Gov. Hochul Must Take a Firm Stand Against Lawmakers to Safeguard New Yorkers from Extremists
Governor Kathy Hochul is urging the Legislature to tackle the fear and chaos caused by random acts of violence from individuals with mental health issues — but will she put in the necessary effort to make it happen?
Her plan for the upcoming session includes 1) finally bringing rationality to New York’s procedures for involuntary commitment (which includes mandatory hospitalization) and 2) facilitating the petition process for mental health treatment under Kendra’s Law.
Hochul has stated that she will outline new legislation in her executive budget; we anticipate detailed proposals and hope they will be sufficiently ambitious.
It would be prudent for her to also consider straightforward improvements, such as making Kendra’s Law, which is set to expire in 2027, permanent, and amending the no-bail law to incorporate a “dangerousness” standard, akin to those in 49 other states.
Hochul has attempted previously to engage the Legislature on mental health issues — and has met with resistance.
Perhaps the recent tragedies, like the latest subway incident, will motivate lawmakers to finally take action.
On a positive note, she has made some headway where possible: The state Office of Mental Health has recently issued new regulations mandating comprehensive outpatient-discharge plans, ensuring individuals committed for mental health reasons do not continue to cycle through the system.
She’s also developing a strategy to help extend the duration of psychiatric care to prevent individuals from returning to the streets prematurely.
Additionally, she initiated the SCOUT program, which has assisted 750 New Yorkers in transitioning from the streets into psychiatric care, with about 600 finding stable housing. She has also expanded inpatient psychiatric beds by over 700, with another 300 planned, and has increased reimbursement rates for inpatient psychiatric care to discourage hospitals from reducing bed counts.
Moreover, she has allocated funding for new court-based mental health navigators, increased transitional housing, and supported services for individuals with severe mental illness and criminal records.
However, convincing lawmakers to take action will necessitate a strong rebuttal against the misleading narratives from the “advocacy community,” which often suggests that compelling individuals to accept assistance is inherently wrong — despite clear evidence that these individuals may pose a threat to themselves and others.
While strengthening Kendra’s Law is critical, it will not sufficiently address the urgent cases of individuals committing violent acts, such as those who harm subway commuters or explode into violence in public spaces. The focus is primarily on providing assisted outpatient treatment, or AOT.
Yet the “advocates” resist even that, and have persuaded many district attorneys and judges to complicate even the existing processes for requiring AOT.
They will likely intensify their opposition when it comes to enforcing inpatient treatment for individuals who are not yet engaged in violent behaviors.
To enact sensible reforms to mental health legislation, the governor must exert pressure — and garner support.
This means that fellow Democrats who align with her on the urgency of the situation must join forces to confront the obstinate Democrats in the Assembly and state Senate who oppose such measures.
Without sufficient backing from their colleagues, Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins will only offer superficial changes, as they have with various other issues in the past.
The current Legislature is heavily influenced by a radical minority; the governor is correct that this presents a formidable challenge to any reform efforts.
However, Hochul holds the position of GOVERNOR, equipped with a variety of tools and influence at her disposal.
If she intends to follow through, she must channel her inner strength.