NY Ment Hygiene L § 9.43 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.43 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Courts.

* § 9.43 Emergency  assessment  for  immediate  observation,  care,  and            treatment; powers of courts.  (a) Whenever any court of inferior or general jurisdiction is informed by verified statement that a person is apparently mentally  ill  and  is conducting  himself  or herself in a manner which in a person who is not mentally ill would be deemed disorderly conduct or which  is  likely  to result  in  serious harm to himself or herself, such court shall issue a warrant directing that such person be brought before it. If,  when  said person  is  brought  before  the  court, it appears to the court, on the basis of evidence presented to it, that such person has or  may  have  a mental  illness  which is likely to result in serious harm to himself or herself or others, the court shall issue a civil order directing his  or her removal to any hospital specified in subdivision (a) of section 9.39 of  this  article  or  any  comprehensive  psychiatric emergency program specified in subdivision (a) of section 9.40 of this article, or to  any crisis  stabilization  center specified in section 36.01 of this chapter when the court deems such center is appropriate and  where  such  person voluntarily  agrees;  that  is  willing  to  receive  such  person for a determination by the  director  of  such  hospital,  program  or  center whether such person should be received therein pursuant to such section.  (b)  Whenever  a person before a court in a criminal action appears to have a mental illness which is likely  to  result  in  serious  harm  to himself  or  herself  or others and the court determines either that the crime has not been committed or that there is not  sufficient  cause  to believe  that such person is guilty thereof, the court may issue a civil order as above provided, and in such cases  the  criminal  action  shall terminate.   * NB Effective until July 1, 2024 * § 9.43 Emergency  admissions  for  immediate  observation,  care,  and            treatment; powers of courts.  (a) Whenever any court of inferior or general jurisdiction is informed by verified statement that a person is apparently mentally  ill  and  is conducting himself in a manner which in a person who is not mentally ill would  be  deemed  disorderly  conduct  or  which is likely to result in serious harm to himself or others as  defined  in  section  31.39,  such court shall issue a warrant directing that such person be brought before it.  If, when said person is brought before the court, it appears to the court, on the basis of evidence presented to it, that such person has or may have a mental illness which is likely to result in serious  harm  to himself  or  others,  the  court shall issue a civil order directing his removal to any hospital specified in subdivision (a)  of  section  31.39 willing  to  receive  such person for a determination by the director of such hospital whether such person should be retained therein pursuant to such section.  (b) Whenever a person before a court in a criminal action  appears  to have  a  mental  illness  which  is  likely to result in serious harm to himself or others and the court determines either that the crime has not been committed or that there is not sufficient  cause  to  believe  that such  person  is  guilty  thereof,  the court may issue a civil order as above provided, and in such cases the criminal action shall terminate.   * NB Effective July 1, 2024