Legislation

What New York law says, and what is pending

Two things matter to a family in crisis: what the statute currently allows, and which bills would change it. Both are below, with links to the primary sources.

A note on what this page is. These are the New York bills this chapter monitors because they bear directly on severe mental illness. Listing a bill here is a statement that it matters to New York families, not a statement that the coalition endorses it. Where we endorse a bill, it is noted on the bill itself.

Enacted

The 2025 Mental Hygiene Law amendments

Passed with the FY 2026 budget and signed on May 9, 2025; effective August 7, 2025. This is the current law, and it is what a hospital, a police officer, or a court in New York is operating under today.

A wider standard for emergency admission

Section 9.39's definition of "likelihood to result in serious harm" now includes a substantial risk of physical harm arising from an inability or refusal to provide for essential needs — food, clothing, necessary medical care, personal safety, or shelter. Before this, a person could be visibly deteriorating on a street and still fall outside the standard unless they were assessed as dangerous.

More clinicians who can act

Psychiatric nurse practitioners may now perform the examinations behind a certificate, and may request law enforcement or ambulance transport. A certificate can be completed by two physicians or by one physician and one psychiatric nurse practitioner.

Someone has to be told

Hospitals must notify community mental health providers, Mental Hygiene Legal Service, and up to three people the patient designates. A new section 9.64 requires hospital directors to find and notify the community providers who already carry that patient. Families have spent years being told nothing; this is the beginning of an answer.

Kendra's Law, loosened

A court may order assisted outpatient treatment where a prior order expired within six months and the person has become disconnected from care with worsening symptoms. Past non-compliance with treatment no longer disqualifies a person from receiving it, and domestic partners may now petition. $16.5 million went to counties to implement it.

Sources: NYS Division of the Budget; Abrams Fensterman, summary of amended sections 9.01, 9.05, 9.27, 9.39, 9.40, 9.60 and new 9.64.

What did not pass. The final agreement stopped short of the proposed Supportive Interventions Act, which would have extended the commitment standard to psychiatric deterioration from untreated mental illness. The expansion that did pass was opposed by the chairs of both legislative mental health committees and by disability rights advocates who argued it enlarges coercive treatment; it was supported by city officials and by polling showing broad public backing. Background.

Pending

Bills we are tracking

Status and last recorded action are taken from the Legislature's own bill pages and were checked on October 20, 2026. Bill numbers are given for both chambers, because the number you need depends on whether you are calling a senator or an assemblymember.

The Supportive Interventions Act

S1080 / A137
In Committee

It widens “likely to result in serious harm” to cover a substantial inability to meet basic needs for food, clothing, shelter or medical care, and adds psychiatric harm to the standard. It makes licensed psychologists, psychiatric nurse practitioners and clinical social workers qualified clinical examiners, able to certify and arrange transport much as physicians now can. It lets staff at an adult care facility ask the director to have a resident taken to a hospital or crisis stabilization centre for evaluation. It requires hospitals to notify community providers of admissions and discharges and to involve them in discharge planning. And on assisted outpatient treatment it streamlines re-enrolment, sets a one-year initial order as the default, permits video testimony in some cases, requires an AOT eligibility screening before any psychiatric inpatient discharge, and creates a route to treatment records without the patient's consent.

Sen. Jessica Scarcella-Spanton, with Sens. Borrello, Fahy and Sepúlveda. Prefiled January 8, 2025 and referred to the Senate Mental Health Committee, where it remains; re-referred January 7, 2026. The Assembly companion is A137. Neither chamber has voted on it. Read the bill →

Competency restoration reform

S1004B / A5567B
Passed Both Houses

Requires examiners to assess whether restoration services are likely to be effective before a defendant found unfit to proceed is committed to a state facility, and prioritizes outpatient restoration. Advocates campaign for it under the name "Justice in 90"; that phrase does not appear in the bill.

Sen. Samra Brouk. Passed the Senate 46–14 on June 4, 2026 and returned from the Assembly on June 5, 2026. It has not yet been delivered to or signed by the Governor. Read the bill →

Prohibiting fail-first and step therapy

S4867A / A7522
Passed Senate

Bars insurers from applying fail-first or step therapy protocols, or prior authorization, to prescription drugs treating serious mental health conditions — nine diagnostic categories including psychotic, bipolar, depressive and neurodevelopmental disorders.

