NY Must Amend Laws on Involuntary Commitment to Mental Health Treatment
In New York, mental health crises are becoming increasingly visible – on our streets and subways, in our hospitals, and, tragically, in news headlines. Incidents involving untreated mental illness have surged, highlighting the urgent need for reform. As a lawmaker committed to public safety and a former Chairman of the Committee on Mental Health, I believe it is time to update our laws on involuntary commitment to better protect our communities and provide compassionate care to those in need.
We’ve seen more and more news reports of violent attacks and come to find out that more often, the suspect is suffering from some form of mental illness.
We must act now to reverse this dangerous trend. The mental health crisis we are facing should not be a partisan issue, and the state legislature needs to take action as quickly as possible to address it.
I often do not agree with Governor Hochul on how to address the many challenges facing our state, but her proposal to expand involuntary commitment is a step toward addressing this crisis.
Under current law in New York, a person can only be involuntarily committed if they are deemed a threat to themselves or others. If two physicians determine that the person should be admitted, they can be held for up to 60 days.
The governor’s proposed legislation would expand involuntary commitment to individuals who do not possess the mental capacity to care for themselves, such as refusing help with basics – clothing, food, shelter, and medical care. This would also help connect homeless individuals with services and housing.
Some individuals may not appear to be immediate threats, but when someone is unable to care for their basic needs, their mental state is often more fragile than it seems. By intervening early and connecting them with essential resources, we can prevent crises before they occur—turning potential tragedies into opportunities for recovery and stability.
It is worth noting that New York is one of only three states lacking explicit statutory recognition for the inability to meet basic needs as a form of danger to self. Additionally, a growing body of research suggests that the longer a person remains in a state of untreated psychosis, the less likely they are to recover.
Someone may not realize that they need help. This legislation would give individuals a chance to recover and prepare them to return to their community.
This legislation also addresses a key issue facing mental health facilities – a lack of qualified staff. Hospital staff and physicians are not uniquely qualified to diagnose mental illness and assess the likelihood of serious harm. The legislation would allow clinicians such as psychologists, psychiatric nurse practitioners, and licensed clinical social workers to perform this essential function.
While this legislation won’t solve the mental health crisis overnight, this effort is a meaningful step in the right direction. I urge my colleagues in the legislature to stand up for vulnerable individuals and enhance public safety by supporting this legislation in the upcoming state budget.
Rob Ortt is the New York State Senate Minority Leader.
