New York Mental Hygiene Law Section 9.43 - Emergency admissions for immediate observation, care, and treatment; powers of courts.

*  9.43 Emergency  admissions  for  immediate  observation,  care,  and
         treatment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction is informed
  by verified statement that a person is apparently mentally  ill  and  is
  conducting  himself  or herself in a manner which in a person who is not
  mentally ill would be deemed disorderly conduct or which  is  likely  to
  result  in  serious harm to himself or herself, such court shall issue a
  warrant directing that such person be brought before it. If,  when  said
  person  is  brought  before  the  court, it appears to the court, on the
  basis of evidence presented to it, that such person has or  may  have  a
  mental  illness  which is likely to result in serious harm to himself or
  herself or others, the court shall issue a civil order directing his  or
  her removal to any hospital specified in subdivision (a) of section 9.39
  or   any   comprehensive  psychiatric  emergency  program  specified  in
  subdivision (a) of section 9.40, willing to receive such  person  for  a
  determination  by  the director of such hospital or program whether such
  person should be retained therein pursuant to such section.
(b) Whenever a person before a court in a criminal action  appears  to
  have  a  mental  illness  which  is  likely to result in serious harm to
  himself or herself or others and the court determines  either  that  the
  crime  has  not  been committed or that there is not sufficient cause to
  believe that such person is guilty thereof, the court may issue a  civil
  order  as  above  provided,  and in such cases the criminal action shall
  terminate.
* NB Effective until July 1, 2020
  *  9.43 Emergency  admissions  for  immediate  observation,  care,  and
         treatment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction is informed
  by  verified  statement  that a person is apparently mentally ill and is
  conducting himself in a manner which in a person who is not mentally ill
  would be deemed disorderly conduct or  which  is  likely  to  result  in
  serious  harm  to  himself  or  others as defined in section 31.39, such
  court shall issue a warrant directing that such person be brought before
  it. If, when said person is brought before the court, it appears to  the
  court, on the basis of evidence presented to it, that such person has or
  may  have  a mental illness which is likely to result in serious harm to
  himself or others, the court shall issue a  civil  order  directing  his
  removal  to  any  hospital specified in subdivision (a) of section 31.39
  willing to receive such person for a determination by  the  director  of
  such hospital whether such person should be retained therein pursuant to
  such section.
(b)  Whenever  a person before a court in a criminal action appears to
  have a mental illness which is likely  to  result  in  serious  harm  to
  himself or others and the court determines either that the crime has not
  been  committed  or  that  there is not sufficient cause to believe that
  such person is guilty thereof, the court may  issue  a  civil  order  as
  above provided, and in such cases the criminal action shall terminate.
* NB Effective July 1, 2020

Last modified: February 3, 2019