N.Y. MHY Law § 9.43 — New York Code / Act MHY / Title B / Article 9 / Section 9.43
Emergency assessment for immediate observation, care, and treatment; powers of courts
Status: in_force

* § 9.43 Emergency assessment for immediate observation, care, and\n           treatment; powers of courts.\n  (a) Whenever any court of inferior or general jurisdiction is informed\nby verified statement that a person is apparently mentally ill and is\nconducting himself or herself in a manner which in a person who is not\nmentally ill would be deemed disorderly conduct or which is likely to\nresult in serious harm to himself or herself, such court shall issue a\nwarrant directing that such person be brought before it. If, when said\nperson is brought before the court, it appears to the court, on the\nbasis of evidence presented to it, that such person has or may have a\nmental illness which is likely to result in serious harm to himself or\nherself or others, the court shall issue a civil order directing his or\nher removal to any hospital specified in subdivision (a) of section 9.39\nof this article or any comprehensive psychiatric emergency program\nspecified in subdivision (a) of section 9.40 of this article, or to any\ncrisis stabilization center specified in section 36.01 of this chapter\nwhen the court deems such center is appropriate and where such person\nvoluntarily agrees; that is willing to receive such person for a\ndetermination by the director of such hospital, program or center\nwhether such person should be received therein pursuant to such section.\n  (b) Whenever a person before a court in a criminal action appears to\nhave a mental illness which is likely to result in serious harm to\nhimself or herself or others and the court determines either that the\ncrime has not been committed or that there is not sufficient cause to\nbelieve that such person is guilty thereof, the court may issue a civil\norder as above provided, and in such cases the criminal action shall\nterminate.\n  * NB Effective until July 1, 2027\n* § 9.43 Emergency admissions for immediate observation, care, and\n           treatment; powers of courts.\n  (a) Whenever any court of inferior or general jurisdiction is informed\nby verified statement that a person is apparently mentally ill and is\nconducting himself in a manner which in a person who is not mentally ill\nwould be deemed disorderly conduct or which is likely to result in\nserious harm to himself or others as defined in section 31.39, such\ncourt shall issue a warrant directing that such person be brought before\nit. If, when said person is brought before the court, it appears to the\ncourt, on the basis of evidence presented to it, that such person has or\nmay have a mental illness which is likely to result in serious harm to\nhimself or others, the court shall issue a civil order directing his\nremoval to any hospital specified in subdivision (a) of section 31.39\nwilling to receive such person for a determination by the director of\nsuch hospital whether such person should be retained therein pursuant to\nsuch section.\n  (b) Whenever a person before a court in a criminal action appears to\nhave a mental illness which is likely to result in serious harm to\nhimself or others and the court determines either that the crime has not\nbeen committed or that there is not sufficient cause to believe that\nsuch person is guilty thereof, the court may issue a civil order as\nabove provided, and in such cases the criminal action shall terminate.\n  * NB Effective July 1, 2027\n