New York A 5538: Enhances the assisted outpatient treatment program and eliminates the expiration and repeal of Kendra's Law

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A05538 Summary:

BILL NOA05538 

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SAME ASSAME AS S03474

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SPONSORSimon

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COSPNSRPaulin, Cook, Weprin, Otis, Steck, Williams, Burdick

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MLTSPNSR

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Amd §§7.17, 9.47, 9.48, 9.60 & 29.15, Ment Hyg L; amd §404, Cor L; amd §18, Chap 408 of 1999

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Enhances the assisted outpatient treatment program; eliminates the expiration and repeal of Kendra's Law.

Go to top A05538 Actions:

BILL NOA05538 

&nbsp

02/14/2025referred to mental health

01/07/2026referred to mental health

Go to topA05538 Committee&nbspVotes:

Go to topA05538 Floor&nbspVotes:

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

Go to topA05538 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5538

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. SIMON, PAULIN, COOK, WEPRIN, OTIS, STECK,
 WILLIAMS -- read once and referred to the Committee on Mental Health

 AN ACT to amend the mental hygiene law and the correction law, in
 relation to enhancing the assisted outpatient treatment program; and
 to amend Kendra's Law, in relation to making the provisions thereof
 permanent

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

 1 Section 1. Paragraph 2 of subdivision (f) of section 7.17 of the
 2 mental hygiene law, as amended by chapter 158 of the laws of 2005, is
 3 amended to read as follows:
 4 (2) The oversight and monitoring role of the program coordinator of
 5 the assisted outpatient treatment program shall include each of the
 6 following:
 7 (i) that each assisted outpatient receives the treatment provided for
 8 in the court order issued pursuant to section 9.60 of this [chapter]
 9 title;
 10 (ii) that existing services located in the assisted outpatient's
 11 community are utilized whenever practicable;
 12 (iii) that a case manager or assertive community treatment team is
 13 designated for each assisted outpatient;
 14 (iv) that a mechanism exists for such case manager, or assertive
 15 community treatment team, to regularly report the assisted outpatient's
 16 compliance, or lack of compliance with treatment, to the director of the
 17 assisted outpatient treatment program;
 18 (v) that directors of community services establish procedures [which]
 19 that provide that reports of persons who may be in need of assisted
 20 outpatient treatment are appropriately investigated in a timely manner;
 21 [and]
 22 (vi) that assisted outpatient treatment services are delivered in a
 23 timely manner[.];

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07375-01-5

 A. 5538 2

 1 (vii) that, prior to the expiration of assisted outpatient treatment
 2 orders, the clinical needs of assisted outpatients are adequately
 3 reviewed in determining the need to petition for continued assisted
 4 outpatient treatment pursuant to subdivision (m) of section 9.60 of this
 5 title;
 6 (viii) that the appropriate director is determined for each assisted
 7 outpatient, pursuant to subdivisions (k) and (l) of section 9.60 of this
 8 title; and
 9 (ix) that the office fulfills its duties pursuant to subdivision (t)
 10 of section 9.60 of this title to meet local needs for training of judges
 11 and court personnel.
 12 § 2. Subdivision (f) of section 7.17 of the mental hygiene law is
 13 amended by adding a new paragraph 5 to read as follows:
 14 (5) The commissioner shall develop an educational pamphlet on the
 15 process of petitioning for assisted outpatient treatment for dissem-
 16 ination to individuals seeking to submit reports of persons who may be
 17 in need of assisted outpatient treatment, and individuals seeking to
 18 file a petition pursuant to subparagraph (i) or (ii) of paragraph one of
 19 subdivision (f) of section 9.60 of this title. Such pamphlet shall set
 20 forth, in plain language: the criteria for assisted outpatient treat-
 21 ment, resources available to such individuals, the responsibilities of
 22 program coordinators and directors of community services, a summary of
 23 current law, the process for petitioning for continued assisted outpa-
 24 tient treatment, and other such information the commissioner determines