N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE General Provisions Relating to In-patient Facilities
New York Consolidated Laws

N.Y. Mental Hygiene Law § 29.19 (2026)

Powers and duties of peace officers acting pursuant to their special duties and police officers to apprehend, restrain, and transport per...

✓ text as retrieved May 2026 (this copy records no edition or section history)
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* § 29.19 Powers and duties of peace officers acting pursuant to their
            special duties and police officers to apprehend, restrain,
            and transport persons to facilities.
  A person who has been committed or admitted to a department facility
or a hospital licensed or operated by the office of mental health and
who has been reported as escaped therefrom or from lawful custody, or
who resists or evades lawful custody; and any patient for whom the
director of a hospital operated by the office of mental health, or the
director's designee, has terminated a conditional release and ordered
such patient to return to such facility; and any patient for whom a
director of an assisted outpatient treatment program, as defined in
subdivision (a) of section 9.60 of this chapter, or the director's
designee, or anyone designated pursuant to section 9.37 of this chapter,
has directed the removal to a hospital pursuant to subdivision (n) of
section 9.60 of this chapter, may be apprehended, restrained,
transported to, and returned to such school or hospital by any peace
officer, acting pursuant to his special duties, or any police officer
who is a member of an authorized police department or force or of a
sheriff's department, and it shall be the duty of any such officer to
assist any representative of a department or licensed facility, or an
assisted outpatient treatment program, to take into custody any such
person or patient upon the request of such representative, director or
designee.
  * NB Effective until June 30, 2027
* § 29.19 Powers and duties of peace officers acting pursuant to their
            special duties and police officers to apprehend, restrain,
            and transport persons to facilities.
  A person who has been committed or admitted to a department facility
and who has been reported as escaped therefrom or from lawful custody,
or who resists or evades lawful custody, may be apprehended, restrained,
transported to, and returned to such school or hospital by any peace
officer, acting pursuant to his special duties, or any police officer,
and it shall be the duty of any such officer to assist any
representative of a department facility to take into custody any such
person upon the request of such representative.
  * NB Effective June 30, 2027
Notes of Decisions
Cited in 5 cases, 1985–1990 · leading case: Santangelo v. State of NY, 521 N.E.2d 770 (N.Y. 1988).
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Santangelo v. State of NY, 521 N.E.2d 770 (N.Y. 1988). · cites it 2× “, Mental Hygiene Law § 29.19). Nor are police officers left unprotected by such a rule.”
Santangelo v. State, 127 A.D.2d 647 (N.Y. App. Div. 2d Dep't 1987). · cites it 2× “Here, the police officers expressly assumed the risks inherent in their profession based on the very nature of their duties, and, in particular, based on the statutory directive that police officers shall assist in the apprehension of escaped mental patients (see, Mental Hygiene…”
People v. Walter, 115 A.D.2d 52 (N.Y. App. Div. 4th Dep't 1986). “” The final sentence closely parallels Mental Hygiene Law § 29.19 which allows apprehension of a person committed or admitted to department facilities who has escaped from the facility or lawful custody.”
Santangelo v. State, 129 Misc. 2d 898 (1985). “, 26 AD2d 186 , supra; Krauth v Getter, 31 NJ 270, 157 A2d 29 , supra) and, as relevant to the instant claim, the statutory-directive that police officers shall assist in the apprehension of escaped mental patients (Mental Hygiene Law § 29.19). Indeed, it would serve only to…”
Duccilli v. Belko Steel Corp., 163 A.D.2d 89 (N.Y. App. Div. 1st Dep't 1990). “, Mental Hygiene Law § 29.19)”. The court emphasized the anomaly of permitting a recovery against the State under such circumstances because "allowing recovery against the State for injuries incurred while apprehending an escaped mental patient would result in the payment of…”
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