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PRESS KIT

Kendra's Law

New York's Assisted Outpatient Treatment Law

CONTACT: Alicia Aebersold

703 294 6008 (p), 703 294 6010 (f), [email protected]

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RECENT NEWS (July 10, 2006): Duke researchers selected to evaluate Kendra's Law - second evaluation to complement indepth regular evaluation by NY's Office of Mental Health

Kendra’s Law (New York Mental Hygiene Law � 9.60) helps New Yorkers with severe mental illnesses like schizophrenia or bipolar disorder who are too ill to recognize their need for, or incapable of maintaining, treatment. The program allows a court to order someone who meets very specific criteria into community-based mental health treatment. This court-ordered treatment is called assisted outpatient treatment.

The law is named in memory of Kendra Webdale. In January 1999, the 32-year-old Buffalo native was killed after being pushed into the path of a New York City subway train by Andrew Goldstein, a man with severe mental illness who had a history of noncompliance with treatment. Goldstein is now in prison (25 years to life). 

Some of the results ...

During assisted outpatient treatment (AOT), 74% fewer participants experienced homelessness, 77% fewer experienced psychiatric hospitalization, 83% fewer experienced arrest, and 87% fewer experienced incarceration. Individuals in Kendra's Law were also more likely to regularly participate in services and take prescribed medication. Some more detailed findings...

  • AOT reduced hospitalization days. On average, AOT recipients' length of hospitalization was reduced 56% from pre-AOT levels. Even after termination of the court order, that decline continued - during the first 6 months following the end of the order, total days were reduced 73% from the pre-AOT total.
  • Kendra's Law reduced behaviors. 55% fewer recipients engaged in suicide attempts or physical harm to self, 49% fewer abused alcohol, 48% fewer abused drugs, 47% fewer physically harmed others, 46% fewer damaged or destroyed property, and 43% fewer threatened physical harm to others. Overall, the average decrease in harmful behaviors was 44%.
  • AOT improved treatment compliance. The number of individuals exhibiting good adherence to medication increased by 51% and the number of individuals exhibiting good service engagement increased by 103%.
  • AOT had a positive effect on the therapeutic alliance. 87% of participants interviewed said they were confident in their case manager's ability to help them - and 88% said they and their case manager agreed on what is important for them to work on.
  • AOT recipients endorsed the effect of the program on their lives. After receiving treatment, 75% reported that AOT helped them gain control over their lives, 81% said AOT helped them get and stay well, and 90% said AOT made them more likely to keep appointments and take medication.

To read more, see N.Y. State Office of Mental Health (March 2005). Kendra's Law: Final report on the status of assisted outpatient treatment.

LEGISLATIVE HISTORY

Kendra’s Law passed the legislature by an overwhelming majority (Senate 49-2, Assembly 142-4) and was signed into law by New York Gov. George Pataki on August 9, 1999. When it took effect on Nov. 8, 1999, Kendra’s Law made New York the 41st state to have assisted outpatient treatment.

Kendra's Law was renewed for another five years June 30, 2005 by an even greater majority (Senate 60-0, Assembly 144-1). Opponents and supporters alike agreed on extension – and also on the fact that the law has been sporadically applied throughout the state. The counties that are using the law are seeing striking results – so almost half of the improvements to the law wisely focus on ensuring its broader application so that others can also reap its benefits. The changes include creating new classes of authorized petitioners, slightly expanding the program’s eligibility criteria, explicitly permitting the enforcement of an AOT order outside the issuing county, and creating a judicial education program that will teach judges and their staffs to more effectively administer the law.

RESULTS

Since its passage, data from the New York State Office of Mental Health indicate Kendra's Law is a stunning success. (See the box to the right and the links below.) 

There were dire predictions that 10,000 people a year would be swept into Kendra's law, but less than 1,000 individuals are enrolled each year. Details of people served indicate that less than 1/2 of 1 percent of New Yorkers with severe mental illnesses have been served under court order.

Not only did it help the individuals in the program, but the report notes "there was broad recognition that implementation of the processes to provide AOT to high risk/high need recipients has resulted in beneficial structural changes to local mental health delivery systems. ... AOT has increased accountability at all levels regarding delivery of services to individuals who have high needs and who are at high risk to themselves or others." 

IN THE COURTS

Kendra's Law has also withstood numerous court challenges, including two in which its core provisions were explicitly found to be constitutional. 

More details and information follow. As always, please contact us if we can be of service, or for more information or details.

 

PRESS KIT

RESULTS

MECHANICS

''What's interesting is that we have a large number of people who are receiving enhanced services as a result of this law,'' says Roger Klingman, spokesman for the New York Office of Mental Health. ''It has prompted a closer look at those people most at risk.'' 
- USA Today, June 19, 2001

RESOURCES

VOICES

HISTORY

NEWS RELEASES (RECENT AND ARCHIVED)

  • NEWS November 30, 2005: TAC Executive Director Mary Zdanowicz appointed to New York AOT panel. “This is a wonderful opportunity to help make a great program even better,” said Zdanowicz, who is an attorney and a nationally known and respected legal expert on assisted outpatient treatment. “It is important to support and promote proven programs like AOT. The creation of this panel is another phase in New York's continuing work to ensure that AOT can continue to save lives while improving the overall system."

  • STATEMENT July 1, 2005. TAC executive director Mary Zdanowicz says: Kendra's Law renewed: Victory belongs to program participants. “[John] has been hospitalized more than a dozen times,” explains Stephanie. “[He] is unable to see that when he stops taking his medication he becomes psychotic and within a matter of days ... becomes so ill that he has to be rehospitalized. What [he] has been able to understand, however, is that when he is in the Assisted Outpatient Treatment Program and under a court order, if he violates it ... he will be rehospitalized … [John] takes his AOT program and its court order very seriously. It is the only thing that has worked ….”

  • STATEMENT June 20, 2005. TAC executive director Mary Zdanowicz says: Will legislative politics keep Kendra's Law from helping those who need it most? Statistics from New York's Office of Mental Health show that during assisted outpatient treatment, 74 percent fewer participants experienced homelessness, 77 percent fewer psychiatric hospitalization, 83 percent fewer arrest, and 87 percent fewer incarceration. They were also more likely to regularly participate in services and take prescribed medication. New York has been a leader in showing the country how effective assisted outpatient treatment can be for participants. It would be a travesty for politics to get in the way of permanency.

  • PRESS RELEASE March 9, 2005: Report shows success of New York's Kendra's Law. "We knew that Kendra's Law would save lives," said Pat Webdale, mother of Kendra Webdale, for whom New York's law was named. "But we are amazed to see how dramatic those numbers really are. When Kendra was killed by a man with a long history fo untreated schizophrenia, the grief we felt was unspeakable. In the course of advocating for a law that would prevent similar tragedies, we learned that assisted outpatient treatment can save both the lives of people like my daughter and the lives of those imprisoned by brain diseases. It is gratifying to see the big difference Kendra's Law is making."
  • PRESS RELEASE March 7, 2005 Governor introduces bill to make Kendra's Law permanent
  • PRESS RELEASE Dec. 2, 1999 City mental health commissioner testifies before the city council on the city's implementation of Kendra's Law (New York City Department of Mental Health)
  • PRESS RELEASE Aug. 27, 1999 Advocates praise Governor Pataki, Assembly Speaker Silver, Attorney General Spitzer and Webdale family for passing Kendra’s Law (NY Treatment Advocacy Coalition)
  • PRESS RELEASE  Aug. 5, 1999 Assembly passes "Kendra's Law": Measure to benefit individuals living with mental illness, their families and public (NY Assembly Speaker Sheldon Silver)
  • STATEMENT Aug. 3, 1999 Kendra's Law will improve quality of life for every New Yorker (Treatment Advocacy Center)
  • STATEMENT Aug. 3, 1999 Statement by Attorney General Eliot Spitzer regarding the leaders' agreement on Kendra's Law (Treatment Advocacy Center)
  • STATEMENT June 16, 1999 New York legislators should stand tall: Don't fail the mentally ill by letting the clock run out on Kendra's Law (Treatment Advocacy Center)
  • STATEMENT June 16, 1999 Governor Pataki, Senate Leader Joe Bruno, and Assembly Speaker Silver should honor their commitment to pass Kendra's Law before legislature adjourns  (NY Treatment Advocacy Coalition)
  • STATEMENT May 19, 1999 Assisted outpatient treatment will help reduce preventable episodes of violence, homelessness and incarceration in New York  (Treatment Advocacy Center)
  • PRESS RELEASE May 19, 1999 Governor's "Kendra's Law" to protect public mentally ill: Measure designed to ensure potentially dangerous mentally ill receive treatment (NY Gov. Pataki)
  • PRESS RELEASE May 19, 1999 Speaker Silver joins Attorney General Spitzer in calling for passage of Kendra's Law (NY Attorney General Eliot Spitzer)
  • STATEMENT April 5, 1999 New York must pass "Kendra’s Law" to prevent future episodes of violence by individuals with untreated severe mental illnesses (Treatment Advocacy Center)
  • STATEMENT Jan. 28, 1999 New York must strengthen assisted treatment laws for mentally ill (Treatment Advocacy Center)
  • STATEMENT Jan. 28, 1999 New York stands at crossroads of success or failure: NYS must expand outpatient commitment statewide for individuals with severe psychiatric illnesses (NY Treatment Advocacy Coalition)
  • STATEMENT Jan. 28, 1999 Spitzer unveils plan to ensure that mentally ill take prescribed medication (NY Attorney General Eliot Spitzer)
  • STATEMENT Jan. 4, 1999 New York must strengthen assisted treatment laws for mentally ill to prevent tragic episodes of violence (Treatment Advocacy Center)

NEWS ARTICLE ARCHIVE

LINKS

 

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