Senate bill · S10383 (2025-26)
Requires arrested individuals to be given a mental health evaluation form
New York State Senate
Summary
Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.
Summary from NY Open Legislation. How we handle summaries
Amends the Mental Hygiene Law.
From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data
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Purpose, from the sponsor's memo
Requires arrested individuals to be given a mental health evaluation Form.
Filed with the bill. Read it on nysenate.gov (opens in a new tab)
Where it stands
Assigned to a committee for review.
- Introduced
- In committee
- Up for a vote
- Passed one chamber
- Passed
- Enacted
Committee
Mental Health · New York State Assembly
Also referred to Mental Health · New York State Senate.
The sponsor's argument
Why Joseph A. Griffo says this is needed
When an individual is arrested, they are quickly put into a stressful situation with many decisions to be made in a short amount of time. After initial arraignment a Judge and the prosecution may offer an indi- vidual a course of treatment to best fit their needs. Sometimes an indi- vidual, who is overwhelmed by the situation may decline treatment that could be incredibly beneficial to them. This bill would allow for an individual, who is deemed by OMH to lack the mental capacity to make sound decisions for themselves, appoint a next of kin to be their deci- sion maker. This process will ensure that individuals are given all the resources needed to make the treatment process as valuable as possible.
This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.
Full history
- May 15, 2026
Referred to committee
REFERRED TO MENTAL HEALTH
NY Senate