Make Kendra's Law Permanent

Section 1. Paragraph 2 of subdivision (f) of section 7.17 of the mental hygiene law, as amended by chapter 158 of the laws of 2005, is amended to read as follows:

(2) The oversight and monitoring role of the program coordinator of the assisted outpatient treatment program shall include each of the following:

(i) that each assisted outpatient receives the treatment provided for in the court order issued pursuant to section 9.60 of this [chapter] title;

(ii) that existing services located in the assisted outpatient's community are utilized whenever practicable;

(iii) that a case manager or assertive community treatment team is designated for each assisted outpatient;

(iv) that a mechanism exists for such case manager, or assertive community treatment team, to regularly report the assisted outpatient's compliance, or lack of compliance with treatment, to the director of the assisted outpatient treatment program;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01829-01-9

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(v) that directors of community services establish procedures [which] that provide that reports of persons who may be in need of assisted outpatient treatment are appropriately investigated in a timely manner; [and]

(vi) that assisted outpatient treatment services are delivered in a timely manner[.];

(vii) that, prior to the expiration of assisted outpatient treatment orders, the clinical needs of assisted outpatients are adequately reviewed in determining the need to petition for continued assisted outpatient treatment pursuant to subdivision (m) of section 9.60 of this title;

(viii) that the appropriate director is determined for each assisted outpatient, pursuant to subdivisions (k) and (l) of section 9.60 of this title; and

(ix) that the office fulfills its duties pursuant to subdivision (t) of section 9.60 of this title to meet local needs for training of judges and court personnel.

§ 2. Subdivision (f) of section 7.17 of the mental hygiene law is amended by adding a new paragraph 5 to read as follows:

(5) The commissioner shall develop an educational pamphlet on the process of petitioning for assisted outpatient treatment for dissemination to individuals seeking to submit reports of persons who may be in need of assisted outpatient treatment, and individuals seeking to file a petition pursuant to subparagraph (i) or (ii) of paragraph one of subdivision (f) of section 9.60 of this title. Such pamphlet shall set forth, in plain language: the criteria for assisted outpatient treatment, resources available to such individuals, the responsibilities of program coordinators and directors of community services, a summary of current law, the process for petitioning for continued assisted outpatient treatment, and other such information the commissioner determines to be pertinent.

§ 3. Subdivision (b) of section 9.47 of the mental hygiene law, as amended by chapter 158 of the laws of 2005, paragraphs 5 and 6 as added and paragraph 7 as renumbered by chapter 1 of the laws of 2013, is amended to read as follows:

(b) All directors of community services shall be responsible for:

(1) receiving reports of persons who may be in need of assisted outpatient treatment pursuant to section 9.60 of this article and documenting the receipt date of such reports;

(2) conducting timely investigations of such reports received pursuant to paragraph one of this subdivision and providing written notice upon the completion of investigations to reporting persons and program coordinators, appointed by the commissioner [of mental health] pursuant to subdivision (f) of section 7.17 of this title, and documenting the initiation and completion dates of such investigations and the dispositions;

(3) filing of petitions for assisted outpatient treatment pursuant to [paragraph] subparagraph (vii) of paragraph one of subdivision [(e)] (f) of section 9.60 of this article, and documenting the petition filing [date] dates and the [date] dates of the court [order] orders;

(4) coordinating the timely delivery of court ordered services with program coordinators and documenting the date assisted outpatients begin to receive the services mandated in the court order; [and]

(5) ensuring evaluation of the need for ongoing assisted outpatient treatment pursuant to subdivision [(k)] (m) of section 9.60 of this

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article prior to the expiration of any assisted outpatient treatment order;

(6) if he or she has been ordered to provide for or arrange for assisted outpatient treatment pursuant to paragraph five of subdivision [(j)] (k) of section 9.60 of this article or became the appropriate director pursuant to this paragraph or subdivision (c) of section 9.48 of this article, notifying the director of community services of the new county of residence when he or she has reason to believe that an assisted outpatient has or will change his or her county of residence during the pendency of an assisted outpatient treatment order. Upon such change of residence, the director of the new county of residence shall become the appropriate director, as such term is defined in section 9.60 of this article; [and]

(7) notifying program coordinators when assisted outpatients cannot be located after reasonable efforts or are believed to have taken residence outside of the local governmental unit served; and

(8) reporting on a quarterly basis to program coordinators the information collected pursuant to this subdivision.

§ 4. Paragraphs (viii) and (ix) of subdivision (b) of section 9.48 of the mental hygiene law are renumbered paragraphs (ix) and (x) and a new paragraph (viii) is added to read as follows:

(viii) an account of any court order expiration, including but not limited to the director's determination as to whether to petition for continued assisted outpatient treatment, pursuant to section 9.60 of this article, the basis for such determination, and the disposition of any such petition;

§ 5. Section 9.60 of the mental hygiene law, as amended by chapter 158 of the laws of 2005, paragraph 1 of subdivision (a) as amended by section 1 of part E of chapter 111 of the laws of 2010, paragraph 3 of subdivision (a), paragraphs 2 and 5 of subdivision (j), and subdivisions (k) and (n) as amended by chapter 1 of the laws of 2013, paragraph 5 of subdivision (c) as amended by chapter 137 of the laws of 2005, paragraph 4 of subdivision (e) as amended by chapter 382 of the laws of 2015, is amended to read as follows: § 9.60 Assisted outpatient treatment.

