STATE OF NEW YORK ________________________________________________________________________ 2719 2025-2026 Regular Sessions IN ASSEMBLY 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: 1 Section 1. This act shall be known and may be cited as the "empire 2 state of mind act". 3 § 2. Subdivisions 3 and 20 of section 1.03 of the mental hygiene law, 4 subdivision 3 as amended by chapter 281 of the laws of 2019, subdivision 5 20 as added by chapter 978 of the laws of 1977, are amended to read as 6 follows: 7 3. "Mental disability" means mental illness, intellectual disability, 8 or developmental disability[, or an addictive disorder as defined in 9 this section]. 10 20. "Mental illness" means an affliction with a mental disease or 11 mental condition which is manifested by a disorder or disturbance in 12 behavior, feeling, thinking, or judgment to such an extent that the 13 person afflicted requires care, treatment and rehabilitation; or an 14 addictive disorder as defined in this section. 15 § 3. Section 9.01 of the mental hygiene law, as amended by chapter 723 16 of the laws of 1989, the seventh undesignated paragraph as amended by 17 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 1 § 9.01 Definitions. 2 As used in this article: 3 (a) "in need of care and treatment" means that a person has a mental 4 illness for which in-patient care and treatment in a hospital or other 5 facility, or receipt of services pursuant to this chapter or the social 6 services law, is appropriate. 7 (b) "in need of involuntary care and treatment" means that a person 8 has a mental illness for which care and treatment as a patient in a 9 hospital is essential to [such person's welfare] prevent such person 10 from engaging in behavior likely to result in serious harm, and whose 11 judgment is so impaired that [he] such person is unable to understand 12 the need for such care and treatment. 13 (c) "likelihood to result in serious harm" or "likely to result in 14 serious harm" means [(a)] 1. a substantial risk of physical harm to the 15 person as manifested by threats of or attempts at suicide or serious 16 bodily harm or other conduct demonstrating that the person is dangerous 17 to [himself or herself] themself, or [(b)] 2. a substantial risk of 18 physical harm to other persons as manifested by [homicidal or other 19 violent behavior by which others are placed in reasonable fear of seri- 20 ous physical harm] threats of, attempts at, or perpetration of violence, 21 or possessing a weapon or an object that can be utilized as a weapon and 22 using such weapon or object in a manner consistent with a use that would 23 produce imminent physical harm to themselves or others; for the purposes 24 of this section, noncompliance with instructions from any police offi- 25 cer, peace officer, or person engaged in homelessness intervention or 26 behavioral health services in the absence of other threatening behavior 27 shall not constitute reasonable fear of serious physical harm; nor shall 28 the fashioning of any body part, or handling of any object that is not a 29 firearm or component thereof in such a manner consistent with operating 30 a firearm, constitute reasonable fear of serious physical harm. 31 (d) "need for retention" means that a person who has been admitted to 32 a hospital pursuant to this article is in need of involuntary care and 33 treatment in a hospital for a further period. 34 (e) "record" of a patient shall consist of admission, transfer or 35 retention papers and orders, and accompanying data required by this 36 article and by the regulations of the commissioner. 37 (f) "director of community services" means the director of community 38 services for the mentally disabled appointed pursuant to article forty- 39 one of this chapter. 40 (g) "qualified psychiatrist" means a physician licensed to practice 41 medicine in New York state who: [(a)] 1. is a diplomate of the American 42 board of psychiatry and neurology or is eligible to be certified by that 43 board; or [(b)] 2. is certified by the American osteopathic board of 44 neurology and psychiatry or is eligible to be certified by that board. 45 (h) "patient advocate" means an individual or organization with exper- 46 tise in behavioral health and homelessness intervention services that 47 provides assistance and representation to a patient receiving health- 48 care, in support of such person's welfare. 49 (i) "Empath unit" means a facility that provides emergency treatment 50 to patients with mental illness without unnecessary long-term admission. 51 § 4. Section 7.17 of the mental hygiene law is amended by adding a new 52 subdivision (h) to read as follows: 53 (h) The commissioner shall establish at least one empath unit, as such 54 term is defined in section 9.01 of this title, in each county in the 55 state.
A. 2719 3 1 § 5. Paragraph 2 of subdivision (a) of section 9.48 of the mental 2 hygiene law, as added by chapter 408 of the laws of 1999, is amended to 3 read as follows: 4 (2) The directors of assisted outpatient treatment programs shall 5 ensure the timely delivery of services described in paragraph one of 6 subdivision (a) of section 9.60 of this article pursuant to any court 7 order issued under such section. Directors of assisted outpatient treat- 8 ment programs shall immediately commence corrective action upon receiv- 9 ing notice from program coordinators, that services are not being 10 provided in a timely manner. Such directors shall inform the program 11 coordinator of such corrective action. Assertive community treatment 12 team services which have been court ordered or otherwise directed under 13 this article shall be provided within thirty days of such order or 14 determination of eligibility. 15 § 6. Paragraph 2 of subdivision (b) of section 9.27 of the mental 16 hygiene law, as amended by chapter 343 of the laws of 1985, is amended 17 and a new paragraph 12 is added to read as follows: 18 2. the [father or mother, husband or wife, brother or sister,] parent 19 or legal guardian, spouse, sibling or the child of any such person or 20 the nearest available relative. 21 12. a behavioral health services expert acting as an agent of the city 22 or county in which any such person may be. 23 § 7. Section 9.27 of the mental hygiene law is amended by adding a new 24 subdivision (j) to read as follows: 25 (j) A patient subject to an involuntary admission under this article 26 shall be entitled to be placed in a room with a window and access to a 27 restroom, and shall not be physically restrained unless such patient is 28 determined to be dangerous. 29 § 8. Subdivisions (a) and (d) of section 9.33 of the mental hygiene 30 law, as amended by chapter 789 of the laws of 1985, are amended to read 31 as follows: 32 (a) If the director shall determine that a patient admitted upon an 33 application supported by medical certification, for whom there is no 34 court order authorizing retention for a specified period, is in need of 35 retention or transfer to the jurisdiction of the department for 36 retention in a hospital operated by the state or to a private facility 37 having an appropriate operating certificate, and if such patient does 38 not agree to remain in such hospital as a voluntary patient or agree to 39 such transfer, the director shall apply to the supreme court or the 40 county court in the county where the hospital is located for an order 41 authorizing continued retention. Such application shall be made no later 42 than sixty days from the date of involuntary admission on application 43 supported by medical certification or thirty days from the date of an 44 order denying an application for patient's release pursuant to section 45 9.31, whichever is later; and the hospital is authorized to retain the 46 patient or transfer such patient to the jurisdiction of the department 47 for retention in a hospital operated by the state or a private facility 48 having an appropriate operating certificate for such further period 49 during which the hospital is authorized to make such application or 50 during which the application may be pending. The director shall cause 51 written notice of such application to be given the patient and a copy 52 thereof shall be given personally or by mail to the persons required by 53 this article to be served with notice of such patient's initial admis- 54 sion and to the mental hygiene legal service. Such notice shall state 55 that a hearing may be requested and that failure to make such a request 56 within five days, excluding Sunday and holidays, from the date that the
