Spitzer Proposes Mental Illness Legislation

Attorney General Spitzer today unveiled a proposal to ensure that the mentally ill are taking their prescribed medication. The proposal follows the tragic death of a commuter who was pushed in front of a subway train by a mentally ill man.

"It is clear that the law must be changed to protect both the public and the mentally ill from danger," Spitzer said. "The movement to deinstitutionalize has proven to be a double-edged sword. Most individuals can and do function well in society, but others with severe mental illness who are not taking their prescribed medication can be a serious threat to themselves and the public."

Under Spitzer's "Involuntary Outpatient Treatment Act," close family members, house mates, or treatment providers -- with the support of a psychiatrist -- would be able to obtain a court order for an outpatient who has had difficulties adhering to a treatment program.

If the outpatient violates a order by going off his or her prescribed treatment, he or she could then be held for a 72-hour emergency evaluation and/or the administration of a prescribed medicine.

Currently, an individual must be found to be imminent danger to himself or others before being hospitalized.

More two thirds of the states have similar laws in effect. A Duke University study showed that outpatient commitment, coupled with intensive services, significantly reduced psychiatric hospitalizations and incidents of violence.

Spitzer pointed out that in addition to the New York City subway tragedy involving Kendra Webdale on January 3, there have been several other recent attacks by mentally ill people. For example, a state mental health care worker was allegedly killed by a client last year in Buffalo. In addition, a Buffalo woman was allegedly slain by her estranged husband, who had killed their son 15 years earlier.

Joining Spitzer for the announcement of the proposal were the parents of mentally ill man. Roxanne and Gui Lanquetot's 37 year old son Serge is schizophrenic and currently living in a halfway house for the mentally ill in Manhattan.

"This is something that should have been done a long time ago," said Mrs. Lanquetot. "Having a law like this in place may have prevented many tragedies over the years. It's critically important that we ensure we get help for the mentally ill before they become dangerous. We would never want our son to be in a condition where he would hurt others."

Spitzer consulted with groups which represent the mentally ill and their families while crafting his proposal, including the Treatment Advocacy Center of Arlington, Virginia.

The Center's Assistant Director, Jonathan Stanley, said: "We commend the Attorney General on this landmark step. This legislation will help ensure that the severely mentally ill take their medications, thereby lowering the likelihood of exhibiting violent behavior. New York must stop the deadly pattern of untreated severe mental illness and enact ‘outpatient commitment' statewide."

"This is an important step in the right direction," said Jean DeBow, the Vice President of the State Public Employees Federation (PEF). "It's critical that family members, psychiatrists, and care givers be able to play a role in ensuring that the mentally ill receive the care and medication they need."

DeBow added that the union would still like to see case workers be paired with partners for field visits and that there is too little follow-up by the state when the mentally ill are released from institutions.

Spitzer's plan is also supported by the Greater New York Hospital Association. "This proposed legislation offers an extremely constructive approach to treating mental illness in the least restrictive setting," said the group's President, Kenneth E. Raske. "By providing assistance and support to patients and families, it facilitates treatment efforts by providers."