATIENT TO THE JURISDICTION OF THE DEPARTMENT
 FOR RETENTION IN A HOSPITAL OPERATED BY THE STATE OR A  PRIVATE FACILITY
 HAVING AN APPROPRIATE OPERATING   CERTIFICATE for  such  further  period
 during  which  the  hospital  is  authorized to make such application or
 during which the application may be pending. The  director  shall  cause
 written  notice  of  such application to be given the patient and a copy
 thereof shall be given personally or by mail to the persons required  by
 this  article  to be served with notice of such patient's initial admis-
 sion and to the mental hygiene legal service. Such  notice  shall  state
 that  a hearing may be requested and that failure to make such a request
 within five days, excluding Sunday and holidays, from the date that  the
 A. 2719                             4
 
 notice  was given to the patient will permit the entry without a hearing
 of an order authorizing retention OR TRANSFER.
   (d)  If  the  director  of  a hospital, in which a patient is retained
 pursuant to the foregoing subdivisions of this section, shall  determine
 that the condition of such patient requires [his] further retention in a
 hospital OR TRANSFER TO A PRIVATE FACILITY HAVING AN APPROPRIATE OPERAT-
 ING CERTIFICATE, [he] THE DIRECTOR shall, if such patient does not agree
 to remain in such hospital as a voluntary patient OR DOES NOT AGREE TO A
 TRANSFER,  apply  during  the period of retention authorized by the last
 order of the court to the supreme court or the county court in the coun-
 ty where the hospital  is  located  for  an  order  authorizing  further
 continued  retention OR THE TRANSFER of such patient. 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 patient or anyone on [his] THEIR behalf or the  mental
 hygiene legal service may request that the patient be brought personally
 before  the  court, in which case the court shall not grant an order for
 periods of one year or longer unless such patient  shall  have  appeared
 personally before the court. The period for continued retention pursuant
 to  the  first  order  obtained  under  this subdivision shall authorize
 further continued retention of the patient for not more  than  one  year
 from  the  date  of  the  order.  The  period  for the further continued
 retention of the patient authorized by any subsequent order  under  this
 subdivision  shall  be for periods not to exceed two years each from the
 date of the order.
   § 9. Section 9.03 of the mental hygiene law, as amended by chapter 351
 of the laws of 2021, is amended to read as follows:
 § 9.03 Admission to a hospital.
   (A) Unless otherwise specifically provided for by  statute,  a  person
 with  a  mental illness shall be admitted to a hospital as an in-patient
 only pursuant to the provisions of this article, except that  chemically
 dependent  patients  may  be  admitted to chemical dependence facilities
 operated by such hospitals under contract or agreement with  the  office
 of  [alcoholism  and substance abuse] ADDICTION services AND SUPPORTS in
 accordance with the provisions of article twenty-two  of  this  chapter.
 The  section of the mental hygiene law under which a patient is admitted
 or under which any change of legal status is subsequently effected shall
 be stated in the patient's record.
   (B) A PATIENT ADMITTED PURSUANT TO THIS ARTICLE SHALL  BE  ASSIGNED  A
 PATIENT  ADVOCATE  WITHIN  TWENTY-FOUR  HOURS  OF  SUCH  ADMISSION. SUCH
 PATIENT ADVOCATE MAY BE AN EMPLOYEE OF THE CITY OR COUNTY IN  WHICH  THE
 HOSPITAL  OR  FACILITY  IS  LOCATED, OR AN EMPLOYEE OF A HOMELESS INTER-
 VENTION SERVICES ORGANIZATION, OR A FAMILY MEMBER OF THE PATIENT.
   § 10. Section 33.27 of the mental hygiene law is amended by  adding  a
 new subdivision (d) to read as follows:
   (D)  WITHIN TWENTY-FOUR HOURS OF ADMISSION TO ANY FACILITY OPERATED OR
 LICENSED BY THE OFFICE OF MENTAL HEALTH A PATIENT SHALL BE  INFORMED  OF
 THEIR RIGHT TO FILE A COMPLAINT WITH THE OMBUDSMAN.
   §  11.  Section 33.27 of the mental hygiene law is amended by adding a
 new subdivision (e) to read as follows:
   (E) THE OFFICE OF THE INDEPENDENT SUBSTANCE USE  DISORDER  AND  MENTAL
 HEALTH  OMBUDSMAN  SHALL ANNUALLY PUBLISH A REPORT ON INVOLUNTARY ADMIS-
 SIONS THAT SHALL INCLUDE THE DEMOGRAPHICS OF PEOPLE ADMITTED, THE NUMBER
 OF COMPLAINTS TO THE OFFICE, THE DUE PROCESS FOR  PEOPLE  ADMITTED,  THE
 NATURE  OF SERVICES PROVIDED AFTER DISCHARGES, AND THE MENTAL HEALTH AND
 HOUSING STABILITY OUTCOMES OF INVOLUNTARY ADMISSIONS.
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   § 12. The mental hygiene law is amended by adding a new section  22.13
 to read as follows:
 § 22.13 MEDICALLY RECOMMENDED TREATMENT.
   ANY ADDICTIVE DISORDER SERVICES PURSUANT TO THIS ARTICLE SHALL INCLUDE
 MEDICALLY  RECOMMENDED  TREATMENT BY A PERSON LICENSED TO PRACTICE MEDI-
 CINE AS SET FORTH IN ARTICLE ONE HUNDRED  THIRTY-ONE  OF  THE  EDUCATION
 LAW.
   §  13.  Section  29.07  of  the mental hygiene law, subdivision (b) as
 amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
 follows:
 § 29.07 Commissioner's powers over admissions to department facilities.
   (a) [The commissioner may by order defer admissions to] IF THE COMMIS-
 SIONER  SHALL  DETERMINE THAT OVERCROWDING EXISTS IN any facility in the
 department when the total number of patients therein exceeds its capaci-
 ty to an extent which will not permit adequate care and treatment to  be
 provided patients, SUCH COMMISSIONER SHALL AUTHORIZE ADMISSION TO ANOTH-
 ER  FACILITY WITH AN APPROPRIATE OPERATING CERTIFICATE. THE COMMISSIONER
 MAY NOT DEFER ADMISSIONS UNLESS THERE IS A STATE DECLARATION OF DISASTER
 EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE EXECUTIVE LAW.
   (b) If the commissioner shall determine that  overcrowding  exists  in
 the  department  schools,  [he] THE COMMISSIONER may, within the amounts
 appropriated therefor, authorize admission for care and treatment of any
 person with a developmental disability to a designated facility approved
 for such purposes by the commissioner. The patient and any liable  rela-
 tives  shall  be  liable  for payment of fees in accordance with article
 forty-three of this chapter.
   § 14. Subdivision (a) of section 9.47 of the mental  hygiene  law,  as
 amended  by section 15 of chapter 351 of the laws of 2021, is amended to
 read as follows:
   (a) All directors of community services, health officers,  and  social
 services  officials,  as defined by the social services law, are charged
 with the duty of seeing that all persons with a  mental  illness  within
 their  respective  communities  who  are in need of OR REQUEST MEDICALLY
 RECOMMENDED care and treatment [at a hospital] are admitted to a  hospi-
 tal  OR  OTHER  FACILITY,  OR  RECEIVE  OTHER  SERVICES  pursuant to the
 provisions of this article OR THE SOCIAL SERVICES LAW.  Social  services
 officials  and  health  officers  shall notify the director of community
 services of any such person  coming  to  their  attention.  Pending  the
 determination  of  the  condition  of  an  alleged  person with a mental
 illness, it shall be the duty of the director of community services and,
 if there be no such director, of the local health officer to provide for
 the proper care of such person [in a suitable facility].
   § 15. The opening paragraph of section 9.47 of the mental hygiene law,
 as amended by section 16 of chapter 351 of the laws of 2021, is  amended
 to read as follows:
   All  directors  of  community  services,  health  officers, and social
 services officials, as defined by the social services law,  are  charged
 with  the  duty  of seeing that all persons with a mental illness within
 their respective communities who are in need  of  OR  REQUEST  MEDICALLY
 RECOMMENDED  care and treatment [at a hospital] are admitted to a hospi-
 tal OR OTHER  FACILITY,  OR  RECEIVE  OTHER  SERVICES  pursuant  to  the
 provisions  of  this article OR THE SOCIAL SERVICES LAW. Social services
 officials and health officers shall notify  the  director  of  community
 services  of  any  such  person  coming  to their attention. Pending the
 determination of the condition  of  an  alleged  person  with  a  mental
 illness, it shall be the duty of the director of community services and,
 A. 2719                             6
 
 if there be no such director, of the local health officer to provide for
 the proper care of such person [in a suitable facility].
