Section 9.41 - [Effective until 7/1/2024] Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers(a) Any peace officer, when acting pursuant to his or her special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff's department may take into custody any person who appears to be mentally ill and is conducting himself or herself in a manner which is likely to result in serious harm to the person or others. Such officer may direct the removal of such person or remove him or her to any hospital specified in subdivision (a) of section 9.39 of this article, or any comprehensive psychiatric emergency program specified in subdivision (a) of section 9.40 of this article, or pending his or her examination or admission to any such hospital or program, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action.(b) A person otherwise determined to meet the criteria for an emergency assessment pursuant to this section may voluntarily agree to be transported to a crisis stabilization center under section 36.01 of this chapter for care and treatment and, in accordance with this article, an assessment by the crisis stabilization center determines that they are able to meet the service needs of the person.N.Y. Mental Hyg. Law § 9.41
Amended by New York Laws 2021, ch. 57,Sec. AA-4, eff. 10/1/2021.Amended by New York Laws 2020, ch. 58,Sec. PPP-1, eff. 4/3/2020, op. 4/1/2020.Amended by New York Laws 2016, ch. 59,Sec. I-1, eff. 4/1/2016.This section is set out more than once due to postponed, multiple, or conflicting amendments.