2023 New York Laws › MHY - Mental Hygiene › Title B - Mental Health Act › Article 9 - Hospitalization of Persons With a Mental Illness › 9.33 - Court Authorization to Retain an Involuntary Patient.

§ 9.33 Court authorization to retain an involuntary patient.
(a)  If  the  director shall determine that a patient admitted upon an
application supported by medical certification, for  whom  there  is  no
court  order authorizing retention for a specified period, is in need of
retention and if such patient does not agree to remain in such  hospital
as a voluntary patient, the director shall apply to the supreme court or
the  county  court  in  the  county where the hospital is located for an
order authorizing continued retention. Such application shall be made no
later than  sixty  days  from  the  date  of  involuntary  admission  on
application  supported  by medical certification or thirty days from the
date of an order denying an application for patient's  release  pursuant
to  section  9.31, whichever is later; and the hospital is authorized to
retain the patient for such further period during which the hospital  is
authorized  to make such application or during which the application may
be pending. The director shall cause written notice of such  application
to  be given the patient and a copy thereof shall be given personally or
by mail to the persons required by this article to be served with notice
of such patient's initial admission and  to  the  mental  hygiene  legal
service.  Such  notice  shall  state that a hearing may be requested and
that failure to make such a request within five days,  excluding  Sunday
and  holidays,  from  the  date that the notice was given to the patient
will permit  the  entry  without  a  hearing  of  an  order  authorizing
retention.
(b)  If  no  request  is  made  for a hearing on behalf of the patient
within five days, excluding Sunday and  holidays,  from  the  date  such
notice  of  such  application  was given such patient, and if the mental
hygiene legal service has not requested a hearing, the  court  receiving
the  application  may,  if satisfied that the patient requires continued
retention for care and treatment or transfer  and  continued  retention,
immediately  issue  an  order  authorizing  continued  retention of such
patient in such hospital for a period not to exceed six months from  the
date  of  the  order  or,  if  such patient is in a psychiatric hospital
operated by a political  subdivision  of  the  state  or  in  a  general
hospital,  such  order  may  direct  the transfer of such patient to the
jurisdiction of the department for retention in a hospital  operated  by
the  state  or  to  a  private  facility having an appropriate operating
certificate, to be retained therein for  a  period  not  to  exceed  six
months from the date of such order.
(c)  Upon the demand of the patient or of anyone on his behalf or upon
request of the mental hygiene legal service, the court shall, or may  on
its  own  motion, fix a date for the hearing of the application, in like
manner as is provided for hearings in section 9.31.  The  provisions  of
such  section  shall  apply to the procedure for obtaining and holding a
hearing and to the granting or refusal to grant an order of retention by
the court, except that if the patient has  already  had  a  hearing,  he
shall  not have the right to designate initially the county in which the
hearing shall be held.
(d) If the director of a hospital, in  which  a  patient  is  retained
pursuant  to the foregoing subdivisions of this section, shall determine
that the condition of such patient requires his further retention  in  a
hospital,  he  shall,  if  such patient does not agree to remain in such
hospital as a voluntary patient, apply during the  period  of  retention
authorized  by  the  last order of the court to the supreme court or the
county court in the county where the hospital is located  for  an  order
authorizing  further continued retention of such patient. The procedures
for obtaining any  order  pursuant  to  this  subdivision  shall  be  in
accordance  with  the  provisions  of the foregoing subdivisions of this
section; provided that the patient or anyone on his behalf or the mental

hygiene legal service may request that the patient be brought personally
before the court, in which case the court shall not grant an  order  for
periods  of  one  year or longer unless such patient shall have appeared
personally before the court. The period for continued retention pursuant
to  the  first  order  obtained  under  this subdivision shall authorize
further continued retention of the patient for not more  than  one  year
from  the  date  of  the  order.  The  period  for the further continued
retention of the patient authorized by any subsequent order  under  this
subdivision  shall  be for periods not to exceed two years each from the
date of the order.