   §  16.  Subdivision  (d) of section 9.37 of the mental hygiene law, as
 amended by chapter 357 of the laws of 1991 and as relettered by  chapter
 343 of the laws of 1996, is amended to read as follows:
   (d)  After signing the application, the director of community services
 or the director's designee shall be authorized  and  empowered  to  take
 into custody, detain, transport, and provide temporary care for any such
 person.  Upon  the  written  request  of such director or the director's
 designee it shall be the duty of A PERSON OR PERSONS WITH  EXPERTISE  IN
 BEHAVIORAL HEALTH AND HOMELESS INTERVENTION SERVICES TO TAKE INTO CUSTO-
 DY  AND  TRANSPORT  ANY  SUCH  PERSON  AS REQUESTED AND DIRECTED BY SUCH
 DIRECTOR OR DESIGNEE. SUCH PERSON  OR  PERSONS  MAY  REQUEST  AND  SHALL
 RECEIVE  THE  ACCOMPANIMENT  OF  peace officers, when acting pursuant to
 their special duties, or police officers who are members  of  the  state
 police  or of an authorized police department or force or of a sheriff's
 department [to take into  custody  and  transport  any  such  person  as
 requested  and directed by such director or designee].  NO OFFICER SHALL
 USE COERCIVE FORCE TO TAKE A PERSON INTO  CUSTODY  OR  PURSUE  ANY  SUCH
 PERSON  WHO  FLEES  UNLESS DIRECTED BY A PERSON WITH EXPERTISE IN BEHAV-
 IORAL HEALTH, OR HOMELESS INTERVENTION SERVICES  AND,  IF  SO  DIRECTED,
 MUST  REFRAIN  FROM  ANY  FURTHER COERCION OR PURSUIT AT SUCH DIRECTION;
 PROVIDED, HOWEVER, THAT THIS SHALL  NOT  APPLY  TO  DETAINING  A  PERSON
 ENGAGING  IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM. Upon the written
 request of such director or designee, an ambulance service,  as  defined
 in  subdivision  two  of section three thousand one of the public health
 law, is authorized to transport any such person.
   § 17. Intentionally omitted.
   § 18. The mental hygiene law is amended by adding a new  section  7.10
 to read as follows:
 § 7.10 REGULATION  AND  QUALITY CONTROL OF SERVICES FOR INDIVIDUALS WITH
          SEVERE MENTAL ILLNESS.
   THIS ARTICLE SETS FORTH PROVISIONS ENABLING THE COMMISSIONER TO  REGU-
 LATE  AND  ASSURE  THE CONSISTENT HIGH QUALITY OF TREATMENT AND SERVICES
 PROVIDED WITHIN THE STATE TO ITS CITIZENS WITH  SEVERE  MENTAL  ILLNESS.
 THE  COMMISSIONER  SHALL  EVALUATE  MENTAL  HEALTH AND BEHAVIORAL HEALTH
 OUTCOMES, AS WELL AS ISSUANCE OF TREATMENT  PLANS  PURSUANT  TO  SECTION
 29.13  OF  THIS  CHAPTER.  THE COMMISSIONER MAY ADOPT AND PROMULGATE ANY
 REGULATION REASONABLY NECESSARY TO IMPLEMENT  AND  EFFECTIVELY  EXERCISE
 THE  POWERS AND PERFORM THE DUTIES CONFERRED BY THIS ARTICLE. THIS ARTI-
 CLE SHALL GOVERN THE OPERATION OF PROGRAMS, PROVISION  OF  SERVICES  AND
 THE  FACILITIES  HEREINAFTER DESCRIBED AND THE COMMISSIONER'S POWERS AND
 AUTHORITY WITH RESPECT THERETO.
   § 19. Subdivision (n) of section 19.07 of the mental hygiene  law,  as
 added  by chapter 762 of the laws of 2022, is relettered subdivision (o)
 and a new subdivision (p) is added to read as follows:
   (P) THE OFFICE SHALL NOT ADOPT ANY REGULATIONS ON  THE  DISPENSING  OF
 OPIOID  AGONISTS,  INCLUDING  BUT  NOT LIMITED TO METHADONE, WHICH WOULD
 RESULT  IN  ADDITIONAL  LIMITATIONS  TO  ACCESS,  CONTINUING  TREATMENT,
 DOSING,  AND DISPENSING FOR HOME USE, BEYOND THOSE ENUMERATED IN FEDERAL
 LAW AND ANY WAIVERS ISSUED BY THE FEDERAL GOVERNMENT.
   § 20. Section 29.13 of the mental hygiene law is amended by adding two
 new subdivisions (c) and (d) to read as follows:
   (C) THE DIRECTOR OF EACH FACILITY, IN CONJUNCTION WITH A PATIENT ADVO-
 CATE, SHALL CONDUCT FOLLOW UP INVESTIGATION TO  ENSURE  COMPLIANCE  WITH
 PATIENT TREATMENT PLANS.
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   (D)  THE  COMMISSIONER  MAY  SUSPEND,  REVOKE,  OR LIMIT THE OPERATING
 CERTIFICATE OF ANY FACILITY FOUND NOT TO BE PROVIDING  MEDICALLY  RECOM-
 MENDED TREATMENT PLANS PURSUANT TO THIS SECTION.
   §  21.  Subdivision (k) of section 29.15 of the mental hygiene law, as
 amended by chapter 433 of the laws  of  1976,  is  amended  to  read  as
 follows:
   (k)  1. No PATIENT SHALL BE DISCHARGED OR CONDITIONALLY RELEASED UNTIL
 SUCH PATIENT AND THE PATIENT ADVOCATE APPROVE THE WRITTEN TREATMENT PLAN
 DEVELOPED UNDER SECTION 29.13 OF  THIS  ARTICLE.  NO  patient  shall  be
 required,  as  a condition precedent to [his] discharge, to agree to the
 terms of a written [service] TREATMENT plan. If after  the  advisability
 of  following  the  program  proposed in the written [service] TREATMENT
 plan has been explained to the patient who has been discharged or who is
 to be discharged, such patient expresses [his] THEIR objection  to  such
 program  or any part thereof, a notation of such objection shall be made
 in the patient's records.
   2. A PATIENT WITH A MENTAL ILLNESS DIAGNOSIS MAY REQUEST AND SHALL  BE
 ENTITLED  TO  RECEIVE  INPATIENT OR OUTPATIENT TREATMENT RECOMMENDED FOR
 SUCH CONDITION, IRRESPECTIVE OF THE ABILITY OF SUCH PERSON TO  PAY.  FOR
 THE  PURPOSES  OF  SUCH TREATMENT, A PATIENT MAY BE RELOCATED TO ANOTHER
 FACILITY HAVING AN APPROPRIATE OPERATING CERTIFICATE. IN THE ABSENCE  OF
 DOCUMENTATION  OF A MENTAL ILLNESS DIAGNOSIS, ATTESTATION BY THE PATIENT
 SHALL SERVE AS PRESUMPTIVE EVIDENCE OF SUCH CONDITION.
   3. UPON DISCHARGE OR CONDITIONAL RELEASE, A PATIENT SHALL BE  ENTITLED
 TO  COSTS OF TRANSPORTATION EITHER TO THEIR PLACE OF USUAL RESIDENCE, OR
 ANOTHER REQUESTED DESTINATION, IF A SOCIAL SERVICES OFFICIAL, IN CONSUL-
 TATION WITH A PATIENT ADVOCATE, DETERMINES THAT SUCH  PERSON  WILL  HAVE
 ADEQUATE SUPPORT FOR THEIR WELFARE.
   § 22.  Intentionally omitted.
   §  23.  Section 29.19 of the mental hygiene law, as amended by chapter
 408 of the laws of 1999, is amended to read as follows:
 § 29.19 Powers and duties [of peace officers acting  pursuant  to  their
           special  duties  and  police officers] to apprehend, restrain,
           and transport persons to facilities.
   A person who has been committed or admitted to a  department  facility
 or  a  hospital  licensed or operated by the office of mental health and
 who has been reported as escaped therefrom or from  lawful  custody,  or
 who  resists  or  evades  lawful  custody;  and any patient for whom the
 director of a hospital operated by the office of mental health,  or  the
 director's  designee,  has  terminated a conditional release and ordered
 such patient to return to such facility; and  any  patient  for  whom  a
 director  of  an  assisted  outpatient  treatment program, as defined in
 subdivision (a) of section 9.60  of  this  chapter,  or  the  director's
 designee, or anyone designated pursuant to section 9.37 of this chapter,
 has  directed  the  removal to a hospital pursuant to subdivision (n) of
 section 9.60 of this chapter, may  be  apprehended,  restrained,  trans-
 ported  to,  and  returned  to  such school or hospital by any PERSON OR
 PERSONS WITH EXPERTISE IN BEHAVIORAL HEALTH  AND  HOMELESS  INTERVENTION
 SERVICES,  WHO  MAY  REQUEST  THE  ASSISTANCE OF A peace officer, acting
 pursuant to [his] THEIR special duties, or any police officer who  is  a
 member  of  an  authorized  police department or force or of a sheriff's
 department, and it shall be the duty of any such officer to  assist  any
 representative  of  a  department  or  licensed facility, or an assisted
 outpatient treatment program, to take into custody any  such  person  or
 patient  upon  the request of such representative, director or designee.
