Hochul says 2025 is the year to change involuntary commitment laws

Gov. Kathy Hochul announced on Friday that she plans to include in her executive budget legislation to expand involuntary mental health commitments and Kendra’s Law relating to court-ordered outpatient treatment. It came in the wake of several high-profile, random attacks in New York City’s subway. It’s not the first time that she has pitched such changes, which have faced opposition in the Legislature. But Hochul expressed confidence that she will reach a deal with legislative leaders, who did not outright dismiss the idea.

On Friday morning, Hochul released a lengthy statement about recent incidents of violence on the subway, including a woman getting burned to death on the F train and a man getting shoved in front of a 1 train. A number of recent subway attacks are believed to have been perpetrated by people suffering from severe and untreated mental illness – although the alleged perpetrators in both incidents don’t appear to have past involvement with the mental health system. In her statement, the governor said that she will seek changes to expand the ways the state could force those with severe mental illnesses into treatment. “I’ve been pushing these changes for the past three years – the time for legislative action is now,” she wrote. “Public safety is my top priority and I will do everything in my power to keep New Yorkers safe.”

Under current law, hospitals are able to involuntarily hold individuals who are believed to pose a threat to themselves or others. The law also permits a variety of other professionals, including police officers and mobile crisis outreach teams, to involuntarily commit people. After admittance to a hospital, a person can be held for up to 60 days if two physicians evaluate them and agree that they pose a threat. In her statement, Hochul said her proposal would expand that definition of harm to cover more people. 

Kendra’s Law, which has been in place since 1999, gives judges the authority to order people to undergo what’s called “assisted outpatient treatment” if they meet certain criteria related to assessed dangerousness and past treatment noncompliance, among other things. The law was named after a woman pushed in front of a subway. Hochul said she wanted new legislation “improving” the process by which courts can order outpatient treatment and making it easier to enter voluntary treatment programs.

Speaking to reporters at an unrelated event in Manhattan on Friday, Hochul said she “expect(s) to be successful” in her renewed push to expand involuntary commitments and introduce companion legislation to Kendra’s Law. “We need to change the laws, and we need to do it soon,” Hochul said. “And that's the urgency that I'm taking to the Legislature to say, ‘Enough is enough. Work with me this time, and let's get it done.’”

The governor was scarce on specifics, saying that she’ll release language in two weeks, when she is set to give her State of the State address. Hochul suggested that her proposed changes to the involuntary commitment law “will give more direction to the doctors” uncertain whether they can hold a patient they believe to be a threat to themselves or others. She added that the state needs to “add more teeth to those laws.”

Hochul has made improving mental health outcomes a cornerstone of her administration so far, and touted Friday $1 billion in investments she has made to improve care and get psychiatric beds back online at hospitals. In her first budget as governor, Hochul extended Kendra’s Law through 2027 and implemented “the most significant substantive amendments” to the law since 2005 – including a provision allowing for renewed court-ordered psychiatric intervention after a previous one expired if the mental illness “substantially interferes with or limits one or more major life activities.” She proposed the change in 2022 as part of a 10-point safety plan and succeeded in getting it approved despite opposition. People like New York City Mayor Eric Adams – who has also recently pushed for law changes to allow more involuntary commitments for the seriously mentally ill – have pushed to further strengthen Kendra’s Law. Though Hochul has supported those efforts, both related to Kendra’s Law and involuntary commitments, she has largely been rebuffed by lawmakers. Civil rights advocates and some in the mental health community have also argued against expanding those laws.

Hochul’s event on Friday was focused on affordability, and she was joined by both State Senate Majority Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie. The governor quipped that she hoped “there aren’t too many fights this year” and both legislative leaders said that the expressed a willingness to at least consider Hochul’s proposed changes to the law. Stewart-Cousins told reporters that she and Hochul spoke on Thursday, and Hochul provided a heads-up about her proposal to modify the involuntary commitment law. “As we've always said, certainly, public safety is extremely important, and we have been focused beyond any Legislature in the past in terms of mental health and how to make sure that people are getting the help they need,” Stewart-Cousins said. She wouldn’t say whether she or her conference would support the plan this year, but would look at the specifics “and we’ll go from there.” 

Stewart-Cousin’s chamber has been more open to changes to involuntary treatment laws than the Assembly. In 2022, when Hochul proposed extending and strengthening Kendra’s Law, the state Senate backed her pitch in its one-house proposal. The Assembly rejected it outright.

Assembly Speaker Heastie told reporters that he and Hochul have also spoken about her plan to expand involuntary commitments and Kendra’s Law. “It’s all in the language,” he said, but like Stewart-Cousins, wouldn’t say whether his chamber might be more willing to accept the changes this year. “I do think we have to really re-examine how we're handling some of the mental health issues,” Heastie said. He added that there has been “global acknowledgement” that more needs to be done, especially in light of recent incidents on the subway.

State Sen. Gustavo Rivera, who chairs his chamber’s Health Committee and also attended the Friday press conference, said in a statement that he is waiting to see specific language. “That being said, I fully recognize the concerns New Yorkers are having after recent disturbing crimes in our subway system,” Rivera said. “I’m committed to working with all relevant stakeholders to respond with evidence-based policies that will actually address the issue and ensure a safe public transportation system that all New Yorkers deserve.”

There may be an appetite for compromise on revising the state’s involuntary commitment laws and Kendra’s Law. State Sen. Brad Hoylman-Sigal and new Assembly Member Micah Lasher introduced legislation in November dubbed the Harness Expertise of Licensed Professionals (HELP) Act that would expand the pool of psychiatric health care professionals who can perform evaluations for involuntary commitments. It came after a severely mentally ill man stabbed three people to death in the course of a few hours in Manhattan. However, that bill already faces opposition from some mental health experts.