A new report commissioned by the state Legislature recommends some changes to New York’s court-ordered mental health treatment program as the law comes up for renewal next year.
Kendra’s Law, adopted in 1999, was named for Kendra Webdale, a woman killed in New York City after being pushed onto subway tracks by a mentally ill man.
Under the law, judges can order assisted outpatient treatment for people determined to be at risk of harming themselves or others. The law has faced criticism over the years from both those who think it infringes on people’s rights, and from others who think it doesn’t adequately protect the public.
Researchers at University of Pittsburgh and the Human Services Research Institute found those who went through voluntary treatment mostly had similar outcomes to those who went through court-mandated treatment.
The report also highlighted concerns about due process and racial disparities, according to University of Pittsburgh professor Nev Jones, one of the report’s co-authors.
“I think part of the argument there, part of the conclusion there, is that it is really debatable whether the coercive mandate … stripping people of their civil rights, compromising their liberty interests, is really justified when you're seeing essentially equivalent gains and benefits from individuals receiving voluntary services,” Jones said.
The report recommends expanding access to voluntary services, increasing the quality of legal representation and investing in long-term evaluations, among other proposals.
The state Office of Mental Health is reviewing the report and its recommendations, but officials cited areas where there were positive benefits to court-ordered treatment, including housing status and reducing harm to others.
“For this very small group of people for whom it is appropriate, it is a really important tool in the toolbox, and we want to be sure that it continues to be available for those who need it,” Dr. Miriam Tepper, the office’s chief medical officer, said during an appearance on WCNY’s The Capitol Pressroom.
Lawmakers ordered the independent report when Kendra’s Law was last up for renewal in 2022. The Legislature must decide next year whether to renew the law.
“My office will continue to work with OMH and advocates to determine how we can best implement recommendations from the report to protect individuals in our mental health system,” said Sen. Samra Brouk, D-Rochester, who leads the Senate’s Mental Health Committee. “In the next legislative session, I will once again fight for person-centered, voluntary solutions in next year's state budget so that people who need mental health or substance use care have options other than AOT.”
Others are urging the state to focus more on access to services, in light of the report.
“And I think the researchers really proved that many people are seeking these services and feel that you know are told essentially that the only way they can get them is through the court order,” said Luke Sikinyi, the vice president of public policy with the Alliance for Rights and Recovery.
Some of the recommendations could potentially be handled by OMH, Tepper said, but others fall under the jurisdiction of other agencies or would need to be addressed by statute.
