NY State Assembly Bill 2025-A2322B

Assembly Bill A2322B

2025-2026 Legislative Session

Establishes a pilot program enabling counties to opt-in to allow county jails to operate jail-based competency restoration services for incarcerated individuals deemed unfit for trial due to mental incapacity

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Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2025	print number 2322b
Mar 24, 2025	amend and recommit to codes
Feb 25, 2025	print number 2322a
Feb 25, 2025	amend (t) and recommit to codes
Jan 16, 2025	referred to codes

Bill Amendments

Original

B (Active)

co-Sponsors

2025-A2322 - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§730.10 & 730.60, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A7061
2023-2024: A1561

2025-A2322 - Summary

Establishes a program enabling counties to opt-in to allow county jails to operate jail-based competency restoration services for incarcerated individuals deemed unfit for trial due to mental incapacity.

2025-A2322 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2322
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  WEPRIN,  WOERNER -- read once and
   referred to the Committee on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   a five-county, three-year pilot program enabling counties to opt-in to
   allow  county  jails  to  operate  jail-based  competency  restoration
   services for incarcerated individuals deemed unfit for  trial  due  to
   mental incapacity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 9 of section 730.10 of the criminal  procedure
 law,  as added by section 1 of part Q of chapter 56 of the laws of 2012,
 is amended to read as follows:
   9. "Appropriate institution" means: (a) a  hospital  operated  by  the
 office of mental health or a developmental center operated by the office
 for  people  with developmental disabilities; or (b) a hospital licensed
 by the department of health which operates a psychiatric  unit  licensed
 by  the  office  of  mental  health,  as  determined by the commissioner
 provided, however, that any such hospital that is not  operated  by  the
 state shall qualify as an "appropriate institution" only pursuant to the
 terms  of  an  agreement  between  the commissioner and the hospital, OR
 BETWEEN THE COMMISSIONER AND A JAIL-BASED FACILITY PURSUANT TO  SUBDIVI-
 SION  SEVEN  OF SECTION 730.60 OF THIS ARTICLE.  Nothing in this article
 shall be construed as requiring a hospital to consent to providing  care
 and treatment to an incapacitated person at such hospital.
   § 2.  Subdivisions 1 and 2 of section 730.60 of the criminal procedure
 law,  subdivision  1  as  amended by chapter 231 of the laws of 2008 and
 subdivision 2 as amended by chapter 57 of the laws of 1984, are  amended
 and a new subdivision 7 is added to read as follows:
   1.  When  a  local criminal court issues a final or temporary order of
 observation or an order of commitment, it must forward such order and  a
 copy  of  the  examination  reports and the accusatory instrument to the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03010-01-5

