Sen. George Borrello, R-Sunset Bay, wanted to go a step further and make Kendra’s Law permanent to bring an end to the regular process of convincing state legislators of the need for Kendra’s Law. During a Senate session lasting more than seven hours Friday, Borrello made one more attempt to make Kendra’s Law permanent by introducing an amendment on the Senate floor to replace the legislation being discussed as part of the budget. Borrello’s amendment failed along party lines.

“We should as legislators be interested in protecting everyone in New York,” Borrello said. “We should be concerned about the rise in mental illness that has plagued our state, particularly during the pandemic. This amendment would make Kendra’s Law permanent. Kendra’s Law has been effective but underutilized in addressing those with severe mental illness while still addressing assisted outpatient treatment. It has helped them get the help they need while also ensuring there is not the stigma of getting mental health treatment.”

Borrello has talked often on the Senate floor and during committee meetings about Kendra’s Law. Kendra’s Law is named in honor of Kendra Webdale of Fredonia, New York, 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 Borrello’s during their years at Fredonia High School.

He has vocally backed legislation proposed by Sen. Diane Savino, R-Staten Island.

Submitted Photo Fredonia native Kendra Webdale, shown in this Sept. 15, 1998, photo. New York passed passed Kendra’s Law law on a trial basis in 1999, when 32-year-old Kendra Webdale was pushed in front of a subway train by a man living with untreated schizophrenia.

Legislation approved in both houses of the state Legislature on Friday extends Kendra’s Law through 2027 while making amendments to the law that Gov. Kathy Hochul said will help assisted outpatient treatment orders function more effectively, remove procedural bars, and increase coordination between service providers. Physicians will now be able to testify virtually. Courts will be able to issue assisted outpatient treatment orders for individuals whose symptoms have worsened and hospitals will be required to share patient information with the mental health professionals responsible for supervising assisted outpatient treatment orders.

Additionally, the state will conduct an independent study on mental health treatment outcomes for individuals on AOT compared to individuals receiving voluntary services by June 30, 2026.

Courts will be able to order psychiatric assessment for individuals who appear, by clear and convincing evidence, to be mentally ill such that if left unattended their conduct may result in harm to themselves or others. Upon assessment and determination by a physician, individuals may be subject to involuntary commitment in accordance with the state’s Mental Hygiene Law. Additionally, judges will have access to assessment summaries to ensure compliance with any conditions of release, including essential treatment and services.

One reason for Borrello’s amendment is the removal of Kendra’s Law changes from the 2021-22 state budget. Last year, former Gov. Andrew Cuomo and his fellow Democrats were unable to find common ground on proposals to strengthen the law, with legislative Democrats choosing instead to establish crisis stabilization centers and reject Cuomo’s proposed changes to Kendra’s Law and standards for involuntary admission to an Office for Mental Health inpatient facility.

“We’ve talked a lot about what we can do to curb violence and that’s something we’re going to to talk about a little bit more,” Borrello said. “But those who need help should be able to get that help and those professionals that can evaluate someone and determine what kind of help they can get should have that opportunity and that is what Kendra’s Law does. This should not be something we have to wring our hands over to ensure that it’s going to be renewed or have it held hostage as part of a negotiation. It indeed should be permanent.”

Also approved in the budget is are investments in mental health services and treatment, according to Hochul’s office. They include:

¯ $35 million to prepare New York for the nationwide launch of 9-8-8, the suicide prevention and behavioral health crisis hotline system, increasing to $60 million in 2024;

¯ $55 million ($27.5 million in state funds plus federal matching dollars) for hospitals to bring up to 1,000 inpatient psychiatric beds back online;

¯ $11.3 million to launch the Governor’s Safe Options Support (SOS) homeless outreach teams comprised of mental health specialists to conduct direct one-on-one outreach to New Yorkers experiencing homelessness, ramping up to the full annual investment of $21.5 million starting in FY2024;

¯ $12.5 million for 500 dedicated scattered site supportive housing beds to more quickly transition those in crisis from the streets, subways, and shelters to stable housing;

¯ An additional $10 million in crisis response infrastructure investment;

¯ A restoration of $10.2 million in funding for OMH State-Operated Psychiatric Centers to ensure adequate staffing and capacity; and

¯ $9 million to launch a loan forgiveness program to recruit psychiatrists and psychiatric nurse practitioners.