“SUPPORT Act,” Will Require Hospitals and Other Mental Health Facilities to Refer Patients for Services Before Release
Manhattan District Attorney Alvin L. Bragg, Jr., New York State Senator Brad Hoylman-Sigal, and New York State Assemblymember Tony Simone today applauded Governor Kathy Hochul for signing Bill S1744A/A2440A, the Support and Provide Psychiatric Outreach and Rehabilitative Treatment Act, or “SUPPORT Act,” which will aim to reduce recidivism by creating a mechanism for the first time to ensure oversight and accountability for individuals involved in the criminal justice system who are released from psychiatric care.
The bill will ensure a continuum of care to support the long-term stability of people living with serious mental illness who are returning to our communities from psychiatric hospitalization after being found unfit to stand trial.
Under New York State law, when an individual charged with a misdemeanor crime is found unfit to stand trial due to mental disease or defect, that case is automatically dismissed by operation of law. Before this legislation was passed, these individuals were released from hospitals and other facilities without oversight and accountability for the discharge plan, which often includes immediate connections to temporary and supportive housing, and continuing psychiatric and other medical care. The SUPPORT Act requires that the hospital make a referral to the agency overseeing the Single Point of Access (“SPOA”) or other appropriate outpatient services.
Comprehensive mental health care and stabilization reduce both recidivism, and the likelihood that the individual will be the victim of a crime.
The legislation also requires robust reporting obligations for hospitals, including the number of individuals committed to observation, length of say, and information on service referrals.
Manhattan District Attorney Alvin Bragg, Jr.: “Each year, hundreds of New Yorkers are found unfit to stand trial and quickly returned to their communities without adequate supports to prevent the same thing from happening again and again. By signing the SUPPORT Act, Governor Hochul is helping ensure that New Yorkers don’t fall through the cracks of our mental healthcare safety net. I thank the Governor for taking this important step, and applaud our partners on this legislation – New York State Senator Brad Hoylman-Sigal and New York State Assemblymember Tony Simone – for their never-ceasing advocacy. I look forward to working with all of our legislative partners next year to (keep improving our mental health infrastructure to ensure a continuum of care and long-term stability for people living with serious mental illness.”
State Senator Brad Hoylman-Sigal: “I’ll never forget meeting the parents of Michelle Go, who was killed on January 15, 2022, when she was shoved in front of a subway train by a man with a long history of mental illness. Thanks in part to their support of our legislation, the SUPPORT Act, we can start ensuring continuity of care for the most vulnerable populations. For too long, cases involving individuals found unfit to stand trial due to mental disease or defect have been routinely dismissed without adequate planning or support at the point of discharge. That isn’t justice or compassion. The SUPPORT Act is a commonsense and critical step to strengthen discharge planning and transparency and to provide resource scaffolding for people leaving the criminal justice system and inpatient care at a moment of profound vulnerability. At a time when New Yorkers are deeply alarmed by incidents of stranger-on-stranger violence, it’s clear that public safety and access to mental health care are inseparable. I’m grateful to Justin Go, father of Michelle, along with Governor Kathy Hochul for signing this bill into law, Assembly Member Tony Simone and Manhattan District Attorney Alvin Bragg for their collaboration, and Majority Leader Andrea Stewart-Cousins for making this legislation a priority. Today marks an important step towards making sure that New Yorkers struggling with mental health receive the treatment they deserve.”
Assemblymember Tony Simone: “In partnership with State Senator Brad Hoylman-Sigal and Manhattan District Attorney Alvin Bragg, I began this year with a focus on mental health reform. The SUPPORT Act will mandate mental health care after a hospital discharge for those found unfit to stand trial on misdemeanor charges and strengthen reporting from the state in these cases. Ensuring care after a minor charge will reduce the chances of later more extreme crimes involving people struggling with a severe mental illness, such as the tragic subway pushing of Michelle Go. I am grateful for Governor Hochul’s leadership in combatting the mental health crisis and look forward to continuing our State’s focus on the mental health crisis in the next session.”
Dismissals Under CPL 730
In New York State, an individual’s ability to proceed to trial is regulated by Criminal Procedure Law 730. The Court may order an examination under this law to determine if defendants are “unfit” and as a result, are unable to understand the proceedings against them or assist in their own defense.
If an individual charged with a felony offense is found unfit to stand trial, that person is committed to a mental health facility where they engage in treatment until they are found fit to proceed and the prosecution continues.
If an individual charged with a misdemeanor or violation – including Assault in the 3rd Degree, Aggravated Harassment, Trespassing, Petit Larceny, among many others – is found unfit to stand trial, the case against them is automatically dismissed by operation of law.
In 2024, 257 misdemeanor cases were dismissed by operation of law in Manhattan alone after the defendants were found unfit to stand trial. In 2023, there were 274 misdemeanor dismissals in Manhattan due to findings of mental unfitness.
Ensuring a Continuum of Care
Once the case against an individual is dismissed by operation of law, that person may be released from the facility that conducted the 730 exam within three days. Frequently, there is no scaffolding surrounding that person upon release to ensure long-term stability, increasing the likelihood that that person will reoffend.
The SUPPORT Act will provide that necessary scaffolding for both the individual’s wellbeing and the safety of our communities by connecting the individual to appropriate treatment and support services.
Every county in New York State has established a SPOA process to connect referred individuals with the care management and services appropriate to support them. The treatment and programming accessible through SPOA include Non-Medicaid Care Coordination, Assertive Community Treatment, and Intensive Mobile Treatment. SPOA can also assist individuals with housing referrals.
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