A. 2719 4 1 notice was given to the patient will permit the entry without a hearing 2 of an order authorizing retention or transfer. 3 (d) If the director of a hospital, in which a patient is retained 4 pursuant to the foregoing subdivisions of this section, shall determine 5 that the condition of such patient requires [his] further retention in a 6 hospital or transfer to a private facility having an appropriate operat- 7 ing certificate, [he] the director shall, if such patient does not agree 8 to remain in such hospital as a voluntary patient or does not agree to a 9 transfer, apply during the period of retention authorized by the last 10 order of the court to the supreme court or the county court in the coun- 11 ty where the hospital is located for an order authorizing further 12 continued retention or the transfer of such patient. The procedures for 13 obtaining any order pursuant to this subdivision shall be in accordance 14 with the provisions of the foregoing subdivisions of this section; 15 provided that the patient or anyone on [his] their behalf or the mental 16 hygiene legal service may request that the patient be brought personally 17 before the court, in which case the court shall not grant an order for 18 periods of one year or longer unless such patient shall have appeared 19 personally before the court. The period for continued retention pursuant 20 to the first order obtained under this subdivision shall authorize 21 further continued retention of the patient for not more than one year 22 from the date of the order. The period for the further continued 23 retention of the patient authorized by any subsequent order under this 24 subdivision shall be for periods not to exceed two years each from the 25 date of the order. 26 § 9. Section 9.03 of the mental hygiene law, as amended by chapter 351 27 of the laws of 2021, is amended to read as follows: 28 § 9.03 Admission to a hospital. 29 (a) Unless otherwise specifically provided for by statute, a person 30 with a mental illness shall be admitted to a hospital as an in-patient 31 only pursuant to the provisions of this article, except that chemically 32 dependent patients may be admitted to chemical dependence facilities 33 operated by such hospitals under contract or agreement with the office 34 of [alcoholism and substance abuse] addiction services and supports in 35 accordance with the provisions of article twenty-two of this chapter. 36 The section of the mental hygiene law under which a patient is admitted 37 or under which any change of legal status is subsequently effected shall 38 be stated in the patient's record. 39 (b) A patient admitted pursuant to this article shall be assigned a 40 patient advocate within twenty-four hours of such admission. Such 41 patient advocate may be an employee of the city or county in which the 42 hospital or facility is located, or an employee of a homeless inter- 43 vention services organization, or a family member of the patient. 44 § 10. Section 33.27 of the mental hygiene law is amended by adding a 45 new subdivision (d) to read as follows: 46 (d) Within twenty-four hours of admission to any facility operated or 47 licensed by the office of mental health a patient shall be informed of 48 their right to file a complaint with the ombudsman. 49 § 11. Section 33.27 of the mental hygiene law is amended by adding a 50 new subdivision (e) to read as follows: 51 (e) The office of the independent substance use disorder and mental 52 health ombudsman shall annually publish a report on involuntary admis- 53 sions that shall include the demographics of people admitted, the number 54 of complaints to the office, the due process for people admitted, the 55 nature of services provided after discharges, and the mental health and 56 housing stability outcomes of involuntary admissions.
A. 2719 5 1 § 12. The mental hygiene law is amended by adding a new section 22.13 2 to read as follows: 3 § 22.13 Medically recommended treatment. 4 Any addictive disorder services pursuant to this article shall include 5 medically recommended treatment by a person licensed to practice medi- 6 cine as set forth in article one hundred thirty-one of the education 7 law. 8 § 13. Section 29.07 of the mental hygiene law, subdivision (b) as 9 amended by chapter 37 of the laws of 2011, is amended to read as 10 follows: 11 § 29.07 Commissioner's powers over admissions to department facilities. 12 (a) [The commissioner may by order defer admissions to] If the commis- 13 sioner shall determine that overcrowding exists in any facility in the 14 department when the total number of patients therein exceeds its capaci- 15 ty to an extent which will not permit adequate care and treatment to be 16 provided patients, such commissioner shall authorize admission to anoth- 17 er facility with an appropriate operating certificate. The commissioner 18 may not defer admissions unless there is a state declaration of disaster 19 emergency pursuant to article two-B of the executive law. 20 (b) If the commissioner shall determine that overcrowding exists in 21 the department schools, [he] the commissioner may, within the amounts 22 appropriated therefor, authorize admission for care and treatment of any 23 person with a developmental disability to a designated facility approved 24 for such purposes by the commissioner. The patient and any liable rela- 25 tives shall be liable for payment of fees in accordance with article 26 forty-three of this chapter. 27 § 14. Subdivision (a) of section 9.47 of the mental hygiene law, as 28 amended by section 15 of chapter 351 of the laws of 2021, is amended to 29 read as follows: 30 (a) All directors of community services, health officers, and social 31 services officials, as defined by the social services law, are charged 32 with the duty of seeing that all persons with a mental illness within 33 their respective communities who are in need of or request medically 34 recommended care and treatment [at a hospital] are admitted to a hospi- 35 tal or other facility, or receive other services pursuant to the 36 provisions of this article or the social services law. Social services 37 officials and health officers shall notify the director of community 38 services of any such person coming to their attention. Pending the 39 determination of the condition of an alleged person with a mental 40 illness, it shall be the duty of the director of community services and, 41 if there be no such director, of the local health officer to provide for 42 the proper care of such person [in a suitable facility]. 43 § 15. The opening paragraph of section 9.47 of the mental hygiene law, 44 as amended by section 16 of chapter 351 of the laws of 2021, is amended 45 to read as follows: 46 All directors of community services, health officers, and social 47 services officials, as defined by the social services law, are charged 48 with the duty of seeing that all persons with a mental illness within 49 their respective communities who are in need of or request medically 50 recommended care and treatment [at a hospital] are admitted to a hospi- 51 tal or other facility, or receive other services pursuant to the 52 provisions of this article or the social services law. Social services 53 officials and health officers shall notify the director of community 54 services of any such person coming to their attention. Pending the 55 determination of the condition of an alleged person with a mental 56 illness, it shall be the duty of the director of community services and,
A. 2719 6 1 if there be no such director, of the local health officer to provide for 2 the proper care of such person [in a suitable facility]. 3 § 16. Subdivision (d) of section 9.37 of the mental hygiene law, as 4 amended by chapter 357 of the laws of 1991 and as relettered by chapter 5 343 of the laws of 1996, is amended to read as follows: 6 (d) After signing the application, the director of community services 7 or the director's designee shall be authorized and empowered to take 8 into custody, detain, transport, and provide temporary care for any such 9 person. Upon the written request of such director or the director's 10 designee it shall be the duty of a person or persons with expertise in 11 behavioral health and homeless intervention services to take into custo- 12 dy and transport any such person as requested and directed by such 13 director or designee. Such person or persons may request and shall 14 receive the accompaniment of peace officers, when acting pursuant to 15 their special duties, or police officers who are members of the state 16 police or of an authorized police department or force or of a sheriff's 17 department [to take into custody and transport any such person as 18 requested and directed by such director or designee]. No officer shall 19 use coercive force to take a person into custody or pursue any such 20 person who flees unless directed by a person with expertise in behav- 21 ioral health, or homeless intervention services and, if so directed, 22 must refrain from any further coercion or pursuit at such direction; 23 provided, however, that this shall not apply to detaining a person 24 engaging in behavior likely to result in serious harm. Upon the written 25 request of such director or designee, an ambulance service, as defined 26 in subdivision two of section three thousand one of the public health 27 law, is authorized to transport any such person. 