Proposed legislation in the State Senate would expand the scope of Kendra’s Law and broaden the standard for involuntary hospitalization of the most severely mentally ill.
State Senator George Borrello is co-sponsoring the legislation with Democratic Senator Diane Savino.
The legislation would strengthen Kendra’s Law by allowing longer hospital stays for people who fail to follow their court-mandated, assisted outpatient treatment. Current law allows for an involuntary 72-hour hospitalization. Borrello said in a release that this time frame is often inadequate to stabilize a patient. In these instances, the bill would allow mental health professionals to request longer hospital stays.
Kendra’s Law is named in honor of Kendra Webdale of Fredonia who was tragically killed by a man with a long history of schizophrenia in a subway-shoving incident in New York City in 1999. She was a friend and schoolmate of Senator Borrello’s during their years at Fredonia High School.
Another major component of the legislation would broaden the standard for involuntary hospitalization if an individual’s mental illness renders them unable to meet their own basic needs such as food, shelter, clothing or health care. This is the standard recognized by most other states.
Kendra’s Law was scheduled to sunset this summer, but Governor Kathy Hochul has proposed extending the law for another five years. She also is on board with making it easier to recommit someone who had fallen under the law’s jurisdiction in the past.
Borrello said, “The broader standard for inpatient hospitalization would bring New York into alignment with other states and recognize the common-sense truth that if your illness leaves you unable to meet the basic needs for survival, that constitutes as much of a ‘danger to yourself’ as being suicidal. Expanding this definition would allow us to help the seriously ill among our homeless population, giving these people a chance at a safer, more stable life.”
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