N.Y. Mental Hygiene Law § 9.43: Emergency assessment for immediate observation, care, and treatment; powers of courts

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

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed

by verified statement that a person is apparently mentally ill and is

conducting himself or herself in a manner which in a person who is not

mentally ill would be deemed disorderly conduct or which is likely to

result in serious harm to himself or herself, such court shall issue a

warrant directing that such person be brought before it. If, when said

person is brought before the court, it appears to the court, on the

basis of evidence presented to it, that such person has or may have a

mental illness which is likely to result in serious harm to himself or

herself or others, the court shall issue a civil order directing his or

her removal 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 to any

crisis stabilization center specified in section 36.01 of this chapter

when the court deems such center is appropriate and where such person

voluntarily agrees; that is willing to receive such person for a

determination by the director of such hospital, program or center

whether such person should be received therein pursuant to such section.

(b) Whenever a person before a court in a criminal action appears to

have a mental illness which is likely to result in serious harm to

himself or herself or others and the court determines either that the

crime has not been committed or that there is not sufficient cause to

believe that such person is guilty thereof, the court may issue a civil

order as above provided, and in such cases the criminal action shall

terminate.

* NB Effective until July 1, 2027

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

treatment; powers of courts.

(a) Whenever any court of inferior or general jurisdiction is informed

by verified statement that a person is apparently mentally ill and is

conducting himself in a manner which in a person who is not mentally ill

would be deemed disorderly conduct or which is likely to result in

serious harm to himself or others as defined in section 31.39, such

court shall issue a warrant directing that such person be brought before

it. If, when said person is brought before the court, it appears to the

court, on the basis of evidence presented to it, that such person has or

may have a mental illness which is likely to result in serious harm to

himself or others, the court shall issue a civil order directing his

removal to any hospital specified in subdivision (a) of section 31.39

willing to receive such person for a determination by the director of

such hospital whether such person should be retained therein pursuant to

such section.

(b) Whenever a person before a court in a criminal action appears to

have a mental illness which is likely to result in serious harm to

himself or others and the court determines either that the crime has not

been committed or that there is not sufficient cause to believe that

such person is guilty thereof, the court may issue a civil order as

above provided, and in such cases the criminal action shall terminate.

* NB Effective July 1, 2027