28 § 17. Intentionally omitted. 29 § 18. The mental hygiene law is amended by adding a new section 7.10 30 to read as follows: 31 § 7.10 Regulation and quality control of services for individuals with 32 severe mental illness. 33 This article sets forth provisions enabling the commissioner to regu- 34 late and assure the consistent high quality of treatment and services 35 provided within the state to its citizens with severe mental illness. 36 The commissioner shall evaluate mental health and behavioral health 37 outcomes, as well as issuance of treatment plans pursuant to section 38 29.13 of this chapter. The commissioner may adopt and promulgate any 39 regulation reasonably necessary to implement and effectively exercise 40 the powers and perform the duties conferred by this article. This arti- 41 cle shall govern the operation of programs, provision of services and 42 the facilities hereinafter described and the commissioner's powers and 43 authority with respect thereto. 44 § 19. Subdivision (n) of section 19.07 of the mental hygiene law, as 45 added by chapter 762 of the laws of 2022, is relettered subdivision (o) 46 and a new subdivision (p) is added to read as follows: 47 (p) The office shall not adopt any regulations on the dispensing of 48 opioid agonists, including but not limited to methadone, which would 49 result in additional limitations to access, continuing treatment, 50 dosing, and dispensing for home use, beyond those enumerated in federal 51 law and any waivers issued by the federal government. 52 § 20. Section 29.13 of the mental hygiene law is amended by adding two 53 new subdivisions (c) and (d) to read as follows: 54 (c) The director of each facility, in conjunction with a patient advo- 55 cate, shall conduct follow up investigation to ensure compliance with 56 patient treatment plans.
A. 2719 7 1 (d) The commissioner may suspend, revoke, or limit the operating 2 certificate of any facility found not to be providing medically recom- 3 mended treatment plans pursuant to this section. 4 § 21. Subdivision (k) of section 29.15 of the mental hygiene law, as 5 amended by chapter 433 of the laws of 1976, is amended to read as 6 follows: 7 (k) 1. No patient shall be discharged or conditionally released until 8 such patient and the patient advocate approve the written treatment plan 9 developed under section 29.13 of this article. No patient shall be 10 required, as a condition precedent to [his] discharge, to agree to the 11 terms of a written [service] treatment plan. If after the advisability 12 of following the program proposed in the written [service] treatment 13 plan has been explained to the patient who has been discharged or who is 14 to be discharged, such patient expresses [his] their objection to such 15 program or any part thereof, a notation of such objection shall be made 16 in the patient's records. 17 2. A patient with a mental illness diagnosis may request and shall be 18 entitled to receive inpatient or outpatient treatment recommended for 19 such condition, irrespective of the ability of such person to pay. For 20 the purposes of such treatment, a patient may be relocated to another 21 facility having an appropriate operating certificate. In the absence of 22 documentation of a mental illness diagnosis, attestation by the patient 23 shall serve as presumptive evidence of such condition. 24 3. Upon discharge or conditional release, a patient shall be entitled 25 to costs of transportation either to their place of usual residence, or 26 another requested destination, if a social services official, in consul- 27 tation with a patient advocate, determines that such person will have 28 adequate support for their welfare. 29 § 22. Intentionally omitted. 30 § 23. Section 29.19 of the mental hygiene law, as amended by chapter 31 408 of the laws of 1999, is amended to read as follows: 32 § 29.19 Powers and duties [of peace officers acting pursuant to their 33 special duties and police officers] to apprehend, restrain, 34 and transport persons to facilities. 35 A person who has been committed or admitted to a department facility 36 or a hospital licensed or operated by the office of mental health and 37 who has been reported as escaped therefrom or from lawful custody, or 38 who resists or evades lawful custody; and any patient for whom the 39 director of a hospital operated by the office of mental health, or the 40 director's designee, has terminated a conditional release and ordered 41 such patient to return to such facility; and any patient for whom a 42 director of an assisted outpatient treatment program, as defined in 43 subdivision (a) of section 9.60 of this chapter, or the director's 44 designee, or anyone designated pursuant to section 9.37 of this chapter, 45 has directed the removal to a hospital pursuant to subdivision (n) of 46 section 9.60 of this chapter, may be apprehended, restrained, trans- 47 ported to, and returned to such school or hospital by any person or 48 persons with expertise in behavioral health and homeless intervention 49 services, who may request the assistance of a peace officer, acting 50 pursuant to [his] their special duties, or any police officer who is a 51 member of an authorized police department or force or of a sheriff's 52 department, and it shall be the duty of any such officer to assist any 53 representative of a department or licensed facility, or an assisted 54 outpatient treatment program, to take into custody any such person or 55 patient upon the request of such representative, director or designee. 56 No officer shall use coercive force to take a person into custody or
A. 2719 8 1 pursue any such person who flees unless directed by a person with exper- 2 tise in behavioral health, or homeless intervention services, and if so 3 directed must refrain from any further coercion or pursuit at such 4 direction; provided, however, that this shall not apply to detaining a 5 person engaging in behavior likely to result in serious harm. 6 § 24. Section 29.19 of the mental hygiene law, as amended by chapter 7 843 of the laws of 1980, is amended to read as follows: 8 § 29.19 Powers and duties of peace officers acting pursuant to their 9 special duties and police officers to apprehend, restrain, and 10 transport persons to facilities. 11 A person who has been committed or admitted to a department facility 12 and who has been reported as escaped therefrom or from lawful custody, 13 or who resists or evades lawful custody, may be apprehended, restrained, 14 transported to, and returned to such school or hospital by any person or 15 persons with expertise in behavioral health and homeless intervention 16 services, who may request the assistance of a peace officer, acting 17 pursuant to [his] their special duties, or any police officer, and it 18 shall be the duty of any such officer to assist any representative of a 19 department facility to take into custody any such person upon the 20 request of such representative. No officer shall use coercive force to 21 take a person into custody or pursue any such person who flees unless 22 directed by a person with expertise in behavioral health, or homeless 23 intervention services, and if so directed must refrain from any further 24 coercion or pursuit at such direction; provided, however, that this 25 shall not apply to detaining a person engaging in behavior likely to 26 result in serious harm. 27 § 25. Subdivisions (c) and (e) of section 29.27 of the mental hygiene 28 law, as amended by chapter 322 of the laws of 2021, are amended to read 29 as follows: 30 (c) An incarcerated individual-patient may be retained for care and 31 treatment in the facility designated by the commissioner for the period 32 stated in the order committing the incarcerated individual-patient to 33 the custody of the department unless sooner transferred or discharged in 34 accordance with law. If the incarcerated individual-patient requires 35 inpatient care and treatment for mental illness beyond such authorized 36 period such person may request and shall receive medically recommended 37 services, irrespective of ability to pay. If such person does not volun- 38 tarily accept treatment, the director of the facility where [he or she 39 is] they are kept in custody shall apply for an order of retention or 40 subsequent orders of retention in accordance with the procedures set 41 forth in article nine of this chapter for the retention of patients. The 42 provisions of this chapter applying to the rights of patients with 43 respect to notices, hearings, judicial review, writ of habeas corpus, 44 and the services of the mental hygiene legal service shall apply to 45 incarcerated individual-patients except that in no case shall an incar- 46 cerated individual-patient be discharged or released from custody prior 47 to the time that such incarcerated individual-patient has completed [his 48 or her] their term of imprisonment or that [his or her] their release 49 from custodial confinement in the correctional facility or jail from 50 which [he or she] such individual was delivered to the department has 51 been duly authorized. 52 (e) When the director of the facility in which the incarcerated indi- 53 vidual-patient is in custody finds that the incarcerated individual-pa- 54 tient is no longer mentally ill or no longer requires hospitalization 55 for care and treatment, [he or she] they shall so notify the incarcerat- 56 ed individual-patient and commissioner of corrections and community
