N.Y. Mental Hyg. Law § 9.43

Current through 2024 NY Law Chapters 1-50, 52-55, 57, 61-117

Section 9.43 - [Effective until 7/1/2027] Emergency assessment for immediate observation, care, and treatment; powers of courts

(a) Whenever any court of inferior or general jurisdiction is informed by verified statement that a person is apparently mentally ill and is conducting himself or herself in a manner which in a person who is not mentally ill would be deemed disorderly conduct or which is likely to result in serious harm to himself or herself, such court shall issue a warrant directing that such person be brought before it. If, when said person is brought before the court, it appears to the court, on the basis of evidence presented to it, that such person has or may have a mental illness which is likely to result in serious harm to himself or herself or others, the court shall issue a civil order directing his or her removal 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 to any crisis stabilization center specified in section 36.01 of this chapter when the court deems such center is appropriate and where such person voluntarily agrees; that is willing to receive such person for a determination by the director of such hospital , program or center whether such person should be received therein pursuant to such section.

(b) Whenever a person before a court in a criminal action appears to have a mental illness which is likely to result in serious harm to himself or herself or others and the court determines either that the crime has not been committed or that there is not sufficient cause to believe that such person is guilty thereof, the court may issue a civil order as above provided, and in such cases the criminal action shall terminate.

Amended by New York Laws 2024, ch. 57,Sec. BB-1, eff. 4/20/2024.

Amended by New York Laws 2021, ch. 57,Sec. AA-5, 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.