2012 New York Consolidated Laws
MHY - Mental Hygiene
Title B - MENTAL HEALTH ACT
Article 9 - (9.01 - 9.63) HOSPITALIZATION OF THE MENTALLY ILL
9.41 - Emergency admissions for immediate observation, care, and treatment; powers of certain peace officers and police officers.


NY Ment Hygiene L § 9.41 (2012) What's This?
 
  * § 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 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  or  any  comprehensive  psychiatric
  emergency program specified in subdivision  (a)  of  section  9.40,  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.
    * NB Effective until July 1, 2016
  * § 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, 2016

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