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Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Substituted by A6529
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1316
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand
Signed by Governor · Sponsor Aileen Gunther
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5260
Title of bill
An act to amend the mental hygiene law, in relation to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand
Purpose or general idea of bill
Allows for the use of a psychiatrist employed by the state to provide the examination for and testify in court during "Kendra's Law" hearings in counties with a population under 80,000.
Summary of specific provisions
Section 1.Amends paragraph 4 of subdivision (e) of section 9.60 of the Mental Hygiene law, to raise from 75,000 to 80,000, the maximum popu- lation for counties in which a psychiatrist who is an employee of the Office of Mental Health may be provided for the purpose of filing an affirmation or affidavit under "Kendra's Law."
Section 2.Effective date.
Justification
Kendra's Law requires a psychiatrist to be in court for hearings sched- uled by the judge within 72 hours of a petition being filed. This can be a nearly insurmountable problem in rural counties where there may be a limited number of psychiatrists. In 2005, when Kendra's Law was extended, the legislature included a provision that allowed the Office of Mental Health (OMH) to provide counties with populations under 75,000 a psychiatrist for the purpose of filing an affirmation or affidavit. This population threshold has never been increased.
The legislature passed a bill in 2013 that would have required OMH to provide a psychiatrist to counties with populations under 80,000. However, the bill was vetoed due to budgetary concerns. This bill does not place a mandate on OMH; it simply authorizes OMH to provide assist- ance to rural counties.
Prior legislative history
2013: A5954/S5005 Veto No. 262 (similar)
Fiscal implications to state government
There would be no additional required spending by the state.
Effective date
This act shall take effect immediately; provided, however, that the amendments to paragraph 4 of subdivision (e) of section 9.60 of the
mental hygiene law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.