 NO OFFICER SHALL USE COERCIVE FORCE TO TAKE A  PERSON  INTO  CUSTODY  OR
 A. 2719                             8
 
 PURSUE ANY SUCH PERSON WHO FLEES UNLESS DIRECTED BY A PERSON WITH EXPER-
 TISE  IN BEHAVIORAL HEALTH, OR HOMELESS INTERVENTION SERVICES, AND IF SO
 DIRECTED MUST REFRAIN FROM ANY  FURTHER  COERCION  OR  PURSUIT  AT  SUCH
 DIRECTION;  PROVIDED,  HOWEVER, THAT THIS SHALL NOT APPLY TO DETAINING A
 PERSON ENGAGING IN BEHAVIOR LIKELY TO RESULT IN SERIOUS HARM.
   § 24. Section 29.19 of the mental hygiene law, as amended  by  chapter
 843 of the laws of 1980, is amended to read as follows:
 § 29.19 Powers  and  duties  of  peace officers acting pursuant to their
           special duties and police officers to apprehend, restrain, and
           transport persons to facilities.
   A person who has been committed or admitted to a  department  facility
 and  who  has been reported as escaped therefrom or from lawful custody,
 or who resists or evades lawful custody, may be apprehended, restrained,
 transported to, and returned to such school or hospital by any PERSON OR
 PERSONS WITH EXPERTISE IN BEHAVIORAL HEALTH  AND  HOMELESS  INTERVENTION
 SERVICES,  WHO  MAY  REQUEST  THE  ASSISTANCE OF A peace officer, acting
 pursuant to [his] THEIR special duties, or any police  officer,  and  it
 shall  be the duty of any such officer to assist any representative of a
 department facility to take  into  custody  any  such  person  upon  the
 request  of  such representative. NO OFFICER SHALL USE COERCIVE FORCE TO
 TAKE A PERSON INTO CUSTODY OR PURSUE ANY SUCH PERSON  WHO  FLEES  UNLESS
 DIRECTED  BY  A  PERSON WITH EXPERTISE IN BEHAVIORAL HEALTH, OR HOMELESS
 INTERVENTION SERVICES, AND IF SO DIRECTED MUST REFRAIN FROM ANY  FURTHER
 COERCION  OR  PURSUIT  AT  SUCH  DIRECTION; PROVIDED, HOWEVER, THAT THIS
 SHALL NOT APPLY TO DETAINING A PERSON ENGAGING  IN  BEHAVIOR  LIKELY  TO
 RESULT IN SERIOUS HARM.
   §  25. Subdivisions (c) and (e) of section 29.27 of the mental hygiene
 law, as amended by chapter 322 of the laws of 2021, are amended to  read
 as follows:
   (c)  An  incarcerated  individual-patient may be retained for care and
 treatment in the facility designated by the commissioner for the  period
 stated  in  the  order committing the incarcerated individual-patient to
 the custody of the department unless sooner transferred or discharged in
 accordance with law. If  the  incarcerated  individual-patient  requires
 inpatient  care  and treatment for mental illness beyond such authorized
 period SUCH PERSON MAY REQUEST AND SHALL RECEIVE  MEDICALLY  RECOMMENDED
 SERVICES, IRRESPECTIVE OF ABILITY TO PAY. IF SUCH PERSON DOES NOT VOLUN-
 TARILY  ACCEPT  TREATMENT, the director of the facility where [he or she
 is] THEY ARE kept in custody shall apply for an order  of  retention  or
 subsequent  orders  of  retention  in accordance with the procedures set
 forth in article nine of this chapter for the retention of patients. The
 provisions of this chapter applying  to  the  rights  of  patients  with
 respect  to  notices,  hearings, judicial review, writ of habeas corpus,
 and the services of the mental hygiene  legal  service  shall  apply  to
 incarcerated  individual-patients except that in no case shall an incar-
 cerated individual-patient be discharged or released from custody  prior
 to the time that such incarcerated individual-patient has completed [his
 or  her]  THEIR  term of imprisonment or that [his or her] THEIR release
 from custodial confinement in the correctional  facility  or  jail  from
 which  [he  or  she] SUCH INDIVIDUAL was delivered to the department has
 been duly authorized.
   (e) When the director of the facility in which the incarcerated  indi-
 vidual-patient  is in custody finds that the incarcerated individual-pa-
 tient is no longer mentally ill or no  longer  requires  hospitalization
 for care and treatment, [he or she] THEY shall so notify the incarcerat-
 ed  individual-patient  and  commissioner  of  corrections and community
 A. 2719                             9
 
 supervision or, in the case of an incarcerated individual-patient coming
 from a jail or correctional institution operated  by  local  government,
 the officer in charge of the jail or correctional institution from which
 the  incarcerated  individual-patient was committed. The commissioner of
 corrections and community supervision or such officer, as the  case  may
 be,  shall  immediately arrange to take such incarcerated individual-pa-
 tient into custody and return [him or her] THEM to a correctional facil-
 ity or to the jail or correctional institution operated by local govern-
 ment.  UPON RETURN TO THE CORRECTIONAL  INSTITUTION,  SUCH  INCARCERATED
 INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR REVIEW FOR   MERIT   TERMINATION OF
 SENTENCE AND DISCHARGE FROM  PRESUMPTIVE   RELEASE,  PAROLE, CONDITIONAL
 RELEASE  AND  RELEASE  TO   POST-RELEASE SUPERVISION PURSUANT TO SECTION
 TWO HUNDRED FIVE OF THE CORRECTION LAW.
   § 26. Subdivision 1 of section 43  of  the  social  services  law,  as
 amended  by chapter 458 of the laws of 1986, is amended and a new subdi-
 vision 12 is added to read as follows:
   1. [Within the limits of funds available in the homeless  housing  and
 assistance  fund,  the]  THE  commissioner is hereby authorized to enter
 into contracts with municipalities to provide state financial assistance
 for the project costs attributable  to  the  establishment  of  homeless
 housing  projects. The municipalities that enter into contracts with the
 commissioner shall undertake the establishment of the  homeless  housing
 project  or shall contract with a not-for-profit corporation or charita-
 ble organization to undertake the project, pursuant to this article.
   12. NO LATER THAN FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVI-
 SION, NO MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THEREOF,
 PUBLIC CORPORATION OR  CHARITABLE ORGANIZATION  OR  SUBSIDIARY   THEREOF
 SHALL  OPERATE,  ENTER INTO OR RENEW A CONTRACT FOR ANY HOMELESS HOUSING
 PROJECT INTENDED FOR OCCUPANCY MORE THAN THIRTY DAYS OTHER THAN A  SHEL-
 TER COMPOSED OF SINGLE ROOM OCCUPANCY UNITS.
   §  27.  Subdivision  5  of  section  45 of the social services law, as
 amended by chapter 349 of the laws  of  1994,  is  amended  to  read  as
 follows:
   5.  "Single  room  occupancy unit" shall mean a private room providing
 living and sleeping space for no more than two  persons  OR  ONE  FAMILY
 with  access  to  bathing  and  toilet  facilities, within a building or
 portion thereof which is operated by an eligible  applicant[;  provided,
 however, that in no event shall such unit be located in:
   (a) hotels, motels or other dwellings occupied transiently;
   (b) shelters for families or adults, as defined by the commissioner;
   (c)  residential  facilities  or institutions which are required to be
 licensed by any state agency;
   (d) college or school dormitories;
   (e) clubhouses;
   (f) housing intended for use primarily or exclusively by the employees
 of a single company or institution; or
   (g) convents or monasteries].
   The unit itself may contain a kitchen and/or a bathroom.
   § 28. Subdivision 4 of section 81  of  the  social  services  law,  as
 amended  by  chapter  863  of  the  laws  of 1977, is amended to read as
 follows:
   4.  Such annual reports shall include an  itemized  statement  of  all
 money  received  by  the social services official and all money expended
 [by him], and a detailed statement in regard to the recipients of public
 assistance and care, AND  OUTCOMES OF HOMELESS PERSONS SERVED THAT SHALL
 INCLUDE BUT IS NOT  LIMITED  TO  HOUSING  STABILITY,  BEHAVIORAL  HEALTH
 A. 2719                            10

 OUTCOMES,  AND EMPLOYMENT.  Town and city social services officers shall
 furnish the county commissioner with all data, relating  to  their  work
 and  persons  in  receipt  of  public  assistance and care, necessary to
 enable  the  county  commissioner  to  make  the reports required by the
 department.
