George Borrello

Proposed legislation in the State Senate would expand the scope of Kendra’s Law and broaden the standard for involuntary hospitalization of the most severely mentally ill.

State Senator George Borrello is co-sponsoring the legislation with Democratic Senator Diane Savino.
The legislation would strengthen Kendra’s Law by allowing longer hospital stays for people who fail to follow their court-mandated, assisted outpatient treatment. Current law allows for an involuntary 72-hour hospitalization. Borrello said in a release that this time frame is often inadequate to stabilize a patient. In these instances, the bill would allow mental health professionals to request longer hospital stays.

Kendra’s Law is named in honor of Kendra Webdale of Fredonia who was tragically killed by a man with a long history of schizophrenia in a subway-shoving incident in New York City in 1999. She was a friend and schoolmate of Senator Borrello’s during their years at Fredonia High School.

Another major component of the legislation would broaden the standard for involuntary hospitalization if an individual’s mental illness renders them unable to meet their own basic needs such as food, shelter, clothing or health care. This is the standard recognized by most other states.

Kendra’s Law was scheduled to sunset this summer, but Governor Kathy Hochul has proposed extending the law for another five years. She also is on board with making it easier to recommit someone who had fallen under the law’s jurisdiction in the past.

Borrello said, “The broader standard for inpatient hospitalization would bring New York into alignment with other states and recognize the common-sense truth that if your illness leaves you unable to meet the basic needs for survival, that constitutes as much of a ‘danger to yourself’ as being suicidal. Expanding this definition would allow us to help the seriously ill among our homeless population, giving these people a chance at a safer, more stable life.”

State Senator Catherine Young had several of her sponsored bills pass on Monday in Albany.

ALBANY – Lawmakers in Albany will try to address several issues before wrapping up their regular session and entering summer recess.

Among the issues on the agenda are medical marijuana, a higher minimum wage and efforts to combat heroin addiction. Legislators are also expected to consider hundreds of other bills before Thursday’s planned adjournment.

Among the measures that were passed in the Senate on Monday was a bill sponsored by Senator Cathy Young intended to strengthen “Kendra’s Law.” The measure requires all inmates with mental illness be given a psychiatric evaluation to see if Kendra’s Law is appropriate, before they are released.

According to Senator young, the bill would apply to cases like the recent one in Brooklyn, where a paranoid schizophrenic with a history of violence who refused treatment in prison, was released without counseling or medication, and days later allegedly stabbed two young children, killing one and injuring the other.

Currently, Kendra’s Law directs prison officials to evaluate mentally ill inmates before they’re discharged, and, if necessary, recommend that inmates be ordered into the Assisted Outpatient Treatment (AOT) program once they’re released.  However, that current requirement does not apply if the inmate refuses mental health services, as in the case in Brooklyn.

The legislation passed Monday by the Senate would close that loophole by requiring all inmates diagnosed with mental illness to be evaluated prior to release and placed in AOT.  Kendra’s Law is named in honor of Kendra Webdale, who grew up in Fredonia. In 1999, a man with a long history of schizophrenia stepped onto a busy subway platform in New York City and pushed Kendra in front of a train. The bill was sent to the Assembly.

The New York State Senate also passed legislation sponsored by Senator Young that would expand work release programs to allow eligible inmates, deemed not to be dangerous, to help with not-for-profit organizations and public service projects. The bill utilizes this work force productively to help communities while giving inmates job-training opportunities.

The bill has been sent to the Assembly.

Senator Young said that “based on reports from the media and witnesses, it appears that the attacker had been yelling and cursing at passersby on the subway platform. She added that the state need to expand and strengthen the laws and procedures that determine how and when people receive treatment for mental illness.

In an eerily similar incident in 1999, Kendra Webdale, a 32-year-old woman, was pushed in front of a subway train by a man with untreated schizophrenia who was roaming New York City streets.  “Kendra’s Law” was enacted in response to this tragedy. It put in place “Assisted Outpatient Treatment” (AOT) in New York, which allows courts to order severely mentally ill outpatients to comply with treatment, while directing counties to provide such treatment and monitor compliance.

However, deficiencies in the current law have been identified. Senator Young has been strongly advocating for eliminating those loopholes.