proceeding to civilly commit Frank under New York Mental Hygiene Law
sought to have offenders civilly committed under Mental Hygiene Law
(158) If the director determines that the defendant remains in need of inpatient care and treatment, he may, before the expiration of such thirty-day period, apply for the defendant's retention as a civil patient pursuant to articles 9 or 15 of the Mental Hygiene Law. (159)
(204) The detailed statutory scheme, codified at CPL section 330.20, was intended to mirror the Mental Hygiene Law, but created "new procedures for aspects of post-verdict supervision" applicable only to defendants found not responsible by reason of mental disease or defect.
Outreach and education providers collaborating with a health care provider are also eligible, as well as other providers licensed under Article 28 of the Public Health Law or Article 31 of the Mental Hygiene Law
, and health and mental health practitioners licensed under title eight of the Education Law.
CASE FACTS: A psychiatric patient identified only as William Doe was brought before the New York courts to determine whether the should be retained pursuant to the state's Mental Hygiene Law
. Mohawk Valley Psychiatric Center requested an order of retention for a two-year period.
The issue with which the court was confronted was whether a Nurse Practitioner's testimony was sufficient to make a Prima Facie case (under New York's Mental Hygiene Law
) for a Court Order to administer the medication Lithium over a patient's objection.
The court held that the county prison's High Impact Incarceration Program (HIIP) was a "substance abuse program" governed by state Mental Hygiene Law
. The program involved sixty days of intensive therapy and a six-month aftercare phase.
The law amends section 43.03 of the Mental Hygiene Law
to ensure that a supplemental needs trust will not be subject to claims by the state for the cost of services provided to the beneficiary by the Department of Mental Hygiene.
Some areas of appellate practice are quasi-criminal in nature, such as civil management (Mental Hygiene Law
article 10) and SORA, may be treated differently from strictly criminal appeals.
to provide alcohol and substance abuse counseling services pursuant to the mental hygiene law
Like much of the country, for a long time New York viewed an individual's competence as a "black and white." (62) During the 1960s, New York's only procedure for appointing a surrogate decision maker for a person without capacity was Article 78 of the Mental Hygiene Law
. (63) Article 78 provided for the appointment of a committee (64) of the person or property, or both, based on a judicial determination that the person was "incompetent"--a term the statute did not define.