   § 29. Section 71-a of the correction law, as amended by chapter 322 of
 the laws of 2021, is amended to read as follows:
   § 71-a. Transitional accountability plan. Upon admission of an  incar-
 cerated  individual  committed to the custody of the department under an
 indeterminate or determinate sentence of  imprisonment,  the  department
 shall  develop  a transitional accountability plan. Such plan shall be a
 comprehensive, dynamic and individualized case management plan based  on
 the  programming and treatment needs of the incarcerated individual. The
 purpose of such plan shall be  to  promote  the  rehabilitation  of  the
 incarcerated  individual and their successful and productive reentry and
 reintegration into society upon release. To that end, such plan shall be
 used to prioritize programming and treatment services for the  incarcer-
 ated  individual during incarceration and any period of community super-
 vision. The commissioner [may] SHALL consult with the office  of  mental
 health,  the  office  of  [alcoholism  and  substance  abuse]  ADDICTION
 services AND SUPPORTS, the board of parole, the  department  of  health,
 and  other  appropriate agencies in the development of transitional case
 management plans.
   § 30. Paragraph (c) of subdivision 6 of section 72-a of the correction
 law is REPEALED.
   § 31. Section 5 of chapter 554 of  the  laws  of  1986,  amending  the
 correction  law  and  the  penal law relating to providing for community
 treatment facilities and establishing the crime of absconding  from  the
 community  treatment  facility,  as  amended  by section 22 of part A of
 chapter 55 of the laws of 2023, is amended to read as follows:
   § 5. This act shall take effect immediately and shall remain  in  full
 force  and  effect  until September 1, [2025] 2027, and provided further
 that the commissioner of correctional services shall report each January
 first and July first during such time as this legislation is in  effect,
 to  the  [chairmen]  CHAIR  of  the  senate  crime  victims,  crime  and
 correction  committee,  the  senate  codes   committee,   the   assembly
 correction  committee,  and  the assembly codes committee, the number of
 individuals who are released to community  treatment  facilities  during
 the  previous six-month period, including the total number for each date
 at each facility who are not residing within the facility, but  who  are
 required to report to the facility on a daily or less frequent basis.
   §  32.  Subdivisions  5  and  15 of section 201 of the correction law,
 subdivision 5 as amended by chapter 484 of the laws of 2022, subdivision
 15 as added by section 32 of subpart A of part C of chapter  62  of  the
 laws of 2011, are amended to read as follows:
   5.  The  department shall assist incarcerated individuals eligible for
 community supervision and individuals who are on  community  supervision
 to  secure employment, educational or vocational training, [and] housing
 AND TREATMENT PURSUANT TO THE MENTAL  HYGIENE  LAW.    Any  program  the
 department  requires  a  person  on  community  supervision to take as a
 condition of such supervision shall not unreasonably interfere with such
 person's employment, educational or vocational training schedule  unless
 such program is a residential treatment program.
   15.  The  commissioner shall provide an annual report to the temporary
 president of the senate, the speaker of the assembly, the minority lead-
 er of the senate and minority leader of the assembly, commencing January
 A. 2719                            11
 
 first, two thousand twelve. Such report shall include but not be limited
 to the number of persons: released  to  community  supervision  and  the
 release  type;  supervised on community supervision during the preceding
 year; whose community supervision was revoked; returned to incarceration
 for conviction of a new felony committed while on community supervision;
 transferred  out  of  state pursuant to the Interstate Compact for Adult
 Supervision. In addition, the commissioner shall provide INFORMATION  ON
 BEHAVIORAL  HEALTH AND HOUSING OUTCOMES, AND other available information
 regarding community  supervision  to  the  temporary  president  of  the
 senate,  the  speaker of the assembly, the minority leader of the senate
 and minority leader of the assembly upon request.
   § 33. Section 205 of the correction law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  A  MERIT  TERMINATION  MAY BE GRANTED IF IT IS DETERMINED BY THE
 DEPARTMENT THAT SUCH PERSON CANNOT BE REASONABLY EXPECTED TO REOFFEND IF
 PROVIDED SERVICES PURSUANT TO THE SOCIAL  SERVICES  LAW  OR  THE  MENTAL
 HYGIENE  LAW,  AND  SUCH  PERSON  IS NOT ON PRESUMPTIVE RELEASE, PAROLE,
 CONDITIONAL RELEASE OR RELEASE TO POST-RELEASE SUPERVISION FROM  A  TERM
 OF  IMPRISONMENT  IMPOSED  FOR  ANY OF THE FOLLOWING OFFENSES, OR FOR AN
 ATTEMPT TO COMMIT ANY OF THE FOLLOWING OFFENSES:
   (A) MURDER IN THE FIRST DEGREE;
   (B) UNLAWFUL IMPRISONMENT IN THE FIRST DEGREE, KIDNAPPING IN THE FIRST
 DEGREE, OR KIDNAPPING IN THE SECOND DEGREE, IN WHICH THE VICTIM IS  LESS
 THAN  SEVENTEEN  YEARS  OLD  AND  THE  OFFENDER IS NOT THE PARENT OF THE
 VICTIM;
   (C) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED THIRTY OF THE PENAL  LAW
 INVOLVING THE PROSTITUTION OF A PERSON LESS THAN NINETEEN YEARS OLD; OR
   (D) AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL
 LAW.
   §  34. Paragraph (c) of subdivision 1 of section 273 of the correction
 law, as added by section 1 of part SS of chapter 56 of the laws of 2009,
 is amended to read as follows:
   (c) having verified community ties in  one  of  the  following  areas:
 employment,  permanent  residence  OR  RECEIPT  OF HOMELESS INTERVENTION
 SERVICES and family.
   § 35. Subdivision 6 of section 400 of the correction law, as added  by
 chapter 766 of the laws of 1976, is amended to read as follows:
   (6)  "Mental  illness"  means  an  affliction with a mental disease or
 mental condition which is manifested by a  disorder  or  disturbance  in
 behavior,  feeling,  thinking,  or  judgment  to such an extent that the
 person afflicted requires care and treatment; OR AN  ADDICTIVE  DISORDER
 AS DEFINED IN THE MENTAL HYGIENE LAW.
   §  36.  Section  401  of the correction law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. A MENTAL HEALTH CLINICIAN, OR THE HIGHEST RANKING FACILITY  SECU-
 RITY  SUPERVISOR  IN CONSULTATION WITH A MENTAL HEALTH CLINICIAN WHO HAS
 INTERVIEWED THE INCARCERATED INDIVIDUAL, MAY DETERMINE THAT SUCH  INCAR-
 CERATED  INDIVIDUAL  CAN  RECEIVE  THERAPEUTIC PROGRAMMING AND/OR MENTAL
 HEALTH TREATMENT IN AN OUTPATIENT FACILITY WITH AN APPROPRIATE OPERATING
 CERTIFICATE WHILE LIVING OUT-OF-CELL  IF  SUCH  INCARCERATED  PERSON  IS
 REASONABLY  SAFE  TO BE AT-LARGE. SUCH DETERMINATION SHALL BE DOCUMENTED
 IN WRITING.
   § 37. Subdivision 6 of section 401 of the correction law, as separate-
 ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the
 laws of 2021, is amended to read as follows:
 A. 2719                            12
 
   6. The department shall ensure that the curriculum for new  correction
 officers,  and  other  new  department  staff who will regularly work in
 programs providing mental health treatment for incarcerated individuals,
 shall include at least eight hours of training about the types and symp-
 toms  of  mental  illnesses,  the  goals of mental health treatment, the
 prevention of suicide and training in  how  to  effectively  and  safely
 manage  incarcerated  individuals with mental illness. Such training may
 be provided by the office of mental health or the justice center for the
 protection of people with special needs. All department  staff  who  are
 transferring  into  a  residential  mental  health  treatment unit shall
 receive a minimum of eight additional hours of such training, and  eight
 hours  of annual training as long as they work in such a unit. All secu-
 rity, program services, mental health  and  medical  staff  with  direct
 incarcerated individual contact shall receive training each year regard-
 ing  identification  of,  and  care  for,  incarcerated individuals with
 mental illnesses. The department shall provide  additional  training  on
 these  topics  on  an  ongoing  basis as it deems appropriate. All staff
 working in a residential mental health treatment unit shall also receive
 the training mandated in paragraph (n) of subdivision six of section one
 hundred thirty-seven of this chapter.  ALL DEPARTMENT STAFF  SHALL  HAVE
 THE OBLIGATION  TO REPORT SIGNS OF MENTAL ILLNESS TO A SUPERVISOR.
