Extends the sunset date of Kendra's law from June 30, 2010 to June 30, 2015.
BILL NUMBER: S7254
TITLE OF BILL :
An act to amend chapter 408 of the laws of 1999 constituting Kendra's Law, in relation to extending the expiration thereof
PURPOSE OF THE BILL :
This bill would extend the sunset date of Chapter 408 of the Laws of 1999 (Kendra's Law) from June 30, 2010, to June 30, 2015.
SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Chapter 408 of the Laws of 1999 to extend the sunset date of Kendra's Law until June 30, 2015.
Section 2 of the bill would provide for an immediate effective date.
EXISTING LAW :
Kendra's Law creates a statutory framework for court-ordered Assisted Outpatient Treatment (AOT), to ensure that individuals with mental illness and a history of hospitalizations or violence participate in community-based services appropriate to their needs. Kendra's Law establishes a procedure for obtaining court orders for certain individuals with mental illness to receive and accept outpatient treatment. Kendra's Law was originally set to expire on June 30, 2005.
Chapter 158 of the Laws of 2005 extended Kendra's Law until June 30, 2010 and made a number of technical changes.
LEGISLATIVE HISTORY :
This is a new proposal.
STATEMENT IN SUPPORT :
The statewide implementation of Kendra's Law has resulted in beneficial structural changes to local mental health service delivery systems. New mechanisms for identifying, investigating, and assessing individuals, developed in order to fulfill the requirements of AOT implementation, have improved access to services for high need individuals, treatment plan development, discharge planning, and coordination of service planning. The implementation of AOT has also supported the development of more collaborative relationships between the mental health and court systems.
The 2005 reauthorization of AOT required an independent evaluation of its implementation and effectiveness, specifically addressing several areas of investigation. The Office of Mental Health (OMH) contracted for the evaluation with the Department of Psychiatry and Behavioral Sciences at Duke University Medical Center, the MacArthur Foundation, and Policy Research Associates, Inc. (PRA).
In June 2009 the independent study conducted by Duke University, the MacArthur Foundation and PRA was released and concluded that New York State's AOT Program improves a range of important outcomes for its recipients, apparently without negative consequences to recipients. The evaluation also concluded that the increased services available under AOT clearly improve recipient outcomes. Furthermore, the AOT court order itself and its attendant monitoring, appear to offer additional benefits in improving outcomes. It was also determined that the AOT order exerts a critical effect on service providers stimulating their efforts to prioritize care for AOT recipients. In addition, to these positive outcomes, it is important to note that the constitutionality of the statutory scheme for AOT has been upheld by the courts (see Matter of K.L., 1NY3d 362 (2004)). In Matter of K.L., the Court of Appeals found that Kendra's Law helps individuals who have a history of treatment noncompliance to safely survive in the community, in a manner which does not impinge upon the constitutionally protected liberty interests of these individuals.
BUDGET IMPLICATIONS :
This bill would have no fiscal implications. Costs associated with the implementation of Kendra's Law are already included in the State's Financial Plan.
EFFECTIVE DATE : The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7254 IN SENATE March 25, 2010 ___________Introduced by Sen. MORAHAN -- (at request of the Office of Mental Health) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabil- ities AN ACT to amend chapter 408 of the laws of 1999 constituting Kendra's Law, in relation to extending the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 18 of chapter 408 of the laws of 1999, constituting Kendra's Law, as amended by chapter 158 of the laws of 2005, is amended to read as follows: S 18. This act shall take effect immediately, provided that section fifteen of this act shall take effect April 1, 2000, provided, further, that subdivision (e) of section 9.60 of the mental hygiene law as added by section six of this act shall be effective 90 days after this act shall become law; and that this act shall expire and be deemed repealed June 30,
[2010; and, provided, further, that the amendments to section 9.61 of the mental hygiene law made by section seven of this act shall not affect the expiration of such section and shall be deemed to expire therewith]2015. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15655-02-0