Amid the spike in news and social media reporting of shocking crimes, irrespective of declining crime rates, New York’s Governor Kathy Hochul seeks stricter confinement laws for those with histories of mental illness, where such persons are disproportionately alleged to be perpetrators of such shocking crimes.
US-SECURITY-TRANSIT-NEW YORK
Members of the New York Police Department (NYPD) stand guard in Grand Central Station as security has been stepped up in New York on January 20, 2025. New York Gov. Kathy Hochul has added hundreds of NYPD officers to subway platforms and trains during overnight hours in an attempt to stop a rash of crimes that has shocked the city in recent months. (Photo by Kena Betancur / AFP) (Photo by KENA BETANCUR/AFP via Getty Images)
Jade Lopez, CRDN
January 22, 2025
Governor Kathy Hochul kickstarted the new year with an announcement that states she plans to broaden involuntary mental health commitments and Kendra’s Law relating to legally-ordered outpatient treatment. This is the result of numerous violent New York City (NYC) transit attacks, including a particularly recent tragic incident that occurred on December 22nd on a
Brooklyn-bound train where 33-year-old Sebastian Zapeta set a sleeping woman on fire, ultimately killing her.
This is just one out of hundreds of terrifying encounters and incidents that happen within NYC’s transit system. In many cases, perpetrators or victims are those suffering with (severe) mental health issues. One out of every five people in New York reported having symptoms of a mental disorder.
Many New Yorkers report a lack of accessibility for mental health resources, with many saying that it is not affordable or that there is too much of a stigma surrounding getting help.
The police department in the City of New York are committed to sharing public crimes, which are updated every week. Current statistics across the city show that in the week of January 6, 2025, to 12, 2025, there were five murders, 36 rapes, 218 robberies, 394 felony assaults, and 221 burglaries. Since 2022, over one-third of those who commit murders in the city have a severe mental illness.
High poverty neighborhoods and largely minority communities experience twice as many hospitalizations compared to the rest of the city. Various factors influence mental health and the demand for mental health services, and disparities in access to care can exacerbate these needs. In NYC, experiences of discrimination or racism, financial difficulties, inadequate living conditions, and limited social connections are all linked to poorer mental health. To attain equity in mental health, it is essential to tackle broader social issues that address the financial, environmental, and social needs of New Yorkers.
Crime and mental illness have always intersected.
According to existing legislation, hospitals have the authority to involuntarily detain individuals considered a danger to themselves or others. Additionally, various professionals, such as police officers and mobile crisis outreach teams, are essentially encouraged to commit individuals involuntarily. Once admitted to a hospital, an individual can be held for a maximum of two months (or 60 days) if two doctors assess and concur that the person poses a threat. In her statement, Hochul indicated that her proposal would broaden the definition of harm to include a larger population.
Kendra’s Law, implemented in 1999, allows judges to mandate “assisted outpatient treatment” for individuals who fulfill specific criteria concerning assessed risks and previous treatment noncompliance, among other factors. The law is named after a woman who was pushed in front of a subway train. Hochul has expressed her intention to introduce new legislation aimed at enhancing the process through which courts can mandate outpatient treatment and facilitate access to voluntary treatment programs.
Governor Hochul has made improving mental health outcomes one of her main focuses, investing $1 billion to enhance care and add psychiatric beds at hospitals. In her first budget, she extended Kendra’s Law through 2027, making large amendments, including allowing renewed court-ordered psychiatric intervention if mental illness severely impacts daily activities. This change, part of her 10-point safety plan proposed in 2022, faced opposition but was approved.
New York City has a laundry list of incidents involving mental illness and racial crimes, as Black, Hispanic, and Pacific Islanders are the least likely to be connected with mental health resources. This begs the question of how those with diverse backgrounds who struggle with mental disorders are treated in comparison to white individuals without longstanding problems.
In December of 2024, a jury found Daniel Penny, an ex-marine, not guilty in the criminally negligent homicide case that occurred on May 1, 2023, when he boarded a crowded subway train. One of those passengers riding was 30-year-old Jordan Neely, a homeless man with a long history of mental illness. Neely had been yelling and acting erratically before Penny placed him in a chokehold lasting six minutes, ultimately leading to his death.
Many people debated whether this was a race issue. Penny is white. Neely is Black. Would Penny have acted this way if Neely were white? Following major news cases like George Floyd, another Black man placed in a chokehold by a white man, leading to his death – it strikes the discussion on the intersection between race, mental illness, and how we as a society handle it.
NYC Mayor Eric Adams has also advocated for increased involuntary commitments for the seriously mentally ill. While Hochul has supported these initiatives, she has encountered resistance from lawmakers and opposition from civil rights advocates and some mental health groups.
Refusing a patient’s life-saving mental help treatments blocks them from recognizing that they not only need it, but can receive it from hospitals, health care professionals, and treatment facilities.
With over 470 subway stations spanned across the city, we can only hope that new legislation and more awareness for mental health can change the future of safety and provide a bit of hope to all city and traveling residents.