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The New York state legislature has passed the involuntary outpatient commitment bill known as "Kendra's Law." Governor Pataki, Senate Majority Leader Bruno, and Assembly Speaker Silver had recently announced their agreement on a version of IOC reflecting a compromise among previous bills offered by several leading lawmakers, including the Governor, Speaker Silver, and Senate mental health committee chair Libous.

The new IOC law could affect a significant number of persons living with mental illness who have a history of lack of compliance with treatment. Persons over 18 whose non-compliance has resulted in two or more periods of inpatient treatment within 3 years, either in a hospital or a correctional facility, would be subject to the law. Also subject to the law would be persons with serious violent behavior that is linked to non-compliance, or those who threaten serious bodily harm to self or others.

The law would permit courts to order people living with mental illness in the community to comply with a physician-designed outpatient treatment plan. Plan components could include medication, therapy, day treatment, and educational or vocational training. Mental health care proxies may be used in designing treatment programs. Periodic blood tests or urinalysis might be ordered to access compliance.

Initial IOC orders would be limited to six months. Subsequent orders may be for up to one year. Any change in the planned programming would also have to be court-approved. Provision of services under a court-ordered plan will be coordinated by either the director of a hospital operating an IOC program, or by the local director of community services.

The IOC process first requires the filing of a petition for court-ordered treatment-followed by a court hearing. The individual subject to an IOC petition has the right to a lawyer at all stages of the proceeds, either by mental hygiene legal services or a private lawyer (at their own expense).
Any person making a false statement or providing false information or false testimony in a petition or court hearing is subject to criminal prosecution for a misdemeanor or felony.

Failure to comply with court-ordered treatment may result in involuntary hospitalization for up to 72 hours for a physician examination to determine whether extended inpatient hospitalization-up to 14 days-is appropriate. Individuals under an IOC order can be taken into custody by police or a mobile crisis team for transportation to a hospital. Failure to comply with an IOC order is not grounds for involuntary inpatient commitment or contempt of court.

A broad class of persons may file an IOC petition; including parents, spouses, adult siblings or adult children, adult housemates, directors of public or nonprofit residential facilities, treating or supervising
psychiatrists, the local director of community or social services, or a parole or probation officer supervising the individual subject to the petition.

A petition must be accompanied by the sworn statement of a physician that the physician has personally examined or sought to examine the person subject to the petition within the last ten days and recommends IOC. This physician must subsequently testify at a court hearing. The subject of a petition may be involuntarily hospitalized for up to 24 hours to permit a physician examination.

The IOC program presupposes enhanced access to intensive case management and medications to be paid for by state grants to local governments.