Governor Hochul to Strengthen Involuntary Commitment Standards and Amend Kendra’s Law

On Friday, January 3rd, Governor Kathy Hochul announced that her upcoming executive budget will include proposed changes to New York’s involuntary commitment standards and Kendra’s Law. The move comes in response to a recent surge in violent crimes, particularly in the city’s transit system, which has been linked to untreated mental illness among individuals living on the streets.

Governor Hochul highlighted the dire need to address long-standing issues in the state’s mental health care system. She attributed the current crisis to decades of disinvestment in mental health services and supportive housing. In an effort to reverse this trend, her administration launched a $1 billion initiative aimed at expanding mental health care services, increasing the number of inpatient psychiatric beds, and implementing stricter regulations to ensure discharged patients have actionable treatment plans.

The proposed changes to involuntary commitment standards would broaden the criteria for hospitalization. Currently, hospitals can only commit individuals if their mental illness poses a risk of serious harm to themselves or others. The new legislation seeks to expand this definition, allowing hospitals to admit more individuals in need of care. In tandem, amendments to Kendra’s Law will be introduced to streamline the process for court-ordered Assisted Outpatient Treatment (AOT) and make voluntary participation easier.

Governor Hochul has been advocating for these reforms over the past three years, emphasizing the urgent need for legislative action. She stated, “Public safety is my top priority, and I will do everything in my power to keep New Yorkers safe.” The governor also expressed gratitude to law enforcement for their efforts in maintaining subway safety, noting that additional State Police, MTA officers, and 1,000 members of the National Guard have been deployed to support the NYPD.

Following Hochul’s announcement, New York City Mayor Eric Adams released a statement, saying “With today’s announcement, we are exceptionally grateful to Governor Hochul for listening to our calls and to the calls of everyday New Yorkers, and we look forward to working with her to develop next steps to finally codify these changes into law. There is no dignity in withering away on the streets without the ability to help yourself, and there is no moral superiority in just walking by those individuals and doing nothing. We must stop being so idealistic that we’re not realistic.” 

The announcement underscores Hochul’s commitment to improving public safety and mental health care. By strengthening involuntary commitment standards and enhancing Kendra’s Law, the governor aims to provide a more comprehensive solution to the intersecting crises of homelessness, mental illness, and public safety. Legislative discussions on the proposed changes are expected to begin in the coming months.