2023 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, 2027
* § 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, 2027