S 1000: Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.
The bill aims to provide a patient's right to choose a qualified hospital for involuntary emergency admission. A person taken into custody by a police officer can select a hospital to be admitted to, as long as it meets certain criteria, including having adequate space and staffing, and being within a 50-mile radius of the location of their detention. The department of mental hygiene will distribute a list of eligible hospitals to each county sheriff within 60 days of the bill's effective date, and update the list as hospitals gain or lose certification. The bill will take effect 90 days after it becomes a law.
| Jan. 07, 2026 | REFERRED TO MENTAL HEALTH |
| Jan. 08, 2025 | REFERRED TO MENTAL HEALTH |
STATE OF NEW YORK ________________________________________________________________________ 1000 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. BROUK -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to involuntary emer- gency admission of persons alleged to be mentally ill The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Jesse's law". 3 § 2. The mental hygiene law is amended by adding a new section 9.42 4 to read as follows: 5 § 9.42 Patient's right to choose a qualified hospital for involuntary 6 emergency admission. 7 In the event that a police officer or peace officer is involuntarily 8 removing a person to a hospital under the provisions of section 9.41 of 9 this article, that person may choose the hospital to which they are 10 admitted as long as the hospital meets the criteria specified in subdi- 11 vision (a) of section 9.39 of this article, has adequate space and 12 staffing, and is no more than fifty miles from the location at which the 13 person is taken into custody. 14 § 3. Within 60 days of the effective date of this act, the department 15 of mental hygiene shall distribute to each county sheriff a list of all 16 hospitals that meet the criteria specified in subdivision (a) of section 17 9.39 of the mental hygiene law. The department shall distribute an 18 updated list any time a hospital gains or loses 9.39 certification. 19 § 4. This act shall take effect on the ninetieth day after it shall 20 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01936-01-5