KINGSTON, N.Y. — A bill sponsored by State Sen. Michelle Hinchey expanding access to mental health courts for people with mental illnesses who have been arrested has been signed into law by Gov. Kathy Hochul, according to a press release.
The bill, passed unanimously by the state Senate in its 2025 session, would allow people with mental illnesses who have been arrested and are currently going through the criminal court system to have their cases heard in a neighboring county’s mental health court if one isn’t available in their county.
Defendants seeking access to a mental health court if there isn’t one in their county can only access one when all parties agree, including the defense, district attorneys from both counties, and the receiving court, “to ensure a fair and collaborative process,” Hinchey, D-Saugerties, said in the release.
Sponsoring the bill in the Assembly was Assemblymember John McDonald, D-Cohoes.
In the release, Hinchey touted the bill as a step forward for mental health care.
“We’re thrilled the Governor has signed our bill to broaden access to mental health courts, opening the door to safer communities and a better path forward for folks who need treatment,” Hinchey said in a statement. “No one should be denied the chance to get mental health care that can change their future and prevent repeat offenses simply because of where they live if their county doesn’t have a mental health court. Our new law will help create a more equitable justice system that keeps our communities safe, and we’re grateful to have the support of the District Attorneys Association of the State of New York, DAs from across the state, and NAMI, whose partnership brought this to the finish line.”
In a statement, Ulster County District Attorney Emmanuel Nneji said the passing of the new law was “astounding news.”
“Those of us dealing with mental health policies and issues are grateful to Senator Hinchey and Assemblymember McDonald for championing this legislation that combines accountability with empathy and treatment for those who come into our criminal justice system with mental health needs,” Nneji said.