2023 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, 2027
* § 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, 2027