N.Y. Mental Hyg. Law § 9.41
Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers
Redline — January 1, 2017 → current.View current text →
Current — January 1, 2026
As of January 1, 2017
* § 9.41 Emergency admissions for immediate observation, care, and\n treatment; powers of certain peace officers and police\n officers.\n Any peace officer, when acting pursuant to his or her special duties,\nor police officer who is a member of the state police or of an\nauthorized police department or force or of a sheriff's department may\ntake into custody any person who appears to be mentally ill and is\nconducting himself or herself in a manner which is likely to result in\nserious harm to the person or others. Such officer may direct the\nremoval of such person or remove him or her to any hospital specified in\nsubdivision (a) of section 9.39 or any comprehensive psychiatric\nemergency program specified in subdivision (a) of section 9.40, or,\npending his or her examination or admission to any such hospital or\nprogram, temporarily detain any such person in another safe and\ncomfortable place, in which event, such officer shall immediately notify\nthe director of community services or, if there be none, the health\nofficer of the city or county of such action.\n * NB Effective until July 1, 2020\n* § 9.41 Emergency admissions for immediate observation, care, and\n treatment; powers of certain peace officers and police\n officers.\n Any peace officer, when acting pursuant to his special duties, or\npolice officer who is a member of the state police or of an authorized\npolice department or force or of a sheriff's department may take into\ncustody any person who appears to be mentally ill and is conducting\nhimself in a manner which is likely to result in serious harm to himself\nor others. "Likelihood to result in serious harm" shall mean (1)\nsubstantial risk of physical harm to himself as manifested by threats of\nor attempts at suicide or serious bodily harm or other conduct\ndemonstrating that he is dangerous to himself, or (2) a substantial risk\nof physical harm to other persons as manifested by homicidal or other\nviolent behavior by which others are placed in reasonable fear of\nserious physical harm. Such officer may direct the removal of such\nperson or remove him to any hospital specified in subdivision (a) of\nsection 9.39 or, pending his examination or admission to any such\nhospital, temporarily detain any such person in another safe and\ncomfortable place, in which event, such officer shall immediately notify\nthe director of community services or, if there be none, the health\nofficer of the city or county of such action.\n * NB Effective July 1, 2020\n
* § 9.41 Emergency assessment for immediate observation, care, and\n treatment; powers of certain peace officers and police\n officers.\n (a) Any peace officer, when acting pursuant to their special duties,\nor police officer who is a member of the state police or of an\nauthorized police department or force or of a sheriff's department may\ntake into custody any person who appears to be mentally ill and is\nconducting themself in a manner which is likely to result in serious\nharm to the person or others. Such officer may direct the removal of\nsuch person or remove such person to any hospital specified in\nsubdivision (a) of section 9.39 of this article, or any comprehensive\npsychiatric emergency program specified in subdivision (a) of section\n9.40 of this article, or pending such person's examination or admission\nto any such hospital or program, temporarily detain any such person in\nanother safe and comfortable place, in which event, such officer shall\nimmediately notify the director of community services or, if there be\nnone, the health officer of the city or county of such action. Provided,\nhowever, a peace officer or police officer directing the removal of a\nperson who is conducting themself in a manner which is likely to result\nin serious harm as defined by paragraph three of subdivision (c) of\nsection 9.01 of this chapter, shall request the transport of such person\nbe conducted by emergency medical services, if practicable based on: the\nperson's potential medical needs and the capacity limits of the local\nemergency medical services agencies, as determined by the local\nemergency medical services agencies; and the safety of the person being\nremoved, as determined by the officer.\n (b) A person otherwise determined to meet the criteria for an\nemergency assessment pursuant to this section may voluntarily agree to\nbe transported to a crisis stabilization center under section 36.01 of\nthis chapter for care and treatment and, in accordance with this\narticle, an assessment by the crisis stabilization center determines\nthat they are able to meet the service needs of the person.\n * NB Effective until July 1, 2027\n* § 9.41 Emergency admissions for immediate observation, care, and\n treatment; powers of certain peace officers and police\n officers.\n Any peace officer, when acting pursuant to their special duties, or\npolice officer who is a member of the state police or of an authorized\npolice department or force or of a sheriff's department may take into\ncustody any person who appears to be mentally ill and is conducting\nthemself in a manner which is likely to result in serious harm to\nthemself or others. Such officer may direct the removal of such person\nor remove such person to any hospital specified in subdivision (a) of\nsection 9.39 of this article or, pending such person's examination or\nadmission to any such hospital, temporarily detain any such person in\nanother safe and comfortable place, in which event, such officer shall\nimmediately notify the director of community services or, if there be\nnone, the health officer of the city or county of such action. Provided,\nhowever, a peace officer or police officer directing the removal of a\nperson who is conducting themself in a manner which is likely to result\nin serious harm as defined by paragraph three of subdivision (c) of\nsection 9.01 of this article, shall request the transport of such person\nbe conducted by emergency medical services, if practicable based on: the\nperson's potential medical needs and the capacity limits of the local\nemergency medical services agencies, as determined by the local\nemergency medical services agencies; and the safety of the person being\nremoved, as determined by the officer.\n * NB Effective July 1, 2027\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.