A10946 — Directs court to establish a period of commitment for persons found not responsible by reason of mental disease or defect

Summary

Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 330.20 of the criminal procedure law.

• Section 330.20 of the criminal procedure law

  state state state state he himself state his or her he state he he or "recommitment order" for six months from the date of the order for either or without Examination prior to the issu- ance of a special order of conditions, When the defendant is not in custody at the time of such verdict or plea, because he was previously released on bail or on his own recogni- zance, the court, in its discretion, may direct that such examination be conducted on an out-patient basis, and at such time and place as the commissioner shall designate. If, however, the commissioner informs the court that confinement of the defendant is necessary for an effective examination, the court must direct that the defendant be confined in a facility designated by the commissioner until the examination is completed. If the initial hearing required by subdivision six of this section has not commenced prior to the termination of such examination period, the commissioner shall retain custody of the defendant in such secure facility until custody is transferred to the sheriff in the manner prescribed in subdivision six of this section. his If the court has directed that the examination be conducted on an out-patient basis, the examina- tion shall be completed within thirty days after the defendant has first reported to the place designated by the commissioner, except that, upon application of the commissioner, the court may extend such period for a reasonable time if a longer period is necessary to complete the examina- tion. he his his fifteen The court must furnish a copy of the reports to the district attorney, counsel for the defendant and the mental hygiene legal service. Initial hearing; commitment , within ten days of the receipt of such reports, conduct an initial hearing to determine the defendant's present mental condition. If the defendant is in the custody of the commissioner pursuant to an examination order, the court must direct the sheriff to obtain custody of the defendant from the commis- sioner and to confine the defendant pending further order of the court, except that the court may direct the sheriff to confine the defendant in an institution located near the place where the court sits if that institution has been designated by the commissioner as suitable for the temporary and secure detention of mentally disabled persons. At such initial hearing, the district attorney must establish to the satisfac- tion of the court that the defendant has a dangerous mental disorder or is mentally ill. If the court finds that the defendant has a dangerous mental disorder, it must If the court finds that the defendant does not have a dangerous mental disorder but is mentally ill, the provisions of subdivision seven of this section shall apply. Initial hearing civil commitment and order of conditions. If, at the conclusion of the initial hearing conducted pursuant to subdivision six of this section, the court finds that the defendant is mentally ill but does not have a dangerous mental disorder, the provisions of arti- cles nine or fifteen of the mental hygiene law shall apply at that stage of the proceedings and at all subsequent proceedings. Having found that the defendant is mentally ill, the court must issue an order of condi- tions and an order committing the defendant to the custody of the commissioner. The latter order shall be deemed an order made pursuant to the mental hygiene law and not pursuant to this section, and further retention, conditional release or discharge of such defendant shall be in accordance with the provisions of the mental hygiene law. If, at the conclusion of the initial hearing, the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, the court must discharge the defendant either unconditionally or subject to an order of conditions. 7-a. Whenever the court issues a special order of conditions pursuant to this section, the commissioner shall make reasonable efforts to noti- fy the vic → italics the defendant themself such defendant's the defendant the defendant a the defendant or Sentence; examination (a) impose a period of confinement in the custody of the commissioner which is equal to the sentence of imprisonment such defendant would have received pursuant to article seventy of the penal law, upon conviction of the crime with which the defendant was charged; and (b) such physician's a psychiatric examiner an such examiner's fourteen Commitment for the term of the period of confinement imposed, pursuant to paragraph (a) of subdivision two of this section, and to such a secure facility as shall be suitable for a mentally ill person or a person with a dangerous mental disorder, as the case may be, based upon the examination reports ten eleven 8. ten eleven 9. the commissioner's eighteen the defendant 10. the commissioner's the defendant's the defendant's seven eight 11. the commissioner's the defendant's ten seven eight 12. the defendant 13. the applicant the applicant the defendant's shall such peace offi- cer the defendant shall the applicant seven and 14. 15. 16. 17. 18. the defendant 19. the defendant's 20. the commissioner the defendant's fifteen fifteen the district attorney of this subdivision 21.

  amended

Action History

1. April 14, 2026

   REFERRED TO CODES

Sponsors

• Kenneth Blankenbush · Primary

Subjects