NYS bolsters 'involuntary commitment' of mentally ill in police stops
Gov. Kathy Hochul said the reforms "will ensure that those who are most vulnerable and in crisis receive timely, lifesaving treatment," Credit: Office of Governor Kathy Hochul / Darren McGee
ALBANY — Police will have greater latitude to send people believed to be mentally ill to psychiatric examinations from the streets and subways, with new protocols sought by the State Legislature to protect the people when and after they are detained, according to a bill passed as part of the state budget.
Gov. Kathy Hochul in January proposed a public safety measure to make it easier for police to send people they believe are mentally ill to psychiatric care without arrest or after committing a crime to get people to more effective care faster. She said subways have become "rolling homeless shelters."
The practice is called involuntary commitment and the provision was passed by the State Senate late Wednesday and by the Assembly on Thursday. The issue is a major policy in the $254.3 billion state budget that passed into law on Thursday.
But Hochul’s original involuntary commitment proposal was changed through closed-door negotiations with Assembly Speaker Carl Heastie (D-Bronx) and Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers). The Democratic legislative leaders had told reporters they worried the measure could give police too much authority as they try to make subways safer.
Sen. Pete Harckham said he hopes the bill in practice will help those in need of mental health care and bolster the system that often failed them, rather than "pandering" to those who want tougher crime laws.
"This is a public health issue, this is not a crime issue," said Harckham (D-South Salem) in the floor debate. "Criminalizing people with mental health issues is just wrong."
The bill expands the ability of police to remand a person believed to need mental health care, but also says that ambulances should be called rather than police transport and that hospitals must provide more help for a person after release. That includes contacting nonprofit agencies devoted to helping the mentally ill and homeless, and "peer groups" of people formally committed for care.
"These reforms will ensure that those who are most vulnerable and in crisis receive timely, lifesaving treatment," Hochul said in a written statement.
But advocates said the state has a shortage of psychiatric beds since many were converted during the COVID-19 pandemic and is short on staff to provide care.
"By involuntarily hospitalizing people struggling to care for themselves, the law will send New Yorkers suffering from the chronic condition of mental illness to facilities intended to help those experiencing acute episodes of mental illness," said Carolyn Reinach Wolf, a lawyer in New Hyde Park who specializes in mental health issues. "This discrepancy will offer little help to New Yorkers in need and yield no new meaningful public safety improvements, all the while adding to the challenges psychiatric departments face in providing acute-level care."
The budget bill also amends Kendra’s Law, a 1999 measure that empowers judges to involuntarily commit people with a history of mental illness who don’t take their medication or discontinue outpatient care.
The bill adds domestic partners to the list of relatives who can petition the court for action.
"We believe that the actions taken to support Kendra’s Law will not move the needle in public safety or mental health reform; the real answer is supporting our workforce and mental health community services," said Glenn Liebman, of the Mental Health Association in New York State. "Unfortunately, the limited funding in the budget for the workforce will not lead to real reform."
ALBANY — Police will have greater latitude to send people believed to be mentally ill to psychiatric examinations from the streets and subways, with new protocols sought by the State Legislature to protect the people when and after they are detained, according to a bill passed as part of the state budget.
Gov. Kathy Hochul in January proposed a public safety measure to make it easier for police to send people they believe are mentally ill to psychiatric care without arrest or after committing a crime to get people to more effective care faster. She said subways have become "rolling homeless shelters."
The practice is called involuntary commitment and the provision was passed by the State Senate late Wednesday and by the Assembly on Thursday. The issue is a major policy in the $254.3 billion state budget that passed into law on Thursday.
But Hochul’s original involuntary commitment proposal was changed through closed-door negotiations with Assembly Speaker Carl Heastie (D-Bronx) and Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers). The Democratic legislative leaders had told reporters they worried the measure could give police too much authority as they try to make subways safer.
Sen. Pete Harckham said he hopes the bill in practice will help those in need of mental health care and bolster the system that often failed them, rather than "pandering" to those who want tougher crime laws.
"This is a public health issue, this is not a crime issue," said Harckham (D-South Salem) in the floor debate. "Criminalizing people with mental health issues is just wrong."
The bill expands the ability of police to remand a person believed to need mental health care, but also says that ambulances should be called rather than police transport and that hospitals must provide more help for a person after release. That includes contacting nonprofit agencies devoted to helping the mentally ill and homeless, and "peer groups" of people formally committed for care.
"These reforms will ensure that those who are most vulnerable and in crisis receive timely, lifesaving treatment," Hochul said in a written statement.
But advocates said the state has a shortage of psychiatric beds since many were converted during the COVID-19 pandemic and is short on staff to provide care.
"By involuntarily hospitalizing people struggling to care for themselves, the law will send New Yorkers suffering from the chronic condition of mental illness to facilities intended to help those experiencing acute episodes of mental illness," said Carolyn Reinach Wolf, a lawyer in New Hyde Park who specializes in mental health issues. "This discrepancy will offer little help to New Yorkers in need and yield no new meaningful public safety improvements, all the while adding to the challenges psychiatric departments face in providing acute-level care."
The budget bill also amends Kendra’s Law, a 1999 measure that empowers judges to involuntarily commit people with a history of mental illness who don’t take their medication or discontinue outpatient care.
The bill adds domestic partners to the list of relatives who can petition the court for action.
"We believe that the actions taken to support Kendra’s Law will not move the needle in public safety or mental health reform; the real answer is supporting our workforce and mental health community services," said Glenn Liebman, of the Mental Health Association in New York State. "Unfortunately, the limited funding in the budget for the workforce will not lead to real reform."
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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