N.Y. MHY Law § 9.41 — New York Code / Act MHY / Title B / Article 9 / Section 9.41
Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers
Status: in_force

* § 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