Contempt against the Office of Mental Health stands; a patient’s refusal of treatment is no defence to delayed transfer

Holding The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.

Why it matters

Clarifies that OMH cannot use a defendant’s refusal of treatment as a defense to contempt for delayed transfer.

Establishes that non-pecuniary harms like deteriorating hygiene and increased distress constitute actual loss or injury for contempt fines.

The court’s words

OMH's attempt to blame defendant for his loss because he is mentally ill and refuses treatment is risible.

2026 NY Slip Op 05242, at the official text

The purpose of a transfer to a secure psychiatric facility is so that a mentally ill defendant can receive statutorily mandated restorative care and treatment.

2026 NY Slip Op 05242, at the official text

The plain language of the statute provides that where there is an actual loss or injury, damages must be imposed upon the offender.

2026 NY Slip Op 05242, at the official text

Although this type of loss or injury is not quantifiable with mathematical precision, it is nevertheless an actual loss or injury that must be compensated.

2026 NY Slip Op 05242, at the official text