Speaker Silver Joins Attorney General Spitzer In Calling For Passage Of Kendra's Law

Assembly Speaker Sheldon Silver today joined Attorney General Spitzer in advocating for passage of "Kendra's Law." The Silver bill would ensure individuals with mental illness follow prescribed medical treatment plans – aiding families of those struggling with mental illness and improving public safety.

The "Assisted Outpatient Treatment Act," first proposed by Spitzer in January, is named for Kendra Webdale, who was killed earlier this year after being pushed in front of a New York City subway train by a diagnosed schizophrenic who was not taking his medication.

Silver and Spitzer were joined at a Capitol news conference in support of the legislation by Kendra Webdale's parents and sisters; Nadine Stevens, the mother of a mental health patient; Assemblyman James Brennan, Chair of the Assembly Mental Health Committee; long-time mental health advocate, Assemblywoman Elizabeth Connelly and Mary Zdanowicz, Executive Director of the Treatment Advocacy Center, an agency working on behalf of the mentally ill and their families.

"While the specific incident that inspired Kendra's Law accurately depicts this as a public safety issue, we cannot overlook or minimize the importance of this bill for those struggling everyday with mental illness," said Silver. "My bill will provide assistance and comfort to individuals living with mental illness and to the thousands of families who have nowhere to turn when a loved is refusing to participate in medical treatment plans."
"It is clear that the current law is not working, either in protecting the mentally ill or the public," said Spitzer. "The way things stand now, we must wait for a tragedy to take place before we can get the mentally ill the help they need."

"This legislation is the fruition of my original goals set up in the Bellevue project. It was my intention then to establish a statewide program to assist the mentally ill and their families in successfully living with their treatment plans without having to remain hospitalized. Hopefully, the comprehensive and innovative program that this legislation establishes will be in operation without further delay," said Connelly (D-Staten Island).

In announcing the legislation, Silver acknowledged the unwavering commitment and hard work of Chairman Brennan on behalf of the mentally ill and their families.

Under the bill, family members and caregivers could, with the support of a physician, obtain a court order to ensure that a mentally ill person takes his or her prescribed medication. If the mentally ill person violates the court order by going off the medication, he or she could then be held for a 72-hour emergency evaluation to determine the need for more serious intervention.

"It is unconscionable that a family has to stand idly by, waiting for a crisis or in extreme cases, terrible violence, before a loved one will access necessary treatment," said Silver.

"We must treat the severely mentally ill with compassion, and compassion includes recognizing that in some cases, people are simply too ill to care for themselves. I want to applaud the speaker for joining with us in hopes of preventing future tragedies," said Spitzer.

"Assisted outpatient treatment is about lighting a candle in the darkness - the darkness of my family's world without Kendra and the darkness of the world of the mentally ill and their families. It is about compassion and understanding and seeing all men as brothers. It is about using the power we have to improve the world for all mankind," said Patricia Webdale. "Most of all it is about reducing the number of potential victims, whether they be strangers or family members of the mentally ill themselves. It is a step in the right direction."

"I have a heartfelt commitment to this bill. Something needs to be done," said Nadine Stevens, whose son was diagnosed with schizophrenia and has been a non-compliant patient. "Watching someone you love decompose before your eyes is devastating. They deserve a chance to be a normal human being – they just need some help."

"Kendra's Law will prevent individuals from spinning endlessly through the revolving door of hospital admissions and re-admissions, only to be abandoned to the streets with no follow-up care," said Zdanowicz.

"Attorney General Spitzer and Speaker Silver's bold and compassionate proposal to implement ‘Kendra's Law' statewide for individuals with severe mental illness will substantially improve the quality of life for all New Yorkers. I commend them on this landmark step and appreciate their soliciting the Center's counsel in drafting this long-overdue and much needed legislation," added Zdanowicz.

Similar measures are under consideration in the Senate, while the Governor has yet to submit assisted outpatient treatment legislation.