NY Ment Hygiene L § 9.41 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.41 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Certain Peace Officers and Police Officers.

* § 9.41 Emergency  assessment  for  immediate  observation,  care,  and            treatment;  powers  of  certain  peace  officers  and  police            officers.  (a)  Any  peace  officer,  when  acting pursuant to his or her special duties, or police officer who is a member of the state police or  of  an authorized  police  department or force or of a sheriff's department may take into custody any person who appears  to  be  mentally  ill  and  is conducting  himself  or herself in a manner which is likely to result in serious harm to the person  or  others.  Such  officer  may  direct  the removal of such person or remove him or her 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 pending his or her examination or admission to any such hospital or program, temporarily  detain  any  such  person  in another  safe  and comfortable place, in which event, such officer shall immediately notify the director of community services or,  if  there  be none, the health officer of the city or county of such action.  (b)  A  person  otherwise  determined  to  meet  the  criteria  for an emergency assessment pursuant to this section may voluntarily  agree  to be  transported  to a crisis stabilization center under section 36.01 of this chapter for  care  and  treatment  and,  in  accordance  with  this article,  an  assessment  by  the crisis stabilization center determines that they are able to meet the service needs of the person.   * NB Effective until July 1, 2024 * § 9.41 Emergency  admissions  for  immediate  observation,  care,  and            treatment;  powers  of  certain  peace  officers  and  police            officers.   Any peace officer, when acting pursuant  to  his  special  duties,  or police  officer  who is a member of the state police or of an authorized police department or force or of a sheriff's department  may  take  into custody  any  person  who  appears  to be mentally ill and is conducting himself in a manner which is likely to result in serious harm to himself or others.   "Likelihood to result  in  serious  harm"  shall  mean  (1) substantial risk of physical harm to himself as manifested by threats of or  attempts  at  suicide  or  serious  bodily  harm  or  other  conduct demonstrating that he is dangerous to himself, or (2) a substantial risk of physical harm to other persons as manifested by  homicidal  or  other violent  behavior  by  which  others  are  placed  in reasonable fear of serious physical harm.   Such officer may direct  the  removal  of  such person  or  remove  him  to any hospital specified in subdivision (a) of section 9.39 or, pending  his  examination  or  admission  to  any  such hospital,  temporarily  detain  any  such  person  in  another  safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if  there  be  none,  the  health officer of the city or county of such action.   * NB Effective July 1, 2024