   §  38. Subdivisions 1, 2, 3, 9 and 10 of section 402 of the correction
 law, as amended by chapter 351, subdivisions 1, 2, 3 and 9 as separately
 amended by chapter 322 of the laws of 2021, are amended and a new subdi-
 vision 12-a is added to read as follows:
   1. [Whenever the] THE physician  of  any  correctional  facility,  any
 county  penitentiary,  county  jail  or  workhouse,  any reformatory for
 women, or of any other correctional institution, shall [report in  writ-
 ing  to  the  superintendent  that]  CONDUCT  A PERSONAL EXAMINATION AND
 REVIEW MEDICAL RECORDS OF any person undergoing a sentence of  imprison-
 ment  or  adjudicated  to  be a youthful offender or juvenile delinquent
 confined therein WITHIN FIVE DAYS OF SUCH  PERSON'S  INCARCERATION,  AND
 EVERY  TWELVE  MONTHS  THEREAFTER.  IF THE PHYSICIAN DETERMINES THAT THE
 INCARCERATED PERSON has, in [his or her]  SUCH  PHYSICIAN'S  opinion,  a
 mental illness, [such superintendent shall apply to a judge of the coun-
 ty court or justice of the supreme court in the county to cause an exam-
 ination  to  be  made  of  such person by two examining physicians. Such
 physicians shall be designated by the judge to whom the  application  is
 made.]  SUCH  PHYSICIAN  SHALL  CAUSE  AN EXAMINATION TO BE MADE OF SUCH
 PERSON BY A SECOND EXAMINING PHYSICIAN WITHIN  TWENTY-FOUR  HOURS.  Each
 such  physician,  if  satisfied, after a personal examination, that such
 incarcerated individual has a mental illness and in  need  of  care  and
 treatment,  shall make a certificate to such effect. [Before making such
 certificate, however, he or she shall consider alternative forms of care
 and treatment available during confinement in such correctional  facili-
 ty,  penitentiary,  jail,  reformatory  or correctional institution that
 might be adequate to provide for such  incarcerated  individual's  needs
 without  requiring  hospitalization.]  If  the examining physician knows
 that the person [he or she is] THEY ARE examining has been  under  prior
 treatment,  [he  or  she]  SUCH  PHYSICIAN  shall,  insofar as possible,
 consult with the physician or psychologist furnishing such prior  treat-
 ment prior to making [his or her] SUCH certificate.
   2.  In  the city of New York, [if] WITHIN FIVE DAYS OF AN INDIVIDUAL'S
 INCARCERATION AND EVERY TWELVE MONTHS THEREAFTER,  the  physician  of  a
 workhouse,  city  prison,  jail, penitentiary or reformatory [reports in
 writing to the  superintendent  of  such  institution  that  a  prisoner
 A. 2719                            13

 confined  therein,  serving  a  sentence  of imprisonment, in his or her
 opinion] SHALL CONDUCT A PERSONAL EXAMINATION AND REVIEW MEDICAL RECORDS
 OF SUCH INCARCERATED INDIVIDUAL.  IF, IN THE OPINION OF SUCH  PHYSICIAN,
 THE  INCARCERATED INDIVIDUAL has a mental illness, OR IF MEDICAL RECORDS
 FOR SUCH INCARCERATED INDIVIDUAL DOCUMENT DIAGNOSIS OF AN ONGOING  SERI-
 OUS  MENTAL ILLNESS, the superintendent of said institution shall either
 transfer said [prisoner] INCARCERATED INDIVIDUAL to  Bellevue  or  Kings
 county  hospital  for  observation  as to [his or her] SUCH INDIVIDUAL'S
 mental condition by two examining physicians or shall secure two examin-
 ing physicians to make such examination AND REVIEW  MEDICAL  RECORDS  in
 [his]  THE  institution.    Each  such  physician,  if satisfied after a
 personal examination [and], observation, AND REVIEW OF  MEDICAL  RECORDS
 that  the  [prisoner]  INDIVIDUAL  has a mental illness [and] in need of
 care and treatment, shall make a certificate  to  such  effect.  [Before
 making  such  certificate, however, he or she shall consider alternative
 forms of care and treatment available during confinement in such correc-
 tional facility, penitentiary, jail, reformatory or correctional  insti-
 tution  that might be adequate to provide for such incarcerated individ-
 ual's  needs  without  requiring  hospitalization.]  If  the   examining
 physician  knows  that  the person [he or she is] THEY ARE examining has
 been under prior treatment, [he or she] THEY shall, insofar as possible,
 consult with the physician or psychologist furnishing such prior  treat-
 ment prior to making [his or her] SUCH certificate.
   3.  Upon  such certificates of the examining physicians being so made,
 it shall be delivered to the superintendent  who,  IF  THE  INCARCERATED
 INDIVIDUAL  DOES NOT AGREE TO VOLUNTARY ADMISSION, shall thereupon apply
 by petition forthwith to a judge of the county court or justice  of  the
 supreme  court  in the county, annexing such certificate to [his or her]
 THEIR petition, for an order committing such incarcerated individual  to
 a hospital for persons with a mental illness OR OUTPATIENT FACILITY WITH
 AN  APPROPRIATE  OPERATING CERTIFICATE.  Upon every such application for
 such an order of commitment, notice thereof in writing, of at least five
 days, together with a copy of the petition, shall be  served  personally
 upon  the  alleged person with a mental illness, and in addition thereto
 such notice and a copy of the petition shall be served upon  either  the
 [wife,  the husband, the father or mother] SPOUSE, PARENT or other near-
 est relative of such alleged person with a mental illness, if  there  be
 any  such known relative within the state; and if not, such notice shall
 be served upon any known friend of such alleged  person  with  a  mental
 illness  within  the state. If there be no such known relative or friend
 within the state, the giving of such notice shall be dispensed with, but
 in such case the petition for the commitment shall  recite  the  reasons
 why service of such notice on a relative or friend of the alleged person
 with  a  mental  illness was dispensed with and, in such case, the order
 for commitment shall recite why service of such a notice on  a  relative
 or  friend  of  the  alleged  person with a mental illness was dispensed
 with. Copies of the notice, the petition and  the  certificates  of  the
 examining  physicians  shall  also  be  given  the  mental hygiene legal
 service. The mental hygiene legal service shall inform the  incarcerated
 individual  and,  in proper cases, others interested in the incarcerated
 individual's welfare, of the procedures for placement in a  hospital  OR
 OUTPATIENT  FACILITY  HAVING AN APPROPRIATE OPERATING CERTIFICATE and of
 the incarcerated individual's right to have a hearing, to have  judicial
 review with a right to a jury trial, to be represented by counsel and to
 seek  an  independent  medical opinion. The mental hygiene legal service
 A. 2719                            14
 
 shall have personal access to  such  incarcerated  individual  for  such
 purposes.
   9. Except as provided in subdivision two of this section pertaining to
 [prisoners]  INCARCERATED  INDIVIDUALS confined in the city of New York,
 an incarcerated individual of a correctional facility or a  county  jail
 may  be admitted on an emergency basis to the Central New York Psychiat-
 ric Center upon the certification by two examining physicians, including
 physicians employed by the office of mental health and  associated  with
 the  correctional  facility  in  which  such  incarcerated individual is
 confined, that the incarcerated individual suffers from a mental illness
 which is likely to result in serious harm to [himself, herself] THEMSELF
 or others as defined in subdivision (a) of section 9.39  of  the  mental
 hygiene  law.  Any  person so committed shall be delivered by the super-
 intendent within a twenty-four hour  period,  to  the  director  of  the
 appropriate  hospital  as designated in the rules and regulations of the
 office of mental health. Upon delivery of  such  person  to  a  hospital
 operated  by  the office of mental health, IF SUCH PERSON DOES NOT AGREE
 TO VOLUNTARY ADMISSION, a proceeding under this section shall immediate-
 ly be commenced.
   10. If the director of a hospital for persons with  a  mental  illness
 shall  deem  that  the  condition  of  such person with a mental illness
 requires [his] further retention in a hospital [he] THE DIRECTOR  shall,
 during  the  period  of  retention  authorized  by the last order of the
 court, apply to the supreme court or county court in  the  county  where
 such  hospital  is located, for an order authorizing continued retention
 of such person with a mental illness. The procedures for  obtaining  any
 order  pursuant  to  this  subdivision  shall  be in accordance with the
 provisions of the mental hygiene law for the  retention  of  involuntary
 patients.  A  PERSON MAY BE DISCHARGED BEFORE THE END OF ANY SENTENCE OR
 PERIOD OF RETENTION IF THE DIRECTOR DETERMINES IT IS MEDICALLY APPROPRI-
 ATE AND SUCH PERSON IS NOT LIKELY TO REOFFEND.