A. 2719 9 1 supervision or, in the case of an incarcerated individual-patient coming 2 from a jail or correctional institution operated by local government, 3 the officer in charge of the jail or correctional institution from which 4 the incarcerated individual-patient was committed. The commissioner of 5 corrections and community supervision or such officer, as the case may 6 be, shall immediately arrange to take such incarcerated individual-pa- 7 tient into custody and return [him or her] them to a correctional facil- 8 ity or to the jail or correctional institution operated by local govern- 9 ment. Upon return to the correctional institution, such incarcerated 10 individual shall be eligible for review for merit termination of 11 sentence and discharge from presumptive release, parole, conditional 12 release and release to post-release supervision pursuant to section 13 two hundred five of the correction law. 14 § 26. Subdivision 1 of section 43 of the social services law, as 15 amended by chapter 458 of the laws of 1986, is amended and a new subdi- 16 vision 12 is added to read as follows: 17 1. [Within the limits of funds available in the homeless housing and 18 assistance fund, the] The commissioner is hereby authorized to enter 19 into contracts with municipalities to provide state financial assistance 20 for the project costs attributable to the establishment of homeless 21 housing projects. The municipalities that enter into contracts with the 22 commissioner shall undertake the establishment of the homeless housing 23 project or shall contract with a not-for-profit corporation or charita- 24 ble organization to undertake the project, pursuant to this article. 25 12. No later than five years after the effective date of this subdivi- 26 sion, no municipality, not-for-profit corporation or subsidiary thereof, 27 public corporation or charitable organization or subsidiary thereof 28 shall operate, enter into or renew a contract for any homeless housing 29 project intended for occupancy more than thirty days other than a shel- 30 ter composed of single room occupancy units. 31 § 27. Subdivision 5 of section 45 of the social services law, as 32 amended by chapter 349 of the laws of 1994, is amended to read as 33 follows: 34 5. "Single room occupancy unit" shall mean a private room providing 35 living and sleeping space for no more than two persons or one family 36 with access to bathing and toilet facilities, within a building or 37 portion thereof which is operated by an eligible applicant[; provided, 38 however, that in no event shall such unit be located in: 39 (a) hotels, motels or other dwellings occupied transiently; 40 (b) shelters for families or adults, as defined by the commissioner; 41 (c) residential facilities or institutions which are required to be 42 licensed by any state agency; 43 (d) college or school dormitories; 44 (e) clubhouses; 45 (f) housing intended for use primarily or exclusively by the employees 46 of a single company or institution; or 47 (g) convents or monasteries]. 48 The unit itself may contain a kitchen and/or a bathroom. 49 § 28. Subdivision 4 of section 81 of the social services law, as 50 amended by chapter 863 of the laws of 1977, is amended to read as 51 follows: 52 4. Such annual reports shall include an itemized statement of all 53 money received by the social services official and all money expended 54 [by him], and a detailed statement in regard to the recipients of public 55 assistance and care, and outcomes of homeless persons served that shall 56 include but is not limited to housing stability, behavioral health
A. 2719 10 1 outcomes, and employment. Town and city social services officers shall 2 furnish the county commissioner with all data, relating to their work 3 and persons in receipt of public assistance and care, necessary to 4 enable the county commissioner to make the reports required by the 5 department. 6 § 29. Section 71-a of the correction law, as amended by chapter 322 of 7 the laws of 2021, is amended to read as follows: 8 § 71-a. Transitional accountability plan. Upon admission of an incar- 9 cerated individual committed to the custody of the department under an 10 indeterminate or determinate sentence of imprisonment, the department 11 shall develop a transitional accountability plan. Such plan shall be a 12 comprehensive, dynamic and individualized case management plan based on 13 the programming and treatment needs of the incarcerated individual. The 14 purpose of such plan shall be to promote the rehabilitation of the 15 incarcerated individual and their successful and productive reentry and 16 reintegration into society upon release. To that end, such plan shall be 17 used to prioritize programming and treatment services for the incarcer- 18 ated individual during incarceration and any period of community super- 19 vision. The commissioner [may] shall consult with the office of mental 20 health, the office of [alcoholism and substance abuse] addiction 21 services and supports, the board of parole, the department of health, 22 and other appropriate agencies in the development of transitional case 23 management plans. 24 § 30. Paragraph (c) of subdivision 6 of section 72-a of the correction 25 law is REPEALED. 26 § 31. Section 5 of chapter 554 of the laws of 1986, amending the 27 correction law and the penal law relating to providing for community 28 treatment facilities and establishing the crime of absconding from the 29 community treatment facility, as amended by section 22 of part A of 30 chapter 55 of the laws of 2023, is amended to read as follows: 31 § 5. This act shall take effect immediately and shall remain in full 32 force and effect until September 1, [2025] 2027, and provided further 33 that the commissioner of correctional services shall report each January 34 first and July first during such time as this legislation is in effect, 35 to the [chairmen] chair of the senate crime victims, crime and 36 correction committee, the senate codes committee, the assembly 37 correction committee, and the assembly codes committee, the number of 38 individuals who are released to community treatment facilities during 39 the previous six-month period, including the total number for each date 40 at each facility who are not residing within the facility, but who are 41 required to report to the facility on a daily or less frequent basis. 42 § 32. Subdivisions 5 and 15 of section 201 of the correction law, 43 subdivision 5 as amended by chapter 484 of the laws of 2022, subdivision 44 15 as added by section 32 of subpart A of part C of chapter 62 of the 45 laws of 2011, are amended to read as follows: 46 5. The department shall assist incarcerated individuals eligible for 47 community supervision and individuals who are on community supervision 48 to secure employment, educational or vocational training, [and] housing 49 and treatment pursuant to the mental hygiene law. Any program the 50 department requires a person on community supervision to take as a 51 condition of such supervision shall not unreasonably interfere with such 52 person's employment, educational or vocational training schedule unless 53 such program is a residential treatment program. 54 15. The commissioner shall provide an annual report to the temporary 55 president of the senate, the speaker of the assembly, the minority lead- 56 er of the senate and minority leader of the assembly, commencing January
