N.Y. Mental Hygiene Law § 9.41: Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers

* § 9.41 Emergency assessment for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

(a) Any peace officer, when acting pursuant to their special duties,

or police officer who is a member of the state police or of an

authorized police department or force or of a sheriff's department may

take into custody any person who appears to be mentally ill and is

conducting themself in a manner which is likely to result in serious

harm to the person or others. Such officer may direct the removal of

such person or remove such person to any hospital specified in

subdivision (a) of section 9.39 of this article, or any comprehensive

psychiatric emergency program specified in subdivision (a) of section

9.40 of this article, or pending such person's examination or admission

to any such hospital or program, temporarily detain any such person in

another safe and comfortable place, in which event, such officer shall

immediately notify the director of community services or, if there be

none, the health officer of the city or county of such action. Provided,

however, a peace officer or police officer directing the removal of a

person who is conducting themself in a manner which is likely to result

in serious harm as defined by paragraph three of subdivision (c) of

section 9.01 of this chapter, shall request the transport of such person

be conducted by emergency medical services, if practicable based on: the

person's potential medical needs and the capacity limits of the local

emergency medical services agencies, as determined by the local

emergency medical services agencies; and the safety of the person being

removed, as determined by the officer.

(b) A person otherwise determined to meet the criteria for an

emergency assessment pursuant to this section may voluntarily agree to

be transported to a crisis stabilization center under section 36.01 of

this chapter for care and treatment and, in accordance with this

article, an assessment by the crisis stabilization center determines

that they are able to meet the service needs of the person.

* NB Effective until July 1, 2027

* § 9.41 Emergency admissions for immediate observation, care, and

treatment; powers of certain peace officers and police

officers.

Any peace officer, when acting pursuant to their special duties, or

police officer who is a member of the state police or of an authorized

police department or force or of a sheriff's department may take into

custody any person who appears to be mentally ill and is conducting

themself in a manner which is likely to result in serious harm to

themself or others. Such officer may direct the removal of such person

or remove such person to any hospital specified in subdivision (a) of

section 9.39 of this article or, pending such person's examination or

admission to any such hospital, temporarily detain any such person in

another safe and comfortable place, in which event, such officer shall

immediately notify the director of community services or, if there be

none, the health officer of the city or county of such action. Provided,

however, a peace officer or police officer directing the removal of a

person who is conducting themself in a manner which is likely to result

in serious harm as defined by paragraph three of subdivision (c) of

section 9.01 of this article, shall request the transport of such person

be conducted by emergency medical services, if practicable based on: the

person's potential medical needs and the capacity limits of the local

emergency medical services agencies, as determined by the local

emergency medical services agencies; and the safety of the person being

removed, as determined by the officer.

* NB Effective July 1, 2027