   12-A. PRIOR TO DISCHARGE, THE  FACILITY  DIRECTOR  SHALL  PROVIDE  THE
 DEPARTMENT  WITH  A TREATMENT PLAN DEEMED MEDICALLY APPROPRIATE AND THAT
 SUPPORTS THE HOUSING STABILITY AND ECONOMIC WELL-BEING OF  SUCH  PERSON,
 AND  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH MUST
 APPROVE SUCH PLAN. IF THE DIRECTOR DETERMINES THAT NO  PLAN  IS  NEEDED,
 THEY SHALL PROVIDE A WRITTEN ATTESTATION TO THAT EFFECT.
   §  39.  Subdivision 4 of section 404 of the correction law, as amended
 by chapter 322 of the laws of 2021, is amended to read as follows:
   4. Every incarcerated individual who has received mental health treat-
 ment pursuant to this article within three years of [his or  her]  THEIR
 anticipated  release  date  from  a state correctional facility shall be
 provided with mental health discharge planning and, when necessary,  [an
 appointment  with a mental health professional] A COURSE OF TREATMENT in
 the community [who can prescribe] THAT CAN INCLUDE PRESCRIPTION  medica-
 tions  following  discharge and sufficient mental health medications and
 prescriptions to bridge the period between discharge and  such  time  as
 such  mental  health professional may assume care of the patient. Incar-
 cerated individuals who have refused mental health treatment may also be
 provided mental health discharge planning and any necessary  appointment
 with a mental health professional.
   §  40.  Subdivision 5 of section 201 of the correction law, as amended
 by chapter 484 of the laws of 2022, is amended to read as follows:
   5. The department shall assist incarcerated individuals  eligible  for
 community  supervision  and individuals who are on community supervision
 to secure employment, educational or vocational training, MENTAL  HEALTH
 A. 2719                            15
 
 TREATMENT, and housing.  Any program the department requires a person on
 community  supervision  to take as a condition of such supervision shall
 not unreasonably interfere with such person's employment, educational or
 vocational training schedule unless such program is a residential treat-
 ment program.
   § 41. The judiciary law is amended by adding a new article 5-c to read
 as follows:
                                 ARTICLE 5-C
                           MENTAL HEALTH COURTS
 SECTION 178.   ESTABLISHMENT OF MENTAL HEALTH COURTS.
         178-A. TRANSFER  OF  ACTIONS  OR  PROCEEDINGS TO SUPERIOR MENTAL
                  HEALTH COURTS.
         178-B. TRANSFER OF ACTIONS OR PROCEEDINGS TO LOCAL MENTAL HEALTH
                  COURTS.
         178-C. PROCEDURE IN A SUPERIOR  MENTAL  HEALTH  COURT  OR  LOCAL
                  MENTAL   HEALTH  COURT  UPON  TRANSFER  OF  ACTIONS  OR
                  PROCEEDINGS THERETO.
         178-D. REPORTS.
   § 178. ESTABLISHMENT OF MENTAL HEALTH COURTS. 1.  FOLLOWING  CONSULTA-
 TION  WITH  THE PRESIDING JUSTICE OF THE APPROPRIATE APPELLATE DIVISION,
 THE CHIEF ADMINISTRATOR OF THE  COURTS  SHALL  ESTABLISH  MENTAL  HEALTH
 COURTS  IN  SUPREME  COURT  OR  COUNTY  COURT  ("SUPERIOR  MENTAL HEALTH
 COURTS") IN ANY COUNTY AND ASSIGN ONE OR  MORE  JUSTICES  OR  JUDGES  TO
 PRESIDE  THEREIN.  EACH  SUPERIOR  MENTAL HEALTH COURT SHALL HAVE AS ITS
 PURPOSE THE HEARING AND DETERMINATION OF:
   (A) CRIMINAL CASES THAT ARE COMMENCED IN THE SUPERIOR COURT  AND  THAT
 ARE IDENTIFIED BY THE COURT AS APPROPRIATE FOR DISPOSITION BY A SUPERIOR
 MENTAL HEALTH COURT; AND
   (B)  CRIMINAL  CASES THAT ARE COMMENCED IN OTHER COURTS OF THE COUNTY,
 AND THAT ARE IDENTIFIED AS APPROPRIATE FOR  DISPOSITION  BY  A  SUPERIOR
 MENTAL  HEALTH  COURT  AND  TRANSFERRED TO THAT COURT AS PROVIDED FOR IN
 SECTION ONE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE.
   2. WHERE NECESSARY TO  BEST  UTILIZE  AVAILABLE  COURT  AND  COMMUNITY
 RESOURCES  FOR  ACTIONS  OR PROCEEDINGS INVOLVING DEFENDANTS WITH MENTAL
 HEALTH PROBLEMS, THE CHIEF ADMINISTRATOR OF THE COURTS  SHALL  ESTABLISH
 MENTAL  HEALTH  COURTS IN ONE OR MORE CITY OR DISTRICT COURTS OR TOWN OR
 VILLAGE JUSTICE COURTS IN SUCH COUNTY, AND ASSIGN ONE OR  MORE  JUSTICES
 OR  JUDGES TO PRESIDE THEREIN. EACH LOCAL MENTAL HEALTH COURT SHALL HAVE
 AS ITS PURPOSE THE HEARING AND  DETERMINATION  OF  CRIMINAL  ACTIONS  OR
 PROCEEDINGS  THAT  ARE  COMMENCED IN A CITY OR DISTRICT COURT OR TOWN OR
 VILLAGE JUSTICE COURT THAT ARE IDENTIFIED AS APPROPRIATE FOR DISPOSITION
 BY A LOCAL MENTAL HEALTH COURT AND TRANSFERRED TO THAT COURT AS PROVIDED
 FOR IN SECTION ONE HUNDRED SEVENTY-EIGHT-B OF THIS ARTICLE.
   § 178-A. TRANSFER OF ACTIONS OR PROCEEDINGS TO SUPERIOR MENTAL  HEALTH
 COURTS.  1.  (A)  A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH A SUPERIOR
 MENTAL HEALTH COURT HAS BEEN ESTABLISHED MAY, UPON MOTION OF THE DEFEND-
 ANT AND WITH THE CONSENT OF  THE  DISTRICT  ATTORNEY,  CAUSE  COPIES  OF
 PAPERS  AND  OTHER  DOCUMENTS  FILED  IN  SUCH  LOCAL  CRIMINAL COURT IN
 CONNECTION WITH A CRIMINAL ACTION OR PROCEEDING PENDING  THEREIN  TO  BE
 SENT TO THE SUPERIOR MENTAL HEALTH COURT:
   (I)  UPON  OR  AFTER  ARRAIGNMENT OF THE DEFENDANT ON A LOCAL CRIMINAL
 COURT ACCUSATORY INSTRUMENT BY  WHICH  SUCH  ACTION  OR  PROCEEDING  WAS
 COMMENCED; OR
   (II)  UPON  OR  AFTER COMMENCEMENT OF A PROCEEDING BROUGHT AGAINST THE
 DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
 A SENTENCE OF CONDITIONAL DISCHARGE.
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   (B) NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
 DOCUMENTS, WHERE THERE IS A REASONABLE BELIEF THAT  A  DEFENDANT  HAS  A
 SEVERE  MENTAL  ILLNESS,  THE JUSTICE OR JUDGE PRESIDING IN THE SUPERIOR
 MENTAL HEALTH COURT SHALL REVIEW THE MEDICAL RECORDS OF  SUCH  DEFENDANT
 AND  SHALL  CAUSE  A  PSYCHIATRIC  EVALUATION  OF SUCH DEFENDANT. IF THE
 DEFENDANT IS DETERMINED TO HAVE A SEVERE MENTAL ILLNESS, THE JUSTICE  OR
 JUDGE  PRESIDING  IN  THE  COURT  SHALL ORDER TRANSFER, OF THE ACTION OR
 PROCEEDING TO THE SUPERIOR MENTAL HEALTH COURT, ALL  ORIGINATING  PAPERS
 SHALL  BE  SENT FROM THE ORIGINATING COURT TO THE SUPERIOR MENTAL HEALTH
 COURT, AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED  THEREIN.  IF  THE
 JUSTICE  OR JUDGE DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING
 WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE, THEY SHALL  NOTIFY  THE
 LOCAL  CRIMINAL  COURT  FROM  WHICH  THE  REFERENCE WAS RECEIVED OF SUCH
 DETERMINATION, WHEREUPON ALL  FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR
 PROCEEDING SHALL BE CONDUCTED IN ACCORDANCE WITH LAW.