A. 2719 11 1 first, two thousand twelve. Such report shall include but not be limited 2 to the number of persons: released to community supervision and the 3 release type; supervised on community supervision during the preceding 4 year; whose community supervision was revoked; returned to incarceration 5 for conviction of a new felony committed while on community supervision; 6 transferred out of state pursuant to the Interstate Compact for Adult 7 Supervision. In addition, the commissioner shall provide information on 8 behavioral health and housing outcomes, and other available information 9 regarding community supervision to the temporary president of the 10 senate, the speaker of the assembly, the minority leader of the senate 11 and minority leader of the assembly upon request. 12 § 33. Section 205 of the correction law is amended by adding a new 13 subdivision 1-a to read as follows: 14 1-a. A merit termination may be granted if it is determined by the 15 department that such person cannot be reasonably expected to reoffend if 16 provided services pursuant to the social services law or the mental 17 hygiene law, and such person is not on presumptive release, parole, 18 conditional release or release to post-release supervision from a term 19 of imprisonment imposed for any of the following offenses, or for an 20 attempt to commit any of the following offenses: 21 (a) murder in the first degree; 22 (b) unlawful imprisonment in the first degree, kidnapping in the first 23 degree, or kidnapping in the second degree, in which the victim is less 24 than seventeen years old and the offender is not the parent of the 25 victim; 26 (c) an offense defined in article two hundred thirty of the penal law 27 involving the prostitution of a person less than nineteen years old; or 28 (d) an offense defined in article two hundred sixty-three of the penal 29 law. 30 § 34. Paragraph (c) of subdivision 1 of section 273 of the correction 31 law, as added by section 1 of part SS of chapter 56 of the laws of 2009, 32 is amended to read as follows: 33 (c) having verified community ties in one of the following areas: 34 employment, permanent residence or receipt of homeless intervention 35 services and family. 36 § 35. Subdivision 6 of section 400 of the correction law, as added by 37 chapter 766 of the laws of 1976, is amended to read as follows: 38 (6) "Mental illness" means an affliction with a mental disease or 39 mental condition which is manifested by a disorder or disturbance in 40 behavior, feeling, thinking, or judgment to such an extent that the 41 person afflicted requires care and treatment; or an addictive disorder 42 as defined in the mental hygiene law. 43 § 36. Section 401 of the correction law is amended by adding a new 44 subdivision 1-a to read as follows: 45 1-a. A mental health clinician, or the highest ranking facility secu- 46 rity supervisor in consultation with a mental health clinician who has 47 interviewed the incarcerated individual, may determine that such incar- 48 cerated individual can receive therapeutic programming and/or mental 49 health treatment in an outpatient facility with an appropriate operating 50 certificate while living out-of-cell if such incarcerated person is 51 reasonably safe to be at-large. Such determination shall be documented 52 in writing. 53 § 37. Subdivision 6 of section 401 of the correction law, as separate- 54 ly amended by section 9 of part NNN of chapter 59 and chapter 322 of the 55 laws of 2021, is amended to read as follows:
A. 2719 12 1 6. The department shall ensure that the curriculum for new correction 2 officers, and other new department staff who will regularly work in 3 programs providing mental health treatment for incarcerated individuals, 4 shall include at least eight hours of training about the types and symp- 5 toms of mental illnesses, the goals of mental health treatment, the 6 prevention of suicide and training in how to effectively and safely 7 manage incarcerated individuals with mental illness. Such training may 8 be provided by the office of mental health or the justice center for the 9 protection of people with special needs. All department staff who are 10 transferring into a residential mental health treatment unit shall 11 receive a minimum of eight additional hours of such training, and eight 12 hours of annual training as long as they work in such a unit. All secu- 13 rity, program services, mental health and medical staff with direct 14 incarcerated individual contact shall receive training each year regard- 15 ing identification of, and care for, incarcerated individuals with 16 mental illnesses. The department shall provide additional training on 17 these topics on an ongoing basis as it deems appropriate. All staff 18 working in a residential mental health treatment unit shall also receive 19 the training mandated in paragraph (n) of subdivision six of section one 20 hundred thirty-seven of this chapter. All department staff shall have 21 the obligation to report signs of mental illness to a supervisor. 22 § 38. Subdivisions 1, 2, 3, 9 and 10 of section 402 of the correction 23 law, as amended by chapter 351, subdivisions 1, 2, 3 and 9 as separately 24 amended by chapter 322 of the laws of 2021, are amended and a new subdi- 25 vision 12-a is added to read as follows: 26 1. [Whenever the] The physician of any correctional facility, any 27 county penitentiary, county jail or workhouse, any reformatory for 28 women, or of any other correctional institution, shall [report in writ- 29 ing to the superintendent that] conduct a personal examination and 30 review medical records of any person undergoing a sentence of imprison- 31 ment or adjudicated to be a youthful offender or juvenile delinquent 32 confined therein within five days of such person's incarceration, and 33 every twelve months thereafter. If the physician determines that the 34 incarcerated person has, in [his or her] such physician's opinion, a 35 mental illness, [such superintendent shall apply to a judge of the coun- 36 ty court or justice of the supreme court in the county to cause an exam- 37 ination to be made of such person by two examining physicians. Such 38 physicians shall be designated by the judge to whom the application is 39 made.] such physician shall cause an examination to be made of such 40 person by a second examining physician within twenty-four hours. Each 41 such physician, if satisfied, after a personal examination, that such 42 incarcerated individual has a mental illness and in need of care and 43 treatment, shall make a certificate to such effect. [Before making such 44 certificate, however, he or she shall consider alternative forms of care 45 and treatment available during confinement in such correctional facili- 46 ty, penitentiary, jail, reformatory or correctional institution that 47 might be adequate to provide for such incarcerated individual's needs 48 without requiring hospitalization.] If the examining physician knows 49 that the person [he or she is] they are examining has been under prior 50 treatment, [he or she] such physician shall, insofar as possible, 51 consult with the physician or psychologist furnishing such prior treat- 52 ment prior to making [his or her] such certificate. 53 2. In the city of New York, [if] within five days of an individual's 54 incarceration and every twelve months thereafter, the physician of a 55 workhouse, city prison, jail, penitentiary or reformatory [reports in 56 writing to the superintendent of such institution that a prisoner
A. 2719 13 1 confined therein, serving a sentence of imprisonment, in his or her 2 opinion] shall conduct a personal examination and review medical records 3 of such incarcerated individual. If, in the opinion of such physician, 4 the incarcerated individual has a mental illness, or if medical records 5 for such incarcerated individual document diagnosis of an ongoing seri- 6 ous mental illness, the superintendent of said institution shall either 7 transfer said [prisoner] incarcerated individual to Bellevue or Kings 8 county hospital for observation as to [his or her] such individual's 9 mental condition by two examining physicians or shall secure two examin- 10 ing physicians to make such examination and review medical records in 11 [his] the institution. Each such physician, if satisfied after a 12 personal examination [and], observation, and review of medical records 13 that the [prisoner] individual has a mental illness [and] in need of 14 care and treatment, shall make a certificate to such effect. [Before 15 making such certificate, however, he or she shall consider alternative 16 forms of care and treatment available during confinement in such correc- 17 tional facility, penitentiary, jail, reformatory or correctional insti- 18 tution that might be adequate to provide for such incarcerated individ- 19 ual's needs without requiring hospitalization.] If the examining 20 physician knows that the person [he or she is] they are examining has 21 been under prior treatment, [he or she] they shall, insofar as possible, 22 consult with the physician or psychologist furnishing such prior treat- 23 ment prior to making [his or her] such certificate. 