Int. No. 1018-A

By Council Members Lee, Powers, Rivera, Bottcher, Richardson Jordan, Louis, Menin, Restler, Ayala, Holden, Brewer, Ung, Joseph, Abreu, Farías, Avilés, Sanchez, Narcisse, Velázquez, Gutiérrez, Krishnan, Hanif, Brooks-Powers, Schulman, Gennaro, De La Rosa, Dinowitz, Marte, Won and Feliz

A Local Law to amend the administrative code of the city of New York, in relation to reporting on involuntary removals

Be it enacted by the Council as follows:

Section 1. The administrative code of the city of New York is amended by adding a new section 3-194 to read as follows:

§ 3-194 Report on involuntary removals. a. Definitions. For purposes of this section, the term “involuntary removal” means any removal of a person pursuant to subdivision (a) of section 9.41 of the mental hygiene law or subdivision (a) of section 9.58 of the mental hygiene law.

b. On or before January 1, 2025, and annually thereafter, the office, in coordination with the police department, the fire department, the department of health and mental hygiene, and other relevant agencies, shall provide to the speaker of the council and post on its website a report regarding involuntary removals conducted during the preceding calendar year. The report must include, to the extent such information is obtainable, but need not be limited to:

1. The number of involuntary removals conducted pursuant to subdivision (a) of section 9.41 of the mental hygiene law;

2. The number of involuntary removals conducted pursuant to subdivision (a) of section 9.58 of the mental hygiene law;

3. The number of 911 calls that resulted in the involuntary removal or transportation of an individual;

4. Information, in the aggregate, regarding the zip codes from which individuals subject to involuntary removal were removed, including whether an individual was removed from a private dwelling or a public space, such as a park or the public transportation system, or temporary emergency housing;

5. Demographic information, in the aggregate, of individuals subject to involuntary removal, including age, race, ethnicity, disability status, and whether such individuals were experiencing homelessness; and

6. Information, in the aggregate, regarding whether individuals subject to involuntary removal were transported, and, where available, were admitted, to a hospital, and if so, the names and addresses of each hospital to which such individuals were transported or admitted.

c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state, or local law relating to the privacy of individuals subject to involuntary removal or information related to such removal; interfere with law enforcement investigations; or otherwise conflict with the interests of law enforcement.

d. The office shall include an explanation in the report required by this section for the omission of any information required by subdivision b of this section, and include steps the office or relevant agency plans to take to obtain such information for future reports.

§ 2. This local law takes effect on the same date as a local law for the year 2023 amending the administrative code of the city of New York, relating to the office of community mental health maintaining access to an online services database, as proposed in introduction number 706-A, takes effect.

APM/SS

LS #11790+12216

6/14/2023 7:20pm