Sen. Patricia Fahy. Passed the Senate 60–1 on May 7, 2026; now before the Assembly Insurance Committee. Read the bill →

Nicole's Law

S5296A / A10490A
In Committee

Adds section 9.61 to the Mental Hygiene Law, governing intake and discharge for patients admitted after a self-inflicted, life-threatening injury: review the full medical history, contact family, weigh prior incidents before ending an inpatient stay, and arrange follow-up care including assisted outpatient treatment. It is named for Nicole Ettere, a 37-year-old medical professional who died in 2017 after a series of hospitalizations.

Sen. Luis Sepúlveda and Asm. Matt Slater. Amended and recommitted — Senate Mental Health, February 27, 2026; Assembly Mental Health, March 12, 2026. Read the bill →

Daniel's Law

S3670 / A4617
In Committee

Creates a statewide emergency and crisis response council to approve local crisis response plans and support community-based, non-police response to mental health and substance use emergencies. It is named for Daniel Prude, who died in Rochester in 2020.

Sen. Samra Brouk. Referred to Senate Mental Health, January 7, 2026. Read the bill →

Forensic Rehabilitation Act

S8310 / A8603
In Committee

Sets time limits on forensic detention for people found not responsible by reason of mental disease or defect, and moves the decision on continued confinement from prosecutors to mental health professionals.

Sen. Samra Brouk. Referred to Senate Codes, January 7, 2026. Read the bill →

Utilization review and medical necessity

S5241 / A6648
In Committee

Requires coverage decisions to rest on medical and scientific evidence, brings mental health and substance use services — including mobile crisis teams and crisis stabilization centres — explicitly within emergency service coverage, and stops insurers reversing an approval they have already granted except for fraud.

Sen. Nathalia Fernandez. Reported from Senate Insurance 9–0 and referred to Senate Finance, May 18, 2026. Read the bill →

Ensuring Access to Behavioral Health Act

S499 / A1792
In Committee

Extends insurance network adequacy requirements to behavioral health, and directs state regulators to review parity compliance data and update the rules.

Sen. Nathalia Fernandez. Referred to Senate Health, January 7, 2026. Read the bill →

Constitutional amendment: "may" to "shall"

S2033 / A279
In Committee

A concurrent resolution amending article 17 of the State Constitution so that care for people with mental illness shall be provided rather than may be, and so that mental and physical health are both named as matters of public concern.

Sen. Pete Harckham. In Senate Judiciary, February 3, 2026. Read the bill →

Hospitalization, AOT, and who is allowed to act

Involuntary Care Continuity and Safety Act of 2026

S9185
In Committee

Builds a set of procedures around the moment of discharge. A hospital would have to run a standardized AOT eligibility review before releasing anyone admitted or retained involuntarily under Article 9, and send them out with a written community adherence plan covering medication, outpatient appointments, housing and crisis contacts, followed by staff outreach within 72 hours. Where certain conditions are shown by clear and convincing evidence — two involuntary admissions in 24 months, a serious-harm act or threat in 12 months, or discharge with documented non-adherence — the initial AOT order would run 12 months, subject to a mid-term review that can shorten it. After an arrest for a violent felony or a credibly reported serious dangerous incident, the director of community services would have five business days to petition for court reassessment.

Sen. Stephen T. Chan, no co-sponsors. Introduced February 12, 2026 and referred to the Senate Mental Health Committee, its only recorded action. No Assembly companion. Read the bill →

Enhancing AOT and ending Kendra's Law's expiry

S3474 / A5538
In Committee

Broadens and streamlines assisted outpatient treatment and strikes the sunset clause, so Kendra's Law would no longer expire and repeal itself on a fixed date.

Sen. Pamela Helming with Sens. Borrello, Gallivan, Oberacker and Rhoads; Assemblymember Simon with seven co-sponsors. Both sit in their chamber's Mental Health Committee and were re-referred January 7, 2026. Neither has been voted on. Read the bill →

Tony's law — community applications for admission

S506 / A5769
In Committee

Adds any adult living in the person's community, and “community ambassadors” in localities that run such a programme, to the list of people who may apply for involuntary admission under Mental Hygiene Law § 9.27. At present that list reaches family, cohabitants, physicians and social services officials.

Sen. Anthony Palumbo; Assemblymember Giglio. Prefiled January 8, 2025, re-referred January 7, 2026, and in the Mental Health Committee of each chamber. The Senate sponsor's memo frames it around people “suffering from severe mental illness”; the Assembly version carries no memo. Read the bill →

Jesse's law — choosing the receiving hospital

S1000 / A9549
In Committee

When a police or peace officer takes someone into custody under § 9.41 for an emergency psychiatric evaluation, this would let the person choose which hospital they are brought to, provided it is certified for emergency admissions under § 9.39(a), has adequate space and staffing, and is within fifty miles. The Assembly version also requires the state to give each county sheriff a current list of qualifying hospitals.

