As New Yorkers continue to witness individuals with severe mental illness struggling on the streets and subways, the need for effective intervention has never been clearer. Mayor Eric Adams and Governor Kathy Hochul are both advocating for changes to the state’s mental health laws to make it easier to get individuals who are potentially a danger to themselves or others the care they need. However, Senate Democrats under Majority Leader Andrea Stewart-Cousins are proposing legislation that would move the state backwards, potentially making it even more difficult for those in need to receive critical treatment.
The proposed bill seeks to narrow the current legal standard for involuntary psychiatric treatment, changing the threshold from “likelihood to result in serious harm” to “imminent risk of serious physical harm.” This change would make it far less likely for individuals experiencing severe mental illness to meet the criteria for intervention. In contrast, Mayor Adams and Governor Hochul advocate for a broader legal definition that includes an inability to meet basic needs, a common indicator of danger to oneself. This approach aligns with case law already in place in 48 other states, where the inability to care for oneself is recognized as sufficient cause for involuntary treatment.
Despite the clear logic behind this proposed change, the Senate’s bill threatens to undermine efforts to address a growing crisis. Under the current framework, social workers and healthcare professionals may hesitate to take individuals for psychiatric assessments, while doctors may refuse to admit them. As a result, untreated conditions such as schizophrenia or severe psychosis can fester, increasing the risk of harm to both the individuals and the broader community.
The proposal from the Senate also fails to address the broader issue of insufficient inpatient psychiatric care. While Mayor Adams, Governor Hochul, and even progressive mayoral candidates like Brad Lander, Zellnor Myrie, and Jessica Ramos support lowering the standard for involuntary commitment, the Senate bill remains stagnant, largely maintaining the status quo.
Rather than expanding the capacity of mental health professionals, the Senate’s bill imposes further barriers. It would require law enforcement to notify and, where possible, defer to crisis response teams, a measure that could result in delays rather than immediate action. Furthermore, the bill restricts the authority to certify involuntary admissions to doctors alone, eliminating the potential for nurse practitioners to play a role in the process.
While the Senate proposal includes some funding for non-police crisis teams and mental health infrastructure, the allocated $2 million is insufficient to address the scale of the problem. The lack of significant investment in psychiatric beds and mental health services further underscores the inadequacy of the proposed changes.
If enacted, the Senate’s approach would likely lead to an increase in untreated mental illness, with law enforcement and social workers reluctant to intervene in crisis situations. As a result, individuals with severe mental health conditions would continue to deteriorate, exacerbating the crisis in our communities. The lack of effective solutions from Albany would represent a profound failure of leadership at a time when action is urgently needed.
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