24 3. Upon such certificates of the examining physicians being so made, 25 it shall be delivered to the superintendent who, if the incarcerated 26 individual does not agree to voluntary admission, shall thereupon apply 27 by petition forthwith to a judge of the county court or justice of the 28 supreme court in the county, annexing such certificate to [his or her] 29 their petition, for an order committing such incarcerated individual to 30 a hospital for persons with a mental illness or outpatient facility with 31 an appropriate operating certificate. Upon every such application for 32 such an order of commitment, notice thereof in writing, of at least five 33 days, together with a copy of the petition, shall be served personally 34 upon the alleged person with a mental illness, and in addition thereto 35 such notice and a copy of the petition shall be served upon either the 36 [wife, the husband, the father or mother] spouse, parent or other near- 37 est relative of such alleged person with a mental illness, if there be 38 any such known relative within the state; and if not, such notice shall 39 be served upon any known friend of such alleged person with a mental 40 illness within the state. If there be no such known relative or friend 41 within the state, the giving of such notice shall be dispensed with, but 42 in such case the petition for the commitment shall recite the reasons 43 why service of such notice on a relative or friend of the alleged person 44 with a mental illness was dispensed with and, in such case, the order 45 for commitment shall recite why service of such a notice on a relative 46 or friend of the alleged person with a mental illness was dispensed 47 with. Copies of the notice, the petition and the certificates of the 48 examining physicians shall also be given the mental hygiene legal 49 service. The mental hygiene legal service shall inform the incarcerated 50 individual and, in proper cases, others interested in the incarcerated 51 individual's welfare, of the procedures for placement in a hospital or 52 outpatient facility having an appropriate operating certificate and of 53 the incarcerated individual's right to have a hearing, to have judicial 54 review with a right to a jury trial, to be represented by counsel and to 55 seek an independent medical opinion. The mental hygiene legal service
A. 2719 14 1 shall have personal access to such incarcerated individual for such 2 purposes. 3 9. Except as provided in subdivision two of this section pertaining to 4 [prisoners] incarcerated individuals confined in the city of New York, 5 an incarcerated individual of a correctional facility or a county jail 6 may be admitted on an emergency basis to the Central New York Psychiat- 7 ric Center upon the certification by two examining physicians, including 8 physicians employed by the office of mental health and associated with 9 the correctional facility in which such incarcerated individual is 10 confined, that the incarcerated individual suffers from a mental illness 11 which is likely to result in serious harm to [himself, herself] themself 12 or others as defined in subdivision (a) of section 9.39 of the mental 13 hygiene law. Any person so committed shall be delivered by the super- 14 intendent within a twenty-four hour period, to the director of the 15 appropriate hospital as designated in the rules and regulations of the 16 office of mental health. Upon delivery of such person to a hospital 17 operated by the office of mental health, if such person does not agree 18 to voluntary admission, a proceeding under this section shall immediate- 19 ly be commenced. 20 10. If the director of a hospital for persons with a mental illness 21 shall deem that the condition of such person with a mental illness 22 requires [his] further retention in a hospital [he] the director shall, 23 during the period of retention authorized by the last order of the 24 court, apply to the supreme court or county court in the county where 25 such hospital is located, for an order authorizing continued retention 26 of such person with a mental illness. The procedures for obtaining any 27 order pursuant to this subdivision shall be in accordance with the 28 provisions of the mental hygiene law for the retention of involuntary 29 patients. A person may be discharged before the end of any sentence or 30 period of retention if the director determines it is medically appropri- 31 ate and such person is not likely to reoffend. 32 12-a. Prior to discharge, the facility director shall provide the 33 department with a treatment plan deemed medically appropriate and that 34 supports the housing stability and economic well-being of such person, 35 and the department, in consultation with the department of health must 36 approve such plan. If the director determines that no plan is needed, 37 they shall provide a written attestation to that effect. 38 § 39. Subdivision 4 of section 404 of the correction law, as amended 39 by chapter 322 of the laws of 2021, is amended to read as follows: 40 4. Every incarcerated individual who has received mental health treat- 41 ment pursuant to this article within three years of [his or her] their 42 anticipated release date from a state correctional facility shall be 43 provided with mental health discharge planning and, when necessary, [an 44 appointment with a mental health professional] a course of treatment in 45 the community [who can prescribe] that can include prescription medica- 46 tions following discharge and sufficient mental health medications and 47 prescriptions to bridge the period between discharge and such time as 48 such mental health professional may assume care of the patient. Incar- 49 cerated individuals who have refused mental health treatment may also be 50 provided mental health discharge planning and any necessary appointment 51 with a mental health professional. 52 § 40. Subdivision 5 of section 201 of the correction law, as amended 53 by chapter 484 of the laws of 2022, is amended to read as follows: 54 5. The department shall assist incarcerated individuals eligible for 55 community supervision and individuals who are on community supervision 56 to secure employment, educational or vocational training, mental health
A. 2719 15 1 treatment, and housing. Any program the department requires a person on 2 community supervision to take as a condition of such supervision shall 3 not unreasonably interfere with such person's employment, educational or 4 vocational training schedule unless such program is a residential treat- 5 ment program. 6 § 41. The judiciary law is amended by adding a new article 5-c to read 7 as follows: 8 ARTICLE 5-C 9 MENTAL HEALTH COURTS 10 Section 178. Establishment of mental health courts. 11 178-a. Transfer of actions or proceedings to superior mental 12 health courts. 13 178-b. Transfer of actions or proceedings to local mental health 14 courts. 15 178-c. Procedure in a superior mental health court or local 16 mental health court upon transfer of actions or 17 proceedings thereto. 18 178-d. Reports. 19 § 178. Establishment of mental health courts. 1. Following consulta- 20 tion with the presiding justice of the appropriate appellate division, 21 the chief administrator of the courts shall establish mental health 22 courts in supreme court or county court ("superior mental health 23 courts") in any county and assign one or more justices or judges to 24 preside therein. Each superior mental health court shall have as its 25 purpose the hearing and determination of: 26 (a) criminal cases that are commenced in the superior court and that 27 are identified by the court as appropriate for disposition by a superior 28 mental health court; and 29 (b) criminal cases that are commenced in other courts of the county, 30 and that are identified as appropriate for disposition by a superior 31 mental health court and transferred to that court as provided for in 32 section one hundred seventy-eight-a of this article. 33 2. Where necessary to best utilize available court and community 34 resources for actions or proceedings involving defendants with mental 35 health problems, the chief administrator of the courts shall establish 36 mental health courts in one or more city or district courts or town or 37 village justice courts in such county, and assign one or more justices 38 or judges to preside therein. Each local mental health court shall have 39 as its purpose the hearing and determination of criminal actions or 40 proceedings that are commenced in a city or district court or town or 41 village justice court that are identified as appropriate for disposition 42 by a local mental health court and transferred to that court as provided 43 for in section one hundred seventy-eight-b of this article. 