After passing the most recent state budget, Governor Kathy Hochul has been avidly promoting alterations to regulations regarding forced hospitalizations. State Senator George Borrello of Sunset Bay has also passionately addressed this matter, engaging in various debates with Senator Liz Krueger of Manhattan, who presides over the Senate Finance Committee. Once the votes on budget issues concluded in the Senate, Krueger seized the opportunity to assert that their work on matters concerning compulsory commitment is midway through.
Krueger expressed distress that the public might assume that the issue had been entirely resolved. She emphasized that the task at hand extended beyond the recent efforts. The commitment entails more than just hastily admitting someone to a hospital. It involves ensuring that upon stabilization, patients who demonstrate difficulty in catering for themselves or pose potential risks to their safety or that of others aren’t hurriedly discharged to the streets.
One would be mistaken to expect immediate resolution, Krueger argued, noting that the current legislation does not include a requirement for a well-laid plan before a patient’s release. If a patient is transferred to a facility by law enforcers or social workers due to an inability to self-manage, the hospital must hold their discharge until a comprehensive plan is in place.
With the recent budget, New York’s statute on compulsive commitment witnessed an update. The term ‘likely to result in serious harm’ now pertains to individuals whose mental illnesses may render them incapable of meeting their fundamental needs like food, clothing, adequate medical care, personal safety, or shelter. Governor Hochul announced in her press release that this new standard bridges preexisting gaps, aligning New York with 43 other states that have adopted equivalent standards.
The budget also amended Kendra’s Law, permitting new petitions to be lodged within six months of a previous order’s expiration. This provision applies in cases where a person loses touch with their care routine, faces exacerbating mental health symptoms that drastically diminish their compliance with treatment, or is subject to emergency care, incarceration, or hospital admission.
Governor Hochul proudly stated that the mental health sphere, previously overlooked and stigmatized, now commanded due attention. Upon assuming office, Hochul declared an end to the neglect of mental health matters. The recent budget, building on a $1 billion investment into mental health, assures that New Yorkers living with mental illnesses would access appropriate care.
Since 2019, Borrello has been a proponent for changes to Kendra’s Law, advocating diligently on the Senate floor. This law, christened in honor of Kendra Webdale from Fredonia, New York, who was tragically murdered by a man suffering from advanced schizophrenia in a 1999 subway incident in New York City. In January, Borrello pushed for specific legislation.
The proposed bill seeks to widen the criteria for enforced hospitalization when an individual’s mental illness prevents them from fulfilling their basic needs like food, shelter, clothes, and healthcare. The proposal also aims to toughen Kendra’s Law by allowing extensions to hospital stays when individuals don’t adhere to their court-regulated, assisted outpatient treatment.
Currently, the law permits a compulsory 72-hour hospital stay, often insufficient to ensure a patient’s stability. In such scenarios, the proposed bill would enable health professionals to petition for extended hospital stays. Some of the changes Borrello advocated for have been included in the recent state budget and subsequently enacted into law.
Contrarily, Krueger insists that the implemented changes only scratch the surface of the problem. Krueger voices a concern that she may be criticized in the future for these policies, which she acknowledges are only partial solutions. She mentions that in half a year or a full year from now, if these are not the complete solution, there may be backlash.
In her affirmation of the bill, Krueger warned, ‘I am voting for this bill. It has some good measures. However, I am not promising a complete solution. I am especially not promising an end to crimes in the subways or assurance that there will be no mentally ill people on the streets.’
She underlined that the complete solution would involve dealing with the quality of residential facilities, supportive housing services, and psychiatric beds. These are all crucial factors that must be addressed correctly for a comprehensive victory in this field, she opined.