Adams renews bid for easier involuntary commitments after Manhattan stabbing deaths

In response to last week’s stabbing in Manhattan that left three people dead, Mayor Eric Adams is renewing his push for legislation in Albany that would clarify and expand the criteria for hospitalizing a person against their will for psychiatric care.

The mayor’s renewed call came even as he acknowledged state lawmakers had little support for the measure.

“We went back and forth to Albany to say, let’s put the (standard) legislation in place and give real clarity about the authority we have to deal with people with serious mental health issues,” Adams told reporters after the Nov. 18 attack. .

He added: “We’re getting ready to head into a new legislative session in Albany. “We must take those who cannot fend for themselves off our streets and give them the humane attention they deserve.”

Authorities said the attack was unprovoked and was carried out by a homeless man who had previously been less than law-abiding. The alleged perpetrator, 51-year-old Ramon Rivera, was captured by agents with the U.S. State Department’s Diplomatic Division. Security Serviceon East 42nd Street, near the United Nations, hours after the first attack occurred. Rivera’s lawyer requested that his client undergo an examination psychiatric evaluation before entering into a defense.

Adams seized upon incident as evidence of the need for stalled mental health reforms. The New York Civil Liberties Union and other critics argue that the measure violates an individual’s civil rights under state and federal law and further stigmatizes people who are homeless and struggling with mental health issues.

The bill put forward by Adams is known as: Supportive Interventions Act. This would codify guidance on involuntary commitments that the state Department of Mental Health provides in a statute. 2022 grade. The memo states that if a person is unable to meet their own basic needs, they may be forcibly transferred and admitted to a hospital for psychiatric care, and not just if they pose an imminent threat of physical harm to themselves or others.

The new law would also ease some of the other requirements for someone to be involuntarily admitted to a hospital or receive court-ordered outpatient treatment.

“This clearly establishes the standards for keeping a person for hospital care,” Adams said. “Openness ensures that people do not feel reluctant to make decisions.”

When the state proclamation on involuntary commitment is issued in 2022, Adams announced that police officers and outreach workers will begin using that interpretation of the law when deciding whether someone should be hospitalized against their will.

He managed to move forward with new protocols despite legal challenges and criticism from mental health and homeless advocates; but argues that the standard needs to be further clarified and adjusted through state legislation to be fully implemented.

Tension between police and doctors

An average of 126 people per week were involuntarily hospitalized in New York City between January and October of this year, according to the mayor’s office. But Adams said there is still some concern among police and clinicians about implementing the guidance he and Gov. Kathy Hochul have advocated.

Adams did it similar situation Calls were made last year for state lawmakers to pass the Supportive Interventions Act after Jordan Neely, a homeless man diagnosed with schizophrenia, was killed on the subway. Daniel Penny, a former Marine, is currently on trial in connection with Neely’s death.

Penny pleaded not guilty to involuntary manslaughter and criminally negligent homicide after forcing Neely to drown on an uptown F train in May 2023.

The victims of the Nov. 18 attack were Angel Lata Landi and Wilma Augustin, both 36, and Chang Wang, 67.

Despite Adams’ years-long advocacy campaign for the Supportive Interventions Act, the legislation has failed to gain traction in the state House over the past two legislative sessions and has yet to be introduced in the Senate.

State Sen. Jessica Scarcella-Spanton, a Democrat who represents Staten Island and South Brooklyn, said she plans to introduce it in her chambers next session after discussions with the mayor’s office.

Meanwhile, state Sen. Brad Hoylman-Sigal and newly elected state Assemblyman Micah Lasher, both Manhattan Democrats, have introduced an alternative bill known as the HELP Act.

It incorporates some provisions from the Supportive Interventions Act (such as expanding the types of mental health clinicians who can evaluate whether someone should be held for psychiatric care) but is not intended to replace the current standard for involuntary commitment.

“What was deemed possible in Albany is an important North Star in implementing new legislation,” Hoylman-Sigal said.

He added that he wanted to maintain the state’s current standard for involuntary commitment because of his “own values ​​and belief system” and because “I think that definition is considered sacrosanct by some of my colleagues.”

The Supportive Interventions Act will also make further changes to the Mental Hygiene Act. These include requiring clinicians to consider a person’s medical history and recent behavior when deciding whether to admit someone involuntarily, and adding shelter staff to the list of people who can take a person to the hospital against their will.

Hospitals will also be required to evaluate all psychiatric patients after discharge to determine whether they require court-ordered outpatient treatment. Noncompliance may result in patients returning to the hospital.

Both the Supportive Interventions Act and the HELP Act require community agencies to be notified if a person on their caseload is hospitalized for psychiatric care and included in the discharge planning process.

Asked about the RELIEF Act, mayoral spokesman William Fowler said, “We are grateful for this support, but we still believe we must go further to fully repair the treatment laws.”

‘Let’s go back to parliament’

Scarcella-Spanton said she believes she can persuade her colleagues to change the law.

“I’m very open too,” he said. “So if there are issues raised with the way the legislation is worded, I’m willing to work with my colleagues to get that to a place they’re comfortable with.”

But many critics continue to dismiss Adams’ focus on expanding involuntary mental health interventions.

“It’s about how do you remove people from public space so that everyone feels good and safe, but it doesn’t address the underlying problem,” said Beth Haroules, a staff attorney at the New York Civil Liberties Union. The NYCLU argues that Adams’ involuntary hospital transport policy risks violating people’s individual rights under state and federal law and increases prejudice against the homeless and those with mental illness.

Harloules said officials should instead focus on creating a comprehensive system that provides broader access to mental health services.

Dr. is the director of psychiatry at Janian Medical Care, which provides psychiatric services. Tony Carino said that when treating people on the street, the need for involuntary hospitalization for psychiatric care is rare, and people are more likely to need to go to the hospital for medical reasons. and social services for the homeless.

He added that his staff already works to coordinate with hospital staff on psychiatric evaluations and discharge planning if a client is hospitalized.

“We need to do more to bring (programs) to scale and have more permanent supportive housing, more intensive mobile treatment teams, more street psychiatry, we are working on those,” Carino said.

Hochul had previously tried to use the state budget to formally change the language regarding involuntary commitments, but I just succeeded Further incremental changes to state policies regarding court-ordered treatment.

Asked about last week’s stabbings, Hochul said, “I want people to know: I’m going to go back to the Legislature, I’m going to come back with every tool in my kit to find ways to resolve this situation because this is unacceptable.”