44 § 178-a. Transfer of actions or proceedings to superior mental health 45 courts. 1. (a) A local criminal court in a county in which a superior 46 mental health court has been established may, upon motion of the defend- 47 ant and with the consent of the district attorney, cause copies of 48 papers and other documents filed in such local criminal court in 49 connection with a criminal action or proceeding pending therein to be 50 sent to the superior mental health court: 51 (i) upon or after arraignment of the defendant on a local criminal 52 court accusatory instrument by which such action or proceeding was 53 commenced; or 54 (ii) upon or after commencement of a proceeding brought against the 55 defendant for the violation of a condition of a sentence of probation or 56 a sentence of conditional discharge. A. 2719 16 1 (b) Not later than five days following receipt of the papers and other 2 documents, where there is a reasonable belief that a defendant has a 3 severe mental illness, the justice or judge presiding in the superior 4 mental health court shall review the medical records of such defendant 5 and shall cause a psychiatric evaluation of such defendant. If the 6 defendant is determined to have a severe mental illness, the justice or 7 judge presiding in the court shall order transfer, of the action or 8 proceeding to the superior mental health court, all originating papers 9 shall be sent from the originating court to the superior mental health 10 court, and all further proceedings shall be conducted therein. If the 11 justice or judge determines that a transfer of the action or proceeding 12 would not promote the administration of justice, they shall notify the 13 local criminal court from which the reference was received of such 14 determination, whereupon all further proceedings in such action or 15 proceeding shall be conducted in accordance with law. 16 2. (a) At any time while a criminal action or proceeding is pending in 17 a superior court in a county in which a superior mental health court has 18 been established, including a proceeding brought against defendant for 19 the violation of a condition of a sentence of probation or a sentence of 20 conditional discharge, a judge or justice of the court in which the 21 action or proceeding is pending may, upon motion of the defendant and 22 with the consent of the district attorney, cause copies of papers and 23 other documents filed in such court in connection with the action or 24 proceeding to be sent to the judge or justice presiding in the superior 25 mental health court for review of the appropriateness of the transfer. 26 (b) Not later than five business days following receipt of the papers 27 and other documents, the judge or justice presiding in the superior 28 mental health court shall determine whether or not a transfer of the 29 action or proceeding to the court would promote the administration of 30 justice. If such judge or justice determines that it would: 31 (i) such judge or justice, if sitting in supreme court, may order such 32 transfer, in which event the action or proceeding shall be referred for 33 disposition to the superior mental health court, all original papers 34 shall be sent to the superior mental health court, and all further 35 proceedings in such action or proceeding shall be conducted therein; or 36 (ii) such judge or justice, if sitting in county court, shall so noti- 37 fy the judge of the court who caused the papers and other documents to 38 be sent to them, and such justice may thereupon order such transfer, in 39 which event the action or proceeding shall be referred for disposition 40 to the superior mental health court, all original papers shall be sent 41 from the originating court to the superior mental health court, and all 42 further proceedings in such action or proceeding shall be conducted 43 therein. If the judge or justice presiding in the superior mental health 44 court determines that a transfer of the action or proceeding would not 45 promote the administration of justice, such judge or justice shall noti- 46 fy the originating court of such determination, whereupon all further 47 proceedings in such action or proceeding shall be conducted in accord- 48 ance with law. 49 3. Upon transfer of an action or proceeding to a mental health court, 50 a judge or justice, with the advice and consent of a psychiatrist and a 51 social services official, may order inpatient medical treatment, outpa- 52 tient treatment, or other medically recommended treatment, and may order 53 monitoring for compliance. Failure to comply with any such order may 54 result in a new hearing. Failure to comply with any such order shall not 55 be grounds for incarceration, probation, or fines.
A. 2719 17 1 4. Upon transfer of an action or proceeding to a mental health court, 2 the defendant shall be notified of social services available to them. 3 § 178-b. Transfer of actions or proceedings to local mental health 4 courts. 1. A local criminal court in a county in which a local mental 5 health court has been established may, upon motion of the defendant and 6 with the consent of the district attorney, cause copies of papers and 7 other documents filed in such local criminal court in connection with a 8 criminal action or proceeding therein to be sent to the local mental 9 health court: 10 (a) upon or after arraignment of a defendant on a local criminal court 11 accusatory instrument by which such action or proceeding was commenced; 12 or 13 (b) upon or after commencement of a proceeding brought against a 14 defendant for the violation of a condition of a sentence of probation or 15 a sentence of conditional discharge. 16 2. Not later than five days following receipt of the papers and other 17 documents, the justice or judge presiding in the local mental health 18 court, in consultation with the justice or judge in the court of origin, 19 shall review the medical records of such defendant and shall cause a 20 psychiatric evaluation of such defendant. If the defendant is determined 21 to have a severe mental illness, the justice or judge presiding in the 22 court shall order transfer, of the action or proceeding shall be trans- 23 ferred to the local mental health court, all originating papers shall 24 then be sent from the court of origin to the local mental health court, 25 and all further proceedings shall be conducted therein. If the presiding 26 justice or judge in the local mental health court or the justice or 27 judge presiding in the court of origin determines that a transfer of the 28 action or proceeding would not promote the administration of justice, 29 the action or proceeding will not be transferred and all further 30 proceedings in such action or proceeding shall be conducted in accord- 31 ance with law. 32 3. Upon transfer of an action or proceeding to a mental health court, 33 a judge or justice, with the advice and consent of a psychiatrist and a 34 social services official, may order inpatient medical treatment, outpa- 35 tient treatment, or other medically recommended treatment, and may order 36 monitoring for compliance. Failure to comply with any such order may 37 result in a new hearing. Failure to comply with any such order shall not 38 be grounds for incarceration, probation, or fines. 39 4. Upon transfer of an action or proceeding to a mental health court, 40 the defendant shall be notified of social services available to them. 41 § 178-c. Procedure in a superior mental health court or local mental 42 health court upon transfer of actions or proceedings thereto. Each 43 action or proceeding transferred to a superior court and referred for 44 disposition to a superior mental health court thereof and each action 45 transferred to a local court and referred for disposition in a local 46 mental health court thereof shall be subject to the same substantive and 47 procedural law as would have applied had there been no transfer. 48 § 178-d. Reports. Every five years the office of court administration 49 shall produce a report on outcomes on defendants in mental health courts 50 which shall include, but not be limited to, subsequent arrests, behav- 51 ioral health outcomes, and housing stability of such defendants. 52 § 42. Intentionally omitted. 53 § 43. Subdivision 1 of section 602 of the public health law is amended 54 by adding a new subdivision (g) to read as follows: 55 (g) Mental health services.
