Kendra's Law

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Kendra's Law is a New York State law concerning involuntary outpatient commitment. This piece of legislation grants judges the authority to issue orders that require people receiving mental health services to take psychiatric drugs, regularly undergo psychiatric treatment, or both. Failure to comply could result in commitment for up to 72 hours.

Background

Two similar subway assaults occurred in the New York City subway in 1999. In each, a man diagnosed with schizophrenia pushed a person into the path of an oncoming train. An assault by Julio Perez, age 43, caused the amputation of Edgar Rivera's legs. The assault by Andrew Goldstein, age 29, killed Kendra Webdale. Both men had been dismissed by psychiatric facilities with little or no medication. One of the men was homeless and the other had repeatedly sought a supervised living arrangement.

Kendra's law, introduced by Governor George E. Pataki, was created as a response to these incidents.[1] In 2005, the law was extended for 5 years. [2]

Support

E. Fuller Torrey, founder of the Treatment Advocacy Center, lobbied heavily in support of of Kendra's Law.

Opposition

Kendra's law is opposed for different reasons by many groups, most notably the Anti-Psychiatry movement and the New York Civil Liberties Union. Opponents say that the law has harmed the mental health system, because it can scare patients away from seeking treatment.[3] The implementation of the law is also criticized as being racially and socioeconomically biased.[4][5]

References

  1. McMan's Depression and Bipolar Web, "Kendra's Law", http://www.mcmanweb.com/article-66.htm
  2. New York Civil Liberties Union, "State Lawmakers Extend Kendra's Law For 5 Years, Despite Concerns That It Targets Men Of Color" http://www.nyclu.org/aot_program_pr_062305.html
  3. NYCLU Testimony On Extending Kendra's Law http://www.nyclu.org/aot_program_tstmny_040805.html
  4. New York Lawyers for the Public Interest, Inc., "Implementation of Kendra's Law is Severely Biased" (April 7, 2005) http://nylpi.org/pub/Kendras_Law_04-07-05.pdf (PDF)
  5. NYCLU Testimony On Extending Kendra's Law http://www.nyclu.org/aot_program_tstmny_040805.html

External links

See also

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