New York

NEW YORK - Quality of Laws: C/Use of Laws: C

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Quality of Laws (50/80): Grade C


Inpatient commitment law (4/34: Grade F)
Criteria (0/25) Comment
Gravely disabled standard (0/10) No.
Need-for-treatment standard (0/15) No.
Citizen's right to petition (0/5) Comment
May family member directly petition court for inpatient commitment? (0/3) No. Hosp director only. N.Y. MENTAL HYG. LAW § 9.27(a).
May other lay adult directly petition court for inpatient commitment? (0/2) No.
Duration (4/4) Comment
Allow initial commitment order to exceed 14 days? (1/1) Yes. 6 months. N.Y. MENTAL HYG. LAW § 9.33(b).
Allow initial commitment order to exceed 30 days? (3/3) Yes.
Outpatient commitment law (34/34: Grade A+)
Statutory authority for outpatient commitment? (4/4) Yes. N.Y. MENTAL HYG. LAW § 9.60
Criteria sufficiently broad to provide access? (20/20) Yes. N.Y. MENTAL HYG. LAW § 9.60(c).
Procedures sufficiently explained to guide practice? (5/5) Yes. Requires development of trreatment plan, places provider under order, establishes state oversight, addresses non-compliance. N.Y. MENTAL HYG. LAW § 9.60.
Allow initial order to exceed 90 days? (2/2) Yes. 1 year. N.Y. MENTAL HYG. LAW § 9.60(j)(2).
Allow initial order to exceed 180 days? (2/2) Yes.
Allow renewal to exceed 180 days? (1/1) Yes.
Emergency evaluation law (12/12: Grade A+)
Criteria aligned with state commitment standard? (8/8) Yes. N.Y. MENTAL HYG. LAW § 9.39(a).
Citizens’ right to petition? (4/4) Yes. N.Y. MENTAL HYG. LAW § 9.43(a).

Use of Laws (5/14): Grade C


From New York mental health practioner sources
Inpatient laws 0/5 Inpatient commitments are rarely or never pursued on grounds other than imminent risk of violence or suicide.
Outpatient laws 5/5 Outpatient commitment is practiced routinely throughout the state.
Conditional release 0/2 Conditional release is not practiced in the state.
Bed delays No penalty Persons admitted to hospitals for mental health treatment are not commonly forced to wait for hospital beds to become available.
Medication over objection No penalty or bonus The delay between an involuntary inpatient’s refusal of therapeutic medication and the administration of such medication is typically between one week and one month.