   2. (A) AT ANY TIME WHILE A CRIMINAL ACTION OR PROCEEDING IS PENDING IN
 A SUPERIOR COURT IN A COUNTY IN WHICH A SUPERIOR MENTAL HEALTH COURT HAS
 BEEN  ESTABLISHED,  INCLUDING A PROCEEDING BROUGHT AGAINST DEFENDANT FOR
 THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF
 CONDITIONAL DISCHARGE, A JUDGE OR JUSTICE OF  THE  COURT  IN  WHICH  THE
 ACTION  OR  PROCEEDING  IS PENDING MAY, UPON MOTION OF THE DEFENDANT AND
 WITH THE CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES  OF  PAPERS  AND
 OTHER  DOCUMENTS  FILED  IN  SUCH COURT IN CONNECTION WITH THE ACTION OR
 PROCEEDING TO BE SENT TO THE JUDGE OR JUSTICE PRESIDING IN THE  SUPERIOR
 MENTAL HEALTH COURT FOR REVIEW OF THE APPROPRIATENESS OF THE TRANSFER.
   (B)  NOT LATER THAN FIVE BUSINESS DAYS FOLLOWING RECEIPT OF THE PAPERS
 AND OTHER DOCUMENTS, THE JUDGE OR  JUSTICE  PRESIDING  IN  THE  SUPERIOR
 MENTAL  HEALTH  COURT  SHALL  DETERMINE WHETHER OR NOT A TRANSFER OF THE
 ACTION OR PROCEEDING TO THE COURT WOULD PROMOTE  THE  ADMINISTRATION  OF
 JUSTICE. IF SUCH JUDGE OR JUSTICE DETERMINES THAT IT WOULD:
   (I) SUCH JUDGE OR JUSTICE, IF SITTING IN SUPREME COURT, MAY ORDER SUCH
 TRANSFER,  IN WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED FOR
 DISPOSITION TO THE SUPERIOR MENTAL HEALTH  COURT,  ALL  ORIGINAL  PAPERS
 SHALL  BE  SENT  TO  THE  SUPERIOR  MENTAL HEALTH COURT, AND ALL FURTHER
 PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED THEREIN; OR
   (II) SUCH JUDGE OR JUSTICE, IF SITTING IN COUNTY COURT, SHALL SO NOTI-
 FY THE JUDGE OF THE COURT WHO CAUSED THE PAPERS AND OTHER  DOCUMENTS  TO
 BE  SENT TO THEM, AND SUCH JUSTICE MAY THEREUPON ORDER SUCH TRANSFER, IN
 WHICH EVENT THE ACTION OR PROCEEDING SHALL BE REFERRED  FOR  DISPOSITION
 TO  THE  SUPERIOR MENTAL HEALTH COURT, ALL ORIGINAL PAPERS SHALL BE SENT
 FROM THE ORIGINATING COURT TO THE SUPERIOR MENTAL HEALTH COURT, AND  ALL
 FURTHER  PROCEEDINGS  IN  SUCH  ACTION  OR PROCEEDING SHALL BE CONDUCTED
 THEREIN. IF THE JUDGE OR JUSTICE PRESIDING IN THE SUPERIOR MENTAL HEALTH
 COURT DETERMINES THAT A TRANSFER OF THE ACTION OR PROCEEDING  WOULD  NOT
 PROMOTE THE ADMINISTRATION OF JUSTICE, SUCH JUDGE OR JUSTICE SHALL NOTI-
 FY  THE  ORIGINATING  COURT OF SUCH DETERMINATION, WHEREUPON ALL FURTHER
 PROCEEDINGS IN SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED  IN  ACCORD-
 ANCE WITH LAW.
   3.  UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
 A JUDGE OR JUSTICE, WITH THE ADVICE AND CONSENT OF A PSYCHIATRIST AND  A
 SOCIAL  SERVICES OFFICIAL, MAY ORDER INPATIENT MEDICAL TREATMENT, OUTPA-
 TIENT TREATMENT, OR OTHER MEDICALLY RECOMMENDED TREATMENT, AND MAY ORDER
 MONITORING FOR COMPLIANCE. FAILURE TO COMPLY WITH  ANY  SUCH  ORDER  MAY
 RESULT IN A NEW HEARING. FAILURE TO COMPLY WITH ANY SUCH ORDER SHALL NOT
 BE GROUNDS FOR INCARCERATION, PROBATION, OR FINES.
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   4.  UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH COURT,
 THE DEFENDANT SHALL BE NOTIFIED OF SOCIAL SERVICES AVAILABLE TO THEM.
   §  178-B.  TRANSFER  OF  ACTIONS OR PROCEEDINGS TO LOCAL MENTAL HEALTH
 COURTS. 1. A LOCAL CRIMINAL COURT IN A COUNTY IN WHICH  A  LOCAL  MENTAL
 HEALTH  COURT HAS BEEN ESTABLISHED MAY, UPON MOTION OF THE DEFENDANT AND
 WITH THE CONSENT OF THE DISTRICT ATTORNEY, CAUSE COPIES  OF  PAPERS  AND
 OTHER  DOCUMENTS FILED IN SUCH LOCAL CRIMINAL COURT IN CONNECTION WITH A
 CRIMINAL ACTION OR PROCEEDING THEREIN TO BE SENT  TO  THE  LOCAL  MENTAL
 HEALTH COURT:
   (A) UPON OR AFTER ARRAIGNMENT OF A DEFENDANT ON A LOCAL CRIMINAL COURT
 ACCUSATORY  INSTRUMENT BY WHICH SUCH ACTION OR PROCEEDING WAS COMMENCED;
 OR
   (B) UPON OR AFTER COMMENCEMENT  OF  A  PROCEEDING  BROUGHT  AGAINST  A
 DEFENDANT FOR THE VIOLATION OF A CONDITION OF A SENTENCE OF PROBATION OR
 A SENTENCE OF CONDITIONAL DISCHARGE.
   2.  NOT LATER THAN FIVE DAYS FOLLOWING RECEIPT OF THE PAPERS AND OTHER
 DOCUMENTS, THE JUSTICE OR JUDGE PRESIDING IN  THE  LOCAL  MENTAL  HEALTH
 COURT, IN CONSULTATION WITH THE JUSTICE OR JUDGE IN THE COURT OF ORIGIN,
 SHALL  REVIEW  THE  MEDICAL  RECORDS OF SUCH DEFENDANT AND SHALL CAUSE A
 PSYCHIATRIC EVALUATION OF SUCH DEFENDANT. IF THE DEFENDANT IS DETERMINED
 TO HAVE A SEVERE MENTAL ILLNESS, THE JUSTICE OR JUDGE PRESIDING  IN  THE
 COURT  SHALL ORDER TRANSFER, OF THE ACTION OR PROCEEDING SHALL BE TRANS-
 FERRED TO THE LOCAL MENTAL HEALTH COURT, ALL  ORIGINATING  PAPERS  SHALL
 THEN  BE SENT FROM THE COURT OF ORIGIN TO THE LOCAL MENTAL HEALTH COURT,
 AND ALL FURTHER PROCEEDINGS SHALL BE CONDUCTED THEREIN. IF THE PRESIDING
 JUSTICE OR JUDGE IN THE LOCAL MENTAL HEALTH  COURT  OR  THE  JUSTICE  OR
 JUDGE PRESIDING IN THE COURT OF ORIGIN DETERMINES THAT A TRANSFER OF THE
 ACTION  OR  PROCEEDING  WOULD NOT PROMOTE THE ADMINISTRATION OF JUSTICE,
 THE ACTION OR  PROCEEDING  WILL  NOT  BE  TRANSFERRED  AND  ALL  FURTHER
 PROCEEDINGS  IN  SUCH ACTION OR PROCEEDING SHALL BE CONDUCTED IN ACCORD-
 ANCE WITH LAW.
   3. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH  COURT,
 A  JUDGE OR JUSTICE, WITH THE ADVICE AND CONSENT OF A PSYCHIATRIST AND A
 SOCIAL SERVICES OFFICIAL, MAY ORDER INPATIENT MEDICAL TREATMENT,  OUTPA-
 TIENT TREATMENT, OR OTHER MEDICALLY RECOMMENDED TREATMENT, AND MAY ORDER
 MONITORING  FOR  COMPLIANCE.  FAILURE  TO COMPLY WITH ANY SUCH ORDER MAY
 RESULT IN A NEW HEARING. FAILURE TO COMPLY WITH ANY SUCH ORDER SHALL NOT
 BE GROUNDS FOR INCARCERATION, PROBATION, OR FINES.
   4. UPON TRANSFER OF AN ACTION OR PROCEEDING TO A MENTAL HEALTH  COURT,
 THE DEFENDANT SHALL BE NOTIFIED OF SOCIAL SERVICES AVAILABLE TO THEM.
