Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.
Summary
S01000, titled "Jesse's law," would amend New York’s Mental Hygiene Law to give a person who is being involuntarily taken by a police officer or peace officer for emergency psychiatric admission the right to choose the hospital where they will be admitted. That choice would be limited to hospitals that are already qualified under the law for emergency psychiatric admissions, have adequate space and staffing, and are within 50 miles of the location where the person is taken into custody.
The bill also directs the Department of Mental Hygiene to provide each county sheriff with a list of hospitals that meet the relevant certification standards, and to update that list whenever a hospital gains or loses certification. The measure would take effect 90 days after becoming law.
Impact
The bill would add a new section 9.42 to the Mental Hygiene Law and create a patient-choice rule within the existing involuntary emergency admission process under section 9.41. It would not eliminate involuntary transport or admission authority, but it would change where the person may be taken by requiring law enforcement to honor the patient’s hospital preference when the chosen facility meets statutory criteria. It would also impose a new administrative duty on the Department of Mental Hygiene to maintain and distribute hospital certification lists to county sheriffs.
Sentiment
Based on the bill text and the limited context provided, the measure appears to be framed as a patient-rights and dignity reform for emergency mental health admissions. There are no recorded committee transcripts or votes in the provided material, so there is no documented formal debate or roll-call sentiment to assess. The bill’s naming and structure suggest support for giving individuals more control during a highly coercive and stressful intervention.
Contention
The main points of potential contention are likely to be operational rather than ideological: whether allowing a patient to choose the hospital could slow emergency response, complicate law enforcement transport decisions, or create burdens when preferred facilities are farther away or near capacity. Another likely issue is the 50-mile limit and the requirement that the hospital have adequate space and staffing, which may raise questions about how those conditions are assessed in real time. Supporters would likely emphasize patient autonomy and access to appropriate care, while critics may focus on logistics, public safety, and emergency system efficiency.
Same As
Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.
Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.
Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals; defines qualified clinical examiner and qualified mental health professional.
Requires the Commissioner of the Office for People with Developmental Disabilities to provide care for certain persons with developmental disabilities who have been admitted to hospitals or psychiatric facilities on an emergency basis.
AN ACT relating to public health and safety; amending provisions related to the involuntary hospitalization of mentally ill persons; expanding the list of examiners qualified to perform involuntary hospitalization examinations; and providing for an effective date.
Prohibits imposing imprisonment or other penalties or fines for sleeping or camping in public spaces; prohibits involuntary admission to a hospital for observation, care and treatment or deeming a person as posing a substantial risk of physical harm to themself for failing to provide their own essential needs solely due to the fact that such person is sleeping in or upon publicly-owned property which is open to the public at such time.
An Act to Require Data Collection on and Reporting of Psychiatric Hospital Resources and Transparency in Denials of Emergency Involuntary Admissions to Psychiatric Hospitals