New York Consolidated Laws
N.Y. Mental Hygiene Law § 9.41 (2026)
Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers
✓ current as of May 2026
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* § 9.41 Emergency assessment for immediate observation, care, and treatment; powers of certain peace officers and police officers. (a) Any peace officer, when acting pursuant to their special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff's department may take into custody any person who appears to be mentally ill and is conducting themself in a manner which is likely to result in serious harm to the person or others. Such officer may direct the removal of such person or remove such person to any hospital specified in subdivision (a) of section 9.39 of this article, or any comprehensive psychiatric emergency program specified in subdivision (a) of section 9.40 of this article, or pending such person's examination or admission to any such hospital or program, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action. Provided, however, a peace officer or police officer directing the removal of a person who is conducting themself in a manner which is likely to result in serious harm as defined by paragraph three of subdivision (c) of section 9.01 of this chapter, shall request the transport of such person be conducted by emergency medical services, if practicable based on: the person's potential medical needs and the capacity limits of the local emergency medical services agencies, as determined by the local emergency medical services agencies; and the safety of the person being removed, as determined by the officer. (b) A person otherwise determined to meet the criteria for an emergency assessment pursuant to this section may voluntarily agree to be transported to a crisis stabilization center under section 36.01 of this chapter for care and treatment and, in accordance with this article, an assessment by the crisis stabilization center determines that they are able to meet the service needs of the person. * NB Effective until July 1, 2027 * § 9.41 Emergency admissions for immediate observation, care, and treatment; powers of certain peace officers and police officers. Any peace officer, when acting pursuant to their special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriff's department may take into custody any person who appears to be mentally ill and is conducting themself in a manner which is likely to result in serious harm to themself or others. Such officer may direct the removal of such person or remove such person to any hospital specified in subdivision (a) of section 9.39 of this article or, pending such person's examination or admission to any such hospital, temporarily detain any such person in another safe and comfortable place, in which event, such officer shall immediately notify the director of community services or, if there be none, the health officer of the city or county of such action. Provided, however, a peace officer or police officer directing the removal of a person who is conducting themself in a manner which is likely to result in serious harm as defined by paragraph three of subdivision (c) of section 9.01 of this article, shall request the transport of such person be conducted by emergency medical services, if practicable based on: the person's potential medical needs and the capacity limits of the local emergency medical services agencies, as determined by the local emergency medical services agencies; and the safety of the person being removed, as determined by the officer. * NB Effective July 1, 2027
Notes of Decisions
Cited in 58
cases (18 in the last 5 years), 1988–2025 · leading case: Disability Advocates, Inc. v. McMahon, 279 F. Supp. 2d 158 (N.D.N.Y. 2003).
Disability Advocates, Inc. v. McMahon, 279 F. Supp. 2d 158 (N.D.N.Y. 2003). “§ 794 , arising out of the New York State Police’s 1 (“police”) utilizing an Arrest Report form, performing certain checks of police databases, and sending a “File 13” in connection with detentions pursuant to N.Y. Mental Hyg. Law § 9.41 (“section 9.41”).”
Thomas v. Kelly, 903 F. Supp. 2d 237 (S.D.N.Y. 2012). “The defendants’ theory of the case was that the officers had probable cause to arrest Thomas under N.Y. Mental Hygiene Law § 9.41 in order to transport him to a hospital for psychiatric evaluation because Thomas’s behavior was consistent with that of an emotionally disturbed…”
Greenaway v. Cnty. of Nassau, 97 F. Supp. 3d 225 (E.D.N.Y 2015). “” N.Y. Mental Hyg. Law § 9.41 . Where the plaintiff has been involuntarily confined under N.”
Heller v. Bedford Cent. Sch. Dist., 144 F. Supp. 3d 596 (S.D.N.Y. 2015). “” N.Y. Mental Hyg. Law § 9.41 . 15 The statute defines the phrase “likely to result in serious harm” as: (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person…”
People v. McCray, 96 A.D.3d 1160 (N.Y. App. Div. 2012). “Initially, defendant contends that, although the People proved at trial that by attempting to take the gun away from him the trooper was engaged in a lawful duty pursuant to Mental Hygiene Law § 9.41, * defendant intentionally attempted to prevent the trooper from performing…”
People v. McCottery, 90 A.D.3d 1323 (N.Y. App. Div. 2011). “The police were not required to take defendant into custody pursuant to Mental Hygiene Law § 9.41, and their failure to do so does not require dismissal of the indictment.”
Hoffman v. Cnty. of Delaware, 41 F. Supp. 2d 195 (N.D.N.Y. 1999). “Hamilton told Hoffman about his conversation with Blot and that he was performing an assessment pursuant to N.Y. Mental Hyg. Law § 9.41 . 2 He also offered Hoffman mental health and/or social services to assist him in resolving his anger, frustration, and hostility.”
Payne v. Jones, 711 F.3d 85 (2d Cir. 2013). “Because of Payne’s combativeness, responding officers Brandon Jones and John Abel placed him under arrest pursuant to N.Y. Mental Hygiene Law § 9.41 , which authorizes the arrest of a person who appears to be mentally ill and acts in a manner likely to result in serious harm to…”
Greenaway v. Cnty. of Nassau, 327 F. Supp. 3d 552 (E.D.N.Y 2018). “" 6 See N.Y. Mental Hyg. Law § 9.41 (McKinney). Training would also assist an officer in deciding whether to use or order the use of force to involuntarily confine someone; particularly where the confinement in the first instance may not be lawful.”
Smolian v. Port Auth. of N.Y. & N.J., 128 A.D.3d 796 (N.Y. App. Div. 2015). “That provision states, in relevant part, that “[a]ny peace officer, when acting pursuant to his or her special duties, or police officer who is a member of the state police or of an authorized police department or force or of a sheriffs department may take into custody any…”
Schoolcraft v. City of New York, 103 F. Supp. 3d 465 (S.D.N.Y. 2015). “N.Y. Mental Hyg. Law § 9.41 . The phrase “likely to result in serious harm” is defined as: (a) a substantial risk of physical harm to the person as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the person is dangerous…”
Thomas v. City of New York, 293 F.R.D. 498 (S.D.N.Y. 2013). “Defendants justify their actions as consistent with the procedure for detaining Thomas as an emotionally disturbed person who posed a danger to himself and others pursuant to N.Y. Mental Hygiene Law § 9.41 . 1 Thomas contends that the officers overreacted to a routine domestic…”
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