— It doesn’t happen often _ particularly in New York state _ but sometimes there is legislation that makes so much sense that opposing it stretches credulity. In this case, it’s something called Kendra’s Law.
It’s named after a young woman named Kendra Webdale, who was killed in New York City in 1999 when she was pushed in front of an oncoming train by a man with a history of mental illness and hospitalization.
Her mother, Pat Webdale of Fredonia, has been a leading advocate for the law (New York Mental Hygiene Law § 9.60) that allows courts to order certain people to continue to be treated for their brain disorders when living outside of a facility.
The law has been around since 1999, and is overwhelmingly backed by the caregivers for these very vulnerable mentally ill individuals who cannot take care of themselves and reject voluntary outpatient treatment.
Kendra’s Law was renewed by the Legislature in 2005, and it will expire in June unless there is further legislation. We don’t believe there should be another extension. We strongly believe it should be made permanent. Here’s why.
In the first five years of the assisted outpatient program, 74 percent fewer participants experienced homelessness, 77 percent fewer had psychiatric hospitalization, 83 percent fewer were arrested, and 87 percent fewer were sent to jail.
After 10 years, the numbers are similar, including a 55 percent reduction in suicide attempts, 48 percent in substance abuse, and perhaps most importantly, 47 percent in physical harm to others and 43 percent in property destruction.
Without Kendra’s Law, caregivers have to navigate the often-serpentine process of trying to find proper care for their loved ones and often see them deteriorate to the point where they are a danger to themselves and others.
Enforcement is anything but cavalier. The law includes strict eligibility criteria and several consumer protections.
Clearly, Kendra’s Law is a very good thing for the individuals and the caregivers. But it’s also important to remember that society needs to be protected from some who would be a danger to others. There are two pieces of Kendra’s Law legislation before the Legislature. One is supported by Michael Hogan, commissioner of the state Office of Mental Health. For reasons that escape us, it calls for the law to expire in five years.
We think Assembly member Aileen Gunther’s proposal to make Kendra’s Law permanent is a much better idea. We urge you to contact your members of the Legislature and tell them you think so, too.