(a) Definitions. For purposes of this section, the following definitions shall apply:

(1) "assisted outpatient treatment" shall mean categories of outpatient services [which] that have been ordered by the court pursuant to this section. Such treatment shall include case management services or assertive community treatment team services to provide care coordination, and may also include any of the following categories of services: medication support; medication education or symptom management education; periodic blood tests or urinalysis to determine compliance with prescribed medications; individual or group therapy; day or partial day programming activities; educational and vocational training or activities; appointment of a representative payee or other financial management services, subject to final approval of the Social Security Administration, where applicable; alcohol or substance abuse treatment and counseling and periodic or random tests for the presence of alcohol or illegal drugs for persons with a history of alcohol or substance abuse; supervision of living arrangements; and any other services within a local services plan developed pursuant to article forty-one of this chapter, clinical or non-clinical, prescribed to treat the person's mental illness and to assist the person in living and functioning in the community, or to attempt to prevent a relapse or deterioration that may

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reasonably be predicted to result in [suicide] serious physical harm to any person or the need for hospitalization.

(2) "director" shall mean the director of community services of a local governmental unit, or the director of a hospital licensed or operated by the office of mental health which operates, directs and supervises an assisted outpatient treatment program.

(3) "director of community services" and "local governmental unit" shall have the same meanings as provided in article forty-one of this chapter. The "appropriate director" shall mean the director of community services of the county where the assisted outpatient resides, even if it is a different county than the county where the assisted outpatient treatment order was originally issued.

(4) "assisted outpatient treatment program" shall mean a system to arrange for and coordinate the provision of assisted outpatient treatment, to monitor treatment compliance by assisted outpatients, to evaluate the condition or needs of assisted outpatients, to take appropriate steps to address the needs of such individuals, and to ensure compliance with court orders.

(5) "assisted outpatient" shall mean the person under a court order to receive assisted outpatient treatment.

(6) "subject of the petition" or "subject" shall mean the person who is alleged in a petition, filed pursuant to the provisions of this section, to meet the criteria for assisted outpatient treatment.

(7) "correctional facility" and "local correctional facility" shall have the same meanings as provided in section two of the correction law.

(8) "health care proxy" and "health care agent" shall have the same meanings as provided in article twenty-nine-C of the public health law.

(9) "program coordinator" shall mean an individual appointed by the commissioner [of mental health], pursuant to subdivision (f) of section 7.17 of this chapter, who is responsible for the oversight and monitoring of assisted outpatient treatment programs.

(b) Programs. The director of community services of each local governmental unit shall operate, direct and supervise an assisted outpatient treatment program. The director of a hospital licensed or operated by the office [of mental health] may operate, direct and supervise an assisted outpatient treatment program, upon approval by the commissioner. Directors of community services shall be permitted to satisfy the provisions of this subdivision through the operation of joint assisted outpatient treatment programs. Nothing in this subdivision shall be interpreted to preclude the combination or coordination of efforts between and among local governmental units and hospitals in providing and coordinating assisted outpatient treatment.

(c) Criteria. A person may be ordered to receive assisted outpatient treatment if the court finds that such person:

(1) is eighteen years of age or older; and

(2) is suffering from a mental illness; and

(3) is unlikely to survive safely in the community without supervision, based on a clinical determination; and

(4) has a history of lack of compliance with treatment for mental illness that has:

(i) [prior to the filing of the petition,] at least twice within the [last] thirty-six months prior to the filing of the petition been a significant factor in necessitating hospitalization in a hospital, or receipt of services in a forensic or other mental health unit of a correctional facility or a local correctional facility[, not including]; provided that such thirty-six month period shall be extended by the

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length of any current period[, or period ending] of hospitalization or incarceration, and any such period that ended within the last six months[, during which the person was or is hospitalized or incarcerated]; or

(ii) within forty-eight months prior to the filing of the petition, resulted in one or more acts of serious violent behavior toward self or others or threats of, or attempts at, serious physical harm to self or others [within the last forty-eight months, not including]; provided that such forty-eight month period shall be extended by the length of any current period[, or period ending] of hospitalization or incarceration, and any such period that ended within the last six months[, in which the person was or is hospitalized or incarcerated]; and

(5) is, as a result of his or her mental illness, unlikely to voluntarily participate in outpatient treatment that would enable him or her to live safely in the community; and

(6) in view of his or her treatment history and current behavior, is in need of assisted outpatient treatment in order to prevent a relapse or deterioration which would be likely to result in serious harm to the person or others as defined in section 9.01 of this article; and

(7) is likely to benefit from assisted outpatient treatment.

(d) Health care proxy. Nothing in this section shall preclude a person with a health care proxy from being subject to a petition pursuant to this chapter and consistent with article twenty-nine-C of the public health law.