Twenty-six years ago this month, a thirty-two-year-old Fredonia native died after being pushed in front of a New York City subway car. New York state hasn't been the same since.
Kendra Webdale was pushed by Andrew Goldstein, a then twenty-nine-year-old man with schizophrenia, who had a long history of both violence and seeking help for his mental health. Just months after Kendra's death, a law was passed in her name, allowing for adults with a history of non-compliance with mental health treatment to be placed under an Assisted Outpatient Treatment Order, or AOT.
Now, Governor Kathy Hochul is proposing changes to both Kendra's law and involuntary commitment, which have some critics again questioning racial disparities in the AOT program, and concerns with associating mental health and public safety.
TRANSCRIPT
This is a rush transcript provided by a contractor and may be updated over time to be more accurate.
Emyle Watkins: Hi, I am Emyle Watkins, and this is the WBFO Disabilities Beat.
26 years ago this month, a thirty-two-year-old Fredonia native died after being pushed in front of a New York City subway car. New York state hasn't been the same since. Kendra Webdale was pushed by Andrew Goldstein, a then twenty-nine-year-old man with schizophrenia, who had a long history of both violence and seeking help for his mental health. Just months after Kendra's death, a law was passed in her name, allowing for adults with a history of non-compliance with mental health treatment to be placed under an Assisted Outpatient Treatment Order, or AOT.
Beth Haroules: A person has to have a mental health diagnosis. They have to meet the criteria, which are two involuntary hospitalizations within a thirty-six-month period for treatment non-adherence.
Emyle Watkins: Beth Haroules is a senior staff attorney at the New York Civil Liberties Union.
Beth Haroules: There is the Kendra Webdale focal point that a person who has committed an act of violence within a forty-eight-month period, so four-year look-back for people who have committed violent criminal acts, can also be subjected to a Kendra's order.
Emyle Watkins: The law has never been permanent, always up for reauthorization every few years. Organizations including the NYCLU have advocated against the law due to concerns with racial disparities in order recipients, personal autonomy, and funding to outpatient services.
The law is now getting a renewed focus. Governor Kathy Hochul said she plans to introduce legislation to expand the definition of who can be involuntarily committed to inpatient treatment, and improving the process for ordering AOT and making it easier to voluntarily sign up for AOT.
George Borrello: Now the governor wants to do something that, quite frankly, I proposed almost three years ago now.
Emyle Watkins: Senator George Borrello, a Republican representing New York's 57th Senate District, has been campaigning for an expansion of Kendra's Law for three years. His voice in the conversation is unique, as he not only represents the area Kendra was from, but he went to high school with her.
George Borrello: So for me, I see what happened with Kendra and how horrible that was, and how something was put in place to try to prevent it. It's since been watered down.
Emyle Watkins: Governor Hochul did mention Kendra's law in her state of the state address.
Governor Kathy Hochul: We also need to strengthen Kendra's law so those with serious mental health challenges can get into long term treatment, instead of cycling in and out of the system or living on the streets.
Emyle Watkins: Meanwhile, Borrello outlined his ask in his bill.
George Borrello: Someone who is not able to provide for themselves the basics, food, shelter, healthcare, clothing, that those people need to be deemed essentially a threat to themselves and others. And we need to address that, and get those people the help that they need. But it can't be done necessarily within 72 hours, and it can't be done with relying on those folks to come back for treatment or to essentially self-administer treatment.
Emyle Watkins: Hochul’s suggested change to involuntary commitment seems to match Borrello’s call for people to be committed if they cannot meet basic needs, however Borrello’s bill also seeks the ability to involuntarily commit someone who does not comply with AOT orders, for more than the standard 72 hour hold.
Beth Haroules: I don't think that it's fair to draw a connection between lack of services or connection to services, and a crime being committed.
Emyle Watkins: Haroules, again, speaking broadly about proposed approaches to Kendra's Law.
Beth Haroules: But I do think that every opportunity has to be taken to ensure that a person doesn't end up in trouble, either personal injury to themselves, death, trauma, and the like. And for people who do become violent and snap the public safety, it has to be balanced. But I think we lose sight of the needs of New Yorkers with mental health challenges.
Emyle Watkins: Studies have determined people living with severe mental health conditions are more likely to be the victims rather than the perpetrators of a crime. Borrello says his goal is to make sure people get sufficient treatment. But for many opponents of the law, including Haroules, the concern still comes back to if Kendra's Law is actually effective and targeting the people who need it the most.
Beth Haroules: I do think this is a moment for the legislature, for the governor, to take a fresh look at what our system is in New York State, to provide a comprehensive system of mental health services.
Emyle Watkins: You can listen to the Disabilities Beat segment on demand. View a transcript in plain language description for every episode on our website at WBFO.org. I'm Emyle Watkins. Thanks for listening.