Sen. Samra Brouk with Sens. Addabbo and Fernandez; Assemblymember Simon with three co-sponsors. Named for Jesse Hubert. S1000 was introduced January 8, 2025; the Assembly companion was not introduced until January 14, 2026. Both are in their chamber's Mental Health Committee. Read the bill →

The H.E.L.P. Act — widening who may evaluate

S10218
In Committee

Defines qualified clinical examiner and qualified mental health professional in the Mental Hygiene Law so that psychologists, psychiatric nurse practitioners and licensed clinical social workers — not physicians alone — can evaluate whether someone needs psychiatric hospitalization or AOT. It also requires psychiatric hospitals to coordinate with community providers and local officials at intake and discharge, and lets an adult shelter director request a resident's removal to a hospital or crisis stabilization centre.

Sen. Erik Bottcher, no co-sponsors. Introduced May 6, 2026 and referred to the Senate Mental Health Committee, its only recorded action. No Assembly companion. The full name is the Harness Expertise of Licensed Professionals Act. Read the bill →

A trained AOT petition filer in every facility

A6681
In Committee

Requires state-operated psychiatric hospitals, Article 28 hospitals and correctional facilities each to keep a staff member specifically trained in filing AOT petitions. It also bars releasing a person with a history of mental illness, or found to have one on a court-ordered evaluation, until they have been counselled on and registered with the services available to them.

Assemblymember Tannousis, no co-sponsors. Introduced March 6, 2025, re-referred January 7, 2026, and in the Assembly Mental Health Committee. No Senate companion this session. Read the bill →

Duty to protect, and practitioner liability

S6116 / A994
In Committee

Sets out what a mental health practitioner may do when a patient directly communicates a threat of serious, imminent harm to themselves or to a readily identifiable person, where the threat carries a serious intent to act and the ability to carry it out: modify the treatment, begin hospitalization procedures, warn the intended victim, or notify law enforcement. It protects practitioners who act in good faith and requires nothing that would endanger the practitioner or increase the danger to a potential victim.

Note: the Legislature's own summary says the bill requires reasonable efforts, while the operative text says a practitioner may make them. The printed short title also frames it as the protection of practitioners rather than a duty owed by them.

Sen. Kevin Parker with Sen. O'Mara; Assemblymember Steck. Introduced March 5, 2025 and January 8, 2025 respectively, both now in their chamber's Mental Health Committee. Read the bill →

Prisons, jails and confinement

Residential treatment instead of incarceration

S2406 / A1733
In Committee

Authorizes the Commissioner to designate residential treatment facilities — semi-secure, in the sponsor's description — for people with serious mental illness accused of at least one felony-level crime, to be used as an alternative to incarceration in place of state and local correctional facilities. Residents would receive psychiatric and therapeutic treatment there rather than in a jail or prison.

Sen. Luis Sepúlveda with Sen. Comrie; Assemblymember Weprin. In the Mental Health Committee of each chamber. A long-carried bill: it has been introduced in some form in every session since 2019–20. Read the bill →

One definition of serious mental illness in prison

S6335 / A3102
In Committee

Correction Law § 137 currently shields a fixed checklist of diagnoses — schizophrenia, psychotic disorders, major depression, bipolar I and II — from solitary-type confinement. These bills delete the checklist and point instead to the Mental Hygiene Law's general definition of a person with a serious mental illness, which turns on functional impairment rather than a diagnosis.

Sen. Luis Sepúlveda; Assemblymember Dilan with Assemblymembers Davila and Levenberg. S6335 is in the Senate Crime Victims, Crime and Correction Committee. A3102 was reported out of Correction in March 2025 and now sits in Assembly Ways and Means — a committee-to-committee referral, not a floor vote. Read the bill →

Removal from confinement to a treatment unit

S905 / A5941
In Committee

Would require the department, working with clinicians, to divert or remove anyone who has at any time been diagnosed with a serious mental illness out of segregated confinement or a residential rehabilitation unit and into a residential mental health treatment unit. The disciplinary case against the person still proceeds; only the placement changes.

Note: these two are not formally linked. Neither page lists the other as a companion, and their prior-session lineages are separate, so they are counterpart bills travelling on parallel tracks rather than a same-as pair.