A. 2719 18 1 § 44. The administrative code of the city of New York is amended by 2 adding two new sections 21-335 and 21-336 to read as follows: 3 § 21-335 Mobile devices and post office boxes. 1. Every homeless 4 person, or one individual in a family which is identified as homeless 5 shall be entitled to a mobile phone capable of at least Short Message 6 Service (SMS) and electronic mail. 7 2. Every homeless person, or one individual in a family which is iden- 8 tified as homeless shall be entitled to a post office box or other mail- 9 ing address. 10 § 21-336 Shelter systems study. At least once every five years, the 11 commissioner shall undertake a dynamic study on needed improvements to 12 the shelter system. Such study shall be conducted by following the 13 attempts of at least five contracted persons, posing as homeless indi- 14 viduals, as they attempt to seek permanent housing and services. The 15 commissioner shall produce a report on those processes and make recom- 16 mendations for improvements. 17 § 45. Section 17-199.26 of the administrative code of the city of New 18 York, as added by local law number 108 of the city of New York for the 19 year 2023, and as renumbered by local law number 100 for the city of New 20 York for the year 2024, is amended to read as follows: 21 § 17-199.26 Mental health and behavioral health services outreach and 22 education. The department shall establish and implement an outreach and 23 education campaign to raise public awareness about programs that provide 24 low-cost and no-cost mental health services to New Yorkers who do not 25 qualify for or cannot afford health insurance based on federal guide- 26 lines. Such outreach and education shall include, as applicable, an 27 explanation of how individuals may access such services, including, but 28 not limited to, through referrals from primary care providers. The mate- 29 rials for such outreach and education campaign shall be made available 30 in English and the designated citywide languages, as defined in section 31 23-1101. The department shall provide pamphlets and conspicuously 32 display information on the program in all city agency buildings, 33 schools, shelters, and at hospitals operated by the New York city health 34 and hospitals corporation. 35 § 46. The administrative code of the city of New York is amended by 36 adding a new section 21-304.1 to read as follows: 37 § 21-304.1 Application; process. 1. To the maximum extent possible, 38 the commissioner shall develop a single application for all programs 39 under this chapter, or, in the alternative, a process whereby the infor- 40 mation provided by an applicant in a single application can be populated 41 into other applications. 42 2. To the maximum extent possible, an application for services shall 43 not be closed due to a missed appointment or other noncompliance. 44 § 47. Section 21-314 of the administrative code of the city of New 45 York, as added by local law number 57 for the city of New York for the 46 year 1998, and as renumbered by local law number 19 for the city of New 47 York for the year 1999, is amended to read as follows: 48 § 21-314 Case management services. [The] Within fourteen days of 49 admission, the commissioner shall provide case management services to 50 all persons assigned to stay at the department's facilities or the 51 facilities of organizations contracting with the department who are 52 either waiting for the department to determine their eligibility for 53 shelter or are receiving such shelter. Such case management services 54 shall include, but not be limited to, assistance obtaining (a) medical 55 treatment, (b) federal, state and local government documents including, 56 but not limited to, birth certificates, marriage licenses, and housing
A. 2719 19 1 records, and (c) food, medicine and other necessary supplies; and shall 2 address issues such as domestic violence, child abuse and mental 3 illness[, when needed] by transferring such persons to medically recom- 4 mended treatment. To this end, an examining physician will perform a 5 psychiatric evaluation and review medical records of each such person, 6 and shall refer such person to medically recommended treatment. 7 § 48. Paragraphs 1, 10 and 11 of subdivision b of section 21-332 of 8 the administrative code of the city of New York, as added by local law 9 number 62 of the city of New York for the year 2023, are amended and a 10 new paragraph 12 is added to read as follows: 11 1. The right to shelter, which shall not be contingent upon a person 12 undergoing addictive disorder services; 13 10. The requirement that a shelter comply with the environmental stan- 14 dards set forth in section 491.18 of title 18 of the New York codes, 15 rules and regulations and section 900.18 of such title, as applicable; 16 [and] 17 11. The right to mental health treatment; 18 12. The right to a mobile phone and a post office box or other mailing 19 address; and 20 13. Any other information the department deems appropriate. 21 § 49. Severability. If any clause, sentence, paragraph, subdivision, 22 section or part of this act shall be adjudged by any court of competent 23 jurisdiction to be invalid, such judgment shall not affect, impair, or 24 invalidate the remainder thereof, but shall be confined in its operation 25 to the clause, sentence, paragraph, subdivision, section or part thereof 26 directly involved in the controversy in which such judgment shall have 27 been rendered. It is hereby declared to be the intent of the legislature 28 that this act would have been enacted even if such invalid provisions 29 had not been included herein. 30 § 50. This act shall take effect on the first of January next succeed- 31 ing the date on which it shall have become a law; provided that: 32 (a) the amendments to section 9.48 of the mental hygiene law made by 33 section five of this act shall not affect the expiration and repeal of 34 such section and shall expire and be deemed repealed therewith; 35 (b) the amendments to subdivision (a) of section 9.47 of the mental 36 hygiene law made by section fourteen of this act shall be subject to the 37 expiration and reversion of such subdivision when upon such date the 38 provisions of section fifteen of this act shall take effect; 39 (c) the amendments to section 29.19 of the mental hygiene law made by 40 section twenty-three of this act shall be subject to the expiration and 41 reversion of such section when upon such date the provisions of section 42 twenty-four of this act shall take effect; and 43 (d) provided, however, that if local law number 100 of the city of New 44 York for the year 2024 shall not have taken effect on or before such 45 date then section forty-five of this act shall take effect on the same 46 date and in the same manner as such local law of the laws of 2024 takes 47 effect.