   §  178-C.  PROCEDURE IN A SUPERIOR MENTAL HEALTH COURT OR LOCAL MENTAL
 HEALTH COURT UPON TRANSFER OF ACTIONS  OR  PROCEEDINGS  THERETO.    EACH
 ACTION  OR  PROCEEDING  TRANSFERRED TO A SUPERIOR COURT AND REFERRED FOR
 DISPOSITION TO A SUPERIOR MENTAL HEALTH COURT THEREOF  AND  EACH  ACTION
 TRANSFERRED  TO  A  LOCAL  COURT AND REFERRED FOR DISPOSITION IN A LOCAL
 MENTAL HEALTH COURT THEREOF SHALL BE SUBJECT TO THE SAME SUBSTANTIVE AND
 PROCEDURAL LAW AS WOULD HAVE APPLIED HAD THERE BEEN NO TRANSFER.
   § 178-D. REPORTS. EVERY FIVE YEARS THE OFFICE OF COURT  ADMINISTRATION
 SHALL PRODUCE A REPORT ON OUTCOMES ON DEFENDANTS IN MENTAL HEALTH COURTS
 WHICH  SHALL  INCLUDE, BUT NOT BE LIMITED TO, SUBSEQUENT ARRESTS, BEHAV-
 IORAL HEALTH OUTCOMES, AND HOUSING STABILITY OF SUCH DEFENDANTS.
   § 42. Intentionally omitted.
   § 43. Subdivision 1 of section 602 of the public health law is amended
 by adding a new subdivision (g) to read as follows:
   (G) MENTAL HEALTH SERVICES.
 A. 2719                            18
 
   § 44. The administrative code of the city of New York  is  amended  by
 adding two new sections 21-335 and 21-336 to read as follows:
   §  21-335  MOBILE  DEVICES  AND  POST  OFFICE BOXES. 1. EVERY HOMELESS
 PERSON, OR ONE INDIVIDUAL IN A FAMILY WHICH IS  IDENTIFIED  AS  HOMELESS
 SHALL  BE  ENTITLED  TO A MOBILE PHONE CAPABLE OF AT LEAST SHORT MESSAGE
 SERVICE (SMS) AND ELECTRONIC MAIL.
   2. EVERY HOMELESS PERSON, OR ONE INDIVIDUAL IN A FAMILY WHICH IS IDEN-
 TIFIED AS HOMELESS SHALL BE ENTITLED TO A POST OFFICE BOX OR OTHER MAIL-
 ING ADDRESS.
   § 21-336 SHELTER SYSTEMS STUDY. AT LEAST ONCE EVERY  FIVE  YEARS,  THE
 COMMISSIONER  SHALL  UNDERTAKE A DYNAMIC STUDY ON NEEDED IMPROVEMENTS TO
 THE SHELTER SYSTEM.   SUCH STUDY SHALL BE  CONDUCTED  BY  FOLLOWING  THE
 ATTEMPTS  OF  AT LEAST FIVE CONTRACTED PERSONS, POSING AS HOMELESS INDI-
 VIDUALS, AS THEY ATTEMPT TO SEEK PERMANENT  HOUSING  AND  SERVICES.  THE
 COMMISSIONER  SHALL  PRODUCE A REPORT ON THOSE PROCESSES AND MAKE RECOM-
 MENDATIONS FOR IMPROVEMENTS.
   § 45. Section 17-199.26 of the administrative code of the city of  New
 York,  as  added by local law number 108 of the city of New York for the
 year 2023, and as renumbered by local law number 100 for the city of New
 York for the year 2024, is amended to read as follows:
   § 17-199.26 Mental health and behavioral health services outreach  and
 education.  The department shall establish and implement an outreach and
 education campaign to raise public awareness about programs that provide
 low-cost and no-cost mental health services to New Yorkers  who  do  not
 qualify  for  or  cannot afford health insurance based on federal guide-
 lines. Such outreach and education  shall  include,  as  applicable,  an
 explanation  of how individuals may access such services, including, but
 not limited to, through referrals from primary care providers. The mate-
 rials for such outreach and education campaign shall be  made  available
 in  English and the designated citywide languages, as defined in section
 23-1101.  THE  DEPARTMENT  SHALL  PROVIDE  PAMPHLETS  AND  CONSPICUOUSLY
 DISPLAY  INFORMATION  ON  THE  PROGRAM  IN  ALL  CITY  AGENCY BUILDINGS,
 SCHOOLS, SHELTERS, AND AT HOSPITALS OPERATED BY THE NEW YORK CITY HEALTH
 AND HOSPITALS CORPORATION.
   § 46. The administrative code of the city of New York  is  amended  by
 adding a new section 21-304.1 to read as follows:
   §  21-304.1  APPLICATION;  PROCESS. 1. TO THE MAXIMUM EXTENT POSSIBLE,
 THE COMMISSIONER SHALL DEVELOP A SINGLE  APPLICATION  FOR  ALL  PROGRAMS
 UNDER THIS CHAPTER, OR, IN THE ALTERNATIVE, A PROCESS WHEREBY THE INFOR-
 MATION PROVIDED BY AN APPLICANT IN A SINGLE APPLICATION CAN BE POPULATED
 INTO OTHER APPLICATIONS.
   2.  TO  THE MAXIMUM EXTENT POSSIBLE, AN APPLICATION FOR SERVICES SHALL
 NOT BE CLOSED DUE TO A MISSED APPOINTMENT OR OTHER NONCOMPLIANCE.
   § 47. Section 21-314 of the administrative code of  the  city  of  New
 York,  as  added by local law number 57 for the city of New York for the
 year 1998, and as renumbered by local law number 19 for the city of  New
 York for the year 1999, is amended to read as follows:
   §  21-314  Case  management  services.  [The]  WITHIN FOURTEEN DAYS OF
 ADMISSION, THE commissioner shall provide case  management  services  to
 all  persons  assigned  to  stay  at  the department's facilities or the
 facilities of organizations contracting  with  the  department  who  are
 either  waiting  for  the  department to determine their eligibility for
 shelter or are receiving such shelter.  Such  case  management  services
 shall  include,  but not be limited to, assistance obtaining (a) medical
 treatment, (b) federal, state and local government documents  including,
 but  not  limited to, birth certificates, marriage licenses, and housing
 A. 2719                            19
 
 records, and (c) food, medicine and other necessary supplies; and  shall
 address  issues  such  as  domestic  violence,  child  abuse  and mental
 illness[, when needed] BY TRANSFERRING SUCH PERSONS TO MEDICALLY  RECOM-
 MENDED  TREATMENT.  TO  THIS  END, AN EXAMINING PHYSICIAN WILL PERFORM A
 PSYCHIATRIC EVALUATION AND REVIEW MEDICAL RECORDS OF EACH  SUCH  PERSON,
 AND SHALL REFER SUCH PERSON TO MEDICALLY RECOMMENDED TREATMENT.
   §  48.  Paragraphs  1, 10 and 11 of subdivision b of section 21-332 of
 the administrative code of the city of New York, as added by  local  law
 number  62  of the city of New York for the year 2023, are amended and a
 new paragraph 12 is added to read as follows:
   1. The right to shelter, WHICH SHALL NOT BE CONTINGENT UPON  A  PERSON
 UNDERGOING ADDICTIVE DISORDER SERVICES;
   10. The requirement that a shelter comply with the environmental stan-
 dards  set  forth  in  section 491.18 of title 18 of the New York codes,
 rules and regulations and section 900.18 of such title,  as  applicable;
 [and]
   11. THE RIGHT TO MENTAL HEALTH TREATMENT;
   12. THE RIGHT TO A MOBILE PHONE AND A POST OFFICE BOX OR OTHER MAILING
 ADDRESS; AND
   13. Any other information the department deems appropriate.
   §  49.  Severability. If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 50. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law; provided that:
   (a) the amendments to section 9.48 of the mental hygiene law  made  by
 section  five  of this act shall not affect the expiration and repeal of
 such section and shall expire and be deemed repealed therewith;
   (b) the amendments to subdivision (a) of section 9.47  of  the  mental
 hygiene law made by section fourteen of this act shall be subject to the
 expiration  and  reversion  of  such subdivision when upon such date the
 provisions of section fifteen of this act shall take effect;
   (c) the amendments to section 29.19 of the mental hygiene law made  by
 section  twenty-three of this act shall be subject to the expiration and
 reversion of such section when upon such date the provisions of  section
 twenty-four of this act shall take effect; and
   (d) provided, however, that if local law number 100 of the city of New
 York  for  the  year  2024 shall not have taken effect on or before such
 date then section forty-five of this act shall take effect on  the  same
 date  and in the same manner as such local law of the laws of 2024 takes
 effect.