Sen. Luis Sepúlveda; Assemblymember Dilan with Assemblymembers Shimsky and Levenberg. S905 is in Senate Crime Victims, Crime and Correction; A5941 is in Assembly Correction. Read the bill →

Repealing HALT and rewriting segregated confinement

S2656 / A3217
Defeated in Committee

Would repeal the 2021 HALT Act and restore the earlier solitary-confinement rules, citing rising prison violence. It narrows “segregated confinement” back to special housing and keeplock and removes residential rehabilitation units from the scheme; it stretches the mental-health assessment deadline in level three and four facilities from seven days to fourteen; and it reduces the required out-of-cell therapeutic treatment for people with serious mental illness from three hours daily to two hours a day, five days a week, while adding circumstances in which they may be placed on a restricted diet. It keeps a diversion-or-removal requirement but removes the residential rehabilitation unit as a destination.

Sen. Daniel Stec with seventeen or more co-sponsors; Assemblymember Simpson with roughly thirty-one. S2656 was defeated in the Senate Crime Victims, Crime and Correction Committee twice, 2–5 on May 13, 2025 and again 2–5 on May 5, 2026; the Senate's own status line nonetheless still reads “In Senate Committee,” because a committee defeat does not kill a bill. A3217 was held for consideration in Assembly Correction in April 2025 and remains there. Read the bill →

Housing, shelters and access to care

Serious mental illness in adult homes

S6782 / A3253
In Committee

Adds a new § 461-v to the Social Services Law specifying when the state may limit the census of people with serious mental illness living in an adult home. The sponsor's aim is to let people with SMI keep access to housing and services at certain not-for-profit adult homes notwithstanding the census cap imposed under the O'Toole settlement.

Sen. Robert Jackson; Assemblymember Eachus. Both sit in their chamber's Health Committee rather than Mental Health. Read the bill →

Mental illness training for temporary housing providers

S5505 / A1856
Passed Senate, Died in Assembly

Directs the Office of Temporary and Disability Assistance, with the Office of Mental Health and OCFS, to develop a mental illness training course for providers of temporary housing, focused on recognizing signs and symptoms. It reaches family and adult shelters, hotels, emergency apartments, domestic violence shelters, runaway and homeless youth shelters, and refugee safe houses.

Sen. Julia Salazar with Sens. Brisport and Gounardes. The Senate passed it 59–0 on June 12, 2025 and delivered it to the Assembly, where it died; it was returned to the Senate on January 7, 2026 and reported back to Senate Finance on May 12, 2026. Read the bill →

Crisis intervention demonstration programme

S5884 / A6407
In Committee

Adds Mental Hygiene Law § 7.51 directing the Commissioner of Mental Health to establish a crisis intervention demonstration programme in cities of a million or more — which means New York City — pairing trained crisis-response personnel with the response to mental health emergencies in place of a purely police response.

Sen. Andrew Lanza with Sens. Borrello and Rhoads; Assemblymember Walker. Both in their chamber's Mental Health Committee. The bill's act title says “crisis intervention team programme” while its text and summary say “demonstration programme”. Read the bill →

Task force on aging in place in mental health housing

S9869 / A5569
Passed Senate

Creates a nine-member task force within the Office of Mental Health to study whether residents of OMH-licensed and OMH-funded housing can stay where they are as they age, and what supports that would take. It reports to the Governor and Legislature within twelve months and dissolves thirty days later.

Sen. Samra Brouk with at least eight co-sponsors; Assemblymember Simon with four. The Senate passed S9869 61–0 on June 2, 2026 and delivered it to the Assembly. A5569 was reported out of Mental Health in February 2026 and sits in Assembly Ways and Means. Read the bill →

Mental health evaluations in addiction treatment

S10389 / A817
In Committee

Amends Mental Hygiene Law § 19.09 to require the Commissioner of the Office of Addiction Services and Supports to mandate mental health evaluations for people enrolled in substance use disorder treatment programmes, and to write the implementing regulations.

Sen. James Sanders Jr.; Assemblymember Steck with three co-sponsors. The chambers are out of step: A817 was prefiled January 8, 2025 and reported to Assembly Ways and Means on May 18, 2026, while S10389 was not introduced until May 15, 2026 and remains in Senate Mental Health. Read the bill →

Take action

Contacting your legislators

Every New Yorker has one state senator and one assemblymember. Find yours at nysenate.gov/find-my-senator and nyassembly.gov. A call to a district office takes about two minutes and is logged.

What works, in our experience and that of the state directors we work with: give the bill number for that legislator's own chamber, say you are a constituent and where you live, and say in one or two sentences what happened in your own family. Staff count calls by bill. A personal account from a constituent carries weight that a form letter does not.