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News from                                 

Attorney General

Eliot Spitzer

                                                                For Release:  Immediate, Thursday, January, 28, 1999
                                                                Contact:   Scott Brown (212) 416-8060

SPITZER UNVEILS PLAN TO ENSURE THAT MENTALLY ILL TAKE PRESCRIBED MEDICATION

PROPOSAL FOLLOWS WOMAN KILLED AFTER BEING
PUSHED IN FRONT OF SUBWAY TRAIN

A.G. "WE MUST TAKE STEPS TO PROTECT BOTH THE PUBLIC
AND THE MENTALLY ILL"

   In the wake of the tragedy earlier this month where a woman was killed after being pushed in front of a subway train by a mentally ill man, Attorney General Eliot Spitzer today unveiled a proposal to change state law to ensure that the mentally ill are taking their prescribed medication.

    Currently in New York a person must be found to be an imminent danger to himself or others before being hospitalized.

    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 oupatient who has had difficulties adhering to a treatment program.  If the outpatient violated the 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.

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

The core of Spitzer's first legislative proposal is a change in state law that would make it easier for a treating psychiatrist to monitor an outpatient's compliance with treatment and, upon learning that an outpatient is not compliant (usually because he or she has stopped taking medication), have the outpatient hospitalized for evaluation, and if necessary, forced medication.

    Close to 40 other states have outpatient commitment statutes.  Spitzer drew on the North Carolina and Hawaii models for some elements of his proposal.  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 subway tragedy involving Kendra Webdale on January 3, in Buffalo late last year, Judith Scanlon, a state mental health care worker was allegedly killed by a client, and Jeanette Garrasi was allegedly killed by her estranged husband, who had killed their son 15 years ago.

"How many more innocent bystanders like Kendra Webdale, how many more state employees like Judith Scanlon, how many more relatives like Jeanette Garrasi must die before we do something?" said Spitzer.  "We must have compassion for the mentally ill.  And part of compassion is knowing when people are just not competent to make their own decisions about treatment.

"We no longer can release the mentally ill from institutions and then simply hope and pray that they take their medication," said Spitzer.  "Because if that's all we do, we're likely to have more tragedies like the ones we've seen over these past few months."

On hand for the announcement were parents of the mentally ill.  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.

"I think this is a wonderful idea by the Attorney General and something which should have been done a long time ago," said Mrs. Lanquetot.  "Having a law like this in place may have prevented many, many tragedies over the years.

"It's critically important that we ensure we get help for the mentally ill before they become dangerous," said Lanquetot.   "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.  "This is a bold and compassionate proposal," said the group's Assistant Director, Jonathan Stanley.

    "We commend the Attorney General on this landmark step," said Stanley.  "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 caregivers 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."

"I feel this is a win-win situation," concluded Spitzer.  "This act will help ensure that the mentally ill are receiving the treatment and help that they need, it should reduce the need for, and costs of, hospitalizations and increase public safety."

Also taking part in the news conference was the Center for the Community Interest, a public advocacy law firm.

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