New York S 9185: Establishes further procedures for assisted outpatient treatment

Bill Text

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 Speaker Carl E. Heastie

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S09185 Summary:

BILL NOS09185 

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SAME ASNo Same As

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SPONSORCHAN

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COSPNSR

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MLTSPNSR

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Amd §§9.60 & 29.15, Ment Hyg L

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Establishes further procedures for assisted outpatient treatment and community adherence plans prior to a person being discharged from the plan; requires the office of mental health track data on assisted outpatient treatment orders; requires the commissioner of mental health create standardized forms for assisted outpatient discharge.

Go to top S09185 Actions:

BILL NOS09185 

&nbsp

02/12/2026REFERRED TO MENTAL HEALTH

Go to topS09185 Committee&nbspVotes:

Go to topS09185 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09185 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9185

 IN SENATE

 February 12, 2026
 ___________

 Introduced by Sen. CHAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to strengthening
 assisted outpatient treatment, discharge planning, and post-incident
 reassessment; and providing for the protection of due process and
 least-restrictive care

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "involuntary care continuity and safety act of 2026".
 3 § 2. Legislative findings and purpose. The legislature finds that
 4 reforms regarding involuntary commitment enacted in May 2025 expanded
 5 the definition of likelihood to result in serious harm, broadened clin-
 6 ical certifiers, and eased re-filing of assisted outpatient treatment
 7 (AOT). Remaining gaps occur at discharge and after high-risk community
 8 incidents, resulting in repeat hospitalizations, cycles of victimiza-
 9 tion, and instability for individuals with serious mental illness. This
 10 act closes those gaps by: (i) requiring standardized AOT eligibility
 11 review prior to discharge from specified involuntary admissions; (ii)
 12 authorizing narrowly tailored twelve-month initial AOT orders for
 13 repeat-cycle or violence-risk cohorts with mid-term case review; (iii)
 14 strengthening conditional release planning; and (iv) mandating rapid
 15 court reassessment after violent arrests or serious dangerous incidents.
 16 The act preserves due process, clinical discretion, and the least-res-
 17 trictive alternative consistent with Olmstead v. L.C., 527 U.S. 581
 18 (1999).
 19 § 3. Subdivision (e) of section 9.60 of the mental hygiene law is
 20 amended by adding a new paragraph 1-a to read as follows:
 21 (1-a) (i) Prior to the discharge of a person admitted or retained
 22 pursuant to section 9.27, 9.33 or 9.39 of this article, the director of
 23 the hospital, or the director's designee, shall ensure completion of a
 24 standardized assisted outpatient treatment eligibility review ("AOT
 25 discharge review").

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14242-01-5

 S. 9185 2

 1 (ii) The commissioner shall prescribe by regulation a uniform check-
 2 list to be used statewide which shall consider, at a minimum: (A) histo-
 3 ry of treatment non-adherence; (B) two or more emergency department
 4 presentations or hospital admissions within the preceding twenty-four
 5 months; (C) acts, threats, or attempts of serious physical harm to self
 6 or others or other documented violent conduct; and (D) recent material
 7 deterioration, including inability to meet basic living needs consistent
 8 with the serious-harm standard.
 9 (iii) If, based on the AOT discharge review and clinical judgment, the
 10 person is believed to meet the criteria of this section, the director of
 11 the hospital shall, prior to discharge, file a petition pursuant to
 12 paragraph one of this subdivision in the supreme or county court of the
 13 county where the person is present or is expected to reside upon
 14 discharge. The filing of a petition shall not, by itself, delay a clin-
 15 ically appropriate discharge; provided, however, that the hospital shall
 16 coordinate interim services to avoid gaps in care pending hearing.
 17 (iv) Upo