 A. 2322                             2
 
 commissioner, and, if available, a copy of the pre-sentence report. Upon
 receipt thereof, the commissioner must designate an appropriate institu-
 tion operated by the department of mental hygiene,  OR  A  COUNTY  JAIL-
 BASED  COMPETENCY  RESTORATION  PROGRAM PURSUANT TO SUBDIVISION SEVEN OF
 THIS SECTION, in which the defendant is to be placed, provided, however,
 that the commissioner may designate an appropriate hospital  for  place-
 ment  of  a  defendant  for  whom  a final order of observation has been
 issued, where such hospital is licensed by the office of  mental  health
 and  has agreed to accept, upon referral by the commissioner, defendants
 subject to final orders of observation issued  under  this  subdivision.
 The  sheriff must hold the defendant in custody pending such designation
 by the commissioner, and when notified of the designation,  the  sheriff
 must  deliver  the  defendant to the superintendent of such institution.
 The superintendent must promptly inform the appropriate director of  the
 mental hygiene legal service of the defendant's admission to such insti-
 tution. If a defendant escapes from the custody of the commissioner, the
 escape  shall  interrupt  the period prescribed in any order of observa-
 tion, commitment or retention,  and  such  interruption  shall  continue
 until the defendant is returned to the custody of the commissioner.
   2.  Except as otherwise provided in subdivisions four and five OF THIS
 SECTION, when a defendant is in the custody of the commissioner pursuant
 to a temporary order of observation or an  order  of  commitment  or  an
 order  of  retention,  OR  A  COUNTY  JAIL-BASED  COMPETENCY RESTORATION
 PROGRAM PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION,  the  criminal
 action pending against the defendant in the court that issued such order
 is  suspended  until  the superintendent of the institution in which the
 defendant is confined OR A CLINICAL PSYCHIATRIST FOR A COUNTY JAIL-BASED
 COMPETENCY RESTORATION PROGRAM PURSUANT TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION determines that [he] THE DEFENDANT is no longer an incapacitated
 person.  In  that event, the court that issued such order and the appro-
 priate district attorney must be notified, in  writing,  by  the  super-
 intendent  of  his  determination.  The  court must thereupon proceed in
 accordance with the provisions of subdivision two of section  730.30  of
 this  [chapter]  ARTICLE;  provided,  however, if the court is satisfied
 that the defendant remains an incapacitated person, and upon consent  of
 all  parties,  the  court  may  order the return of the defendant to the
 institution in which [he] THE DEFENDANT had been confined for such peri-
 od of time as was authorized by the prior order of commitment  or  order
 of  retention. Upon such return, the defendant shall have all rights and
 privileges accorded by the provisions of this article.
   7. (A) THE OFFICE OF MENTAL HEALTH SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PROGRAM ALLOWING FOR
 COUNTY  JAILS TO PROVIDE COMPETENCY RESTORATION SERVICES TO INCARCERATED
 INDIVIDUALS OF SUCH FACILITIES IN NO MORE  THAN  FIVE  COUNTIES  IN  THE
 STATE.    COUNTY PARTICIPATION IN A JAIL-BASED RESTORATION PROGRAM SHALL
 BE VOLUNTARY.
   (B) EACH COUNTY MAY PROVIDE  COMPETENCY  RESTORATION  SERVICES  EITHER
 DIRECTLY OR THROUGH CONTRACT.
   (C)  COUNTIES  PARTICIPATING  IN  A JAIL-BASED RESTORATION PROGRAM MAY
 APPOINT A WORKING GROUP TO DEVELOP RULES, GUIDANCE AND POLICIES FOR SUCH
 PROGRAM.  THE WORKGROUP MAY INCLUDE THE FOLLOWING:
   (1) ONE MEMBER WHO IS A SHERIFF;
   (2) ONE MEMBER WHO REPRESENTS A LOCAL MENTAL HEALTH AUTHORITY;
   (3) ONE MEMBER WHO IS A COUNTY COMMISSIONER, COUNTY JUDGE, OR  ELECTED
 COUNTY OFFICER;
 A. 2322                             3
 
   (4)  ONE  MEMBER  WHO  IS  A DISTRICT ATTORNEY OR COUNTY ATTORNEY WITH
 CRIMINAL JURISDICTION;
   (5) ONE MEMBER WHO IS A DEFENSE ATTORNEY;
   (6)  ONE  MEMBER WHO IS A JUDGE OF A DISTRICT CRIMINAL COURT OR COUNTY
 CRIMINAL COURT;
   (7) TWO MEMBERS WHO ARE MENTAL HEALTH ADVOCATES; AND
   (8) ANY OTHER MEMBER THE DEPARTMENT CONSIDERS APPROPRIATE  TO  APPOINT
 TO THE STAKEHOLDER WORKGROUP.
   (D) PROVIDERS OF JAIL-BASED RESTORATION SERVICES MUST:
   (1)  HAVE  PROVIDED  SUCH SERVICES IN JAIL-BASED SETTINGS FOR AT LEAST
 TWO YEARS; AND
   (2) BE A  LOCAL  MENTAL  HEALTH  ORGANIZATION  WITH  PRIOR  EXPERIENCE
 PROVIDING SUCH SERVICES.
   (E) A JAIL-BASED RESTORATION PROGRAM MUST:
   (1)  USE  A  MULTIDISCIPLINARY  TEAM INCLUDING AN ADVANCED PSYCHIATRIC
 PROVIDER, A QUALIFIED FORENSIC EXAMINER, MENTAL HEALTH PROFESSIONAL, AND
 COMPETENCY EDUCATOR;
   (2) BE DIRECTED TOWARD THE GOAL OF RESTORING A DEFENDANT'S FITNESS  TO
 STAND TRIAL; AND
   (3) PROVIDE SERVICES SIMILAR TO THOSE PROVIDED IN A HOSPITAL.
   (F) A COUNTY PARTICIPATING IN A JAIL-BASED RESTORATION PROGRAM SHALL:
   (1)  ENSURE THE SAFETY OF DEFENDANTS WHO PARTICIPATE IN THE JAIL-BASED
 RESTORATION OF COMPETENCY PILOT PROGRAM;
   (2) DESIGNATE A SEPARATE SPACE IN THE JAIL FOR THE PROVIDER TO CONDUCT
 THE PILOT PROGRAM;
   (3) PROVIDE THE SAME BASIC CARE TO THE PARTICIPANTS AS IS PROVIDED  TO
 OTHER INCARCERATED INDIVIDUALS OF A JAIL;
   (4)   SUPPLY   CLINICALLY   APPROPRIATE  PSYCHOACTIVE  MEDICATIONS  AS
 WARRANTED; AND
   (5) HAVE IN PLACE AN AGREEMENT WITH  A  HOSPITAL  POSSESSING  A  VALID
 OPERATING  CERTIFICATE  ISSUED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW THAT CAN PETITION THE COURT FOR AND ENFORCE  TREATMENT
 OVER OBJECTION FOR INDIVIDUALS COURT ORDERED TO RESTORATION SERVICES WHO
 REFUSE MEDICATION.
   (G)  IF  AT  ANY  TIME DURING A DEFENDANT'S PARTICIPATION IN THE JAIL-
 BASED RESTORATION PILOT PROGRAM THE PSYCHIATRIST OR PSYCHOLOGIST FOR THE
 PROVIDER DETERMINES THAT THE DEFENDANT HAS ATTAINED FITNESS TO PROCEED:
   (1) THE PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER  SHALL  PROMPTLY
 ISSUE AND SEND TO THE COURT A REPORT DEMONSTRATING THAT FACT; AND
   (2)  THE  COURT  SHALL CONSIDER THAT REPORT AS THE REPORT OF AN EXPERT
 STATING AN OPINION THAT THE DEFENDANT HAS BEEN RESTORED TO FITNESS.
   (H) IF AT ANY TIME DURING A DEFENDANT'S  PARTICIPATION  IN  THE  JAIL-
 BASED RESTORATION PILOT PROGRAM THE PSYCHIATRIST OR PSYCHOLOGIST FOR THE
 PROVIDER  DETERMINES  THAT  THE  DEFENDANT'S  FITNESS  TO STAND TRIAL IS
 UNLIKELY TO BE RESTORED IN THE FORESEEABLE FUTURE, THE  PSYCHIATRIST  OR
 PSYCHOLOGIST FOR THE PROVIDER SHALL PROMPTLY ISSUE AND SEND TO THE COURT
 A REPORT DEMONSTRATING THAT FACT.
   (I)  IF  THE  PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER DETERMINES
 THAT A DEFENDANT ORDERED TO PARTICIPATE IN THE  PILOT  PROGRAM  HAS  NOT
 BEEN  RESTORED  TO  FITNESS, BUT IS BELIEVED TO BE RESTORABLE TO FITNESS
 WITH ADDITIONAL TREATMENT BY THE END OF THE NINETIETH DAY AFTER THE DATE
 THE DEFENDANT BEGAN TO PARTICIPATE IN THE PILOT PROGRAM,  THE  DEFENDANT
 SHALL  BE TRANSFERRED, WITHOUT UNNECESSARY DELAY, TO THE FIRST AVAILABLE
 FACILITY THAT IS APPROPRIATE FOR THAT DEFENDANT PURSUANT TO  SUBDIVISION
 NINE OF SECTION 730.10 OF THIS ARTICLE.
   § 3.  This act shall take effect immediately.

co-Sponsors

2025-A2322A - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§730.10 & 730.60, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A7061
2023-2024: A1561

2025-A2322A - Summary

2025-A2322A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2322--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  WEPRIN,  WOERNER -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the criminal procedure law, in relation to  establishing
   a program enabling counties to opt-in to allow county jails to operate
   jail-based  competency  restoration services for incarcerated individ-
   uals deemed unfit for trial due to mental incapacity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 9 of section 730.10 of the criminal procedure
 law, as added by section 1 of part Q of chapter 56 of the laws of  2012,
 is amended to read as follows:
   9.  "Appropriate  institution"  means:  (a) a hospital operated by the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by the department of health which operates a psychiatric  unit  licensed
 by  the  office  of mental health; OR (C) A MENTAL HEALTH UNIT OPERATING
 WITHIN A LOCAL CORRECTIONAL FACILITY, as determined by the  commissioner
 provided,  however,  that any such hospital OR LOCAL CORRECTIONAL HEALTH
 AUTHORITY that is not operated by the state shall qualify as an  "appro-
 priate  institution"  only pursuant to the terms of an agreement between
 the commissioner and the hospital OR LOCAL CORRECTIONAL HEALTH  AUTHORI-
 TY,  OR  BETWEEN  THE COMMISSIONER AND A JAIL-BASED FACILITY PURSUANT TO
 SUBDIVISION SEVEN OF SECTION 730.60 OF THIS ARTICLE.   Nothing  in  this
 article  shall  be  construed  as  requiring  a  hospital OR LOCALITY to
 consent to providing care and treatment to an  incapacitated  person  at
 such  hospital OR LOCAL CORRECTIONAL HEALTH AUTHORITY.  THE COMMISSIONER
 OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS FOR THE LOCAL CORRECTIONAL
 HEALTH AUTHORITY TO IMPLEMENT RESTORATION TO COMPETENCY WITHIN  A  LOCAL
 CORRECTIONAL FACILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03010-02-5

 A. 2322--A                          2
 
   § 2.  Subdivisions 1 and 2 of section 730.60 of the criminal procedure
 law,  subdivision  1  as  amended by chapter 231 of the laws of 2008 and
 subdivision 2 as amended by chapter 57 of the laws of 1984, are  amended
 and a new subdivision 7 is added to read as follows:
   1.  When  a  local criminal court issues a final or temporary order of
 observation or an order of commitment, it must forward such order and  a
 copy  of  the  examination  reports and the accusatory instrument to the
 commissioner, and, if available, a copy of the pre-sentence report. Upon
 receipt thereof, the commissioner must designate an appropriate institu-
 tion operated by the department of mental hygiene,  OR  A  COUNTY  JAIL-
 BASED  COMPETENCY  RESTORATION  PROGRAM PURSUANT TO SUBDIVISION SEVEN OF
 THIS SECTION, in which the defendant is to be placed, provided, however,
 that the commissioner may designate an appropriate hospital  for  place-
 ment  of  a  defendant  for  whom  a final order of observation has been
 issued, where such hospital is licensed by the office of  mental  health
 and  has agreed to accept, upon referral by the commissioner, defendants
 subject to final orders of observation issued  under  this  subdivision.
 The  sheriff must hold the defendant in custody pending such designation
 by the commissioner, and when notified of the designation,  the  sheriff
 must  deliver  the  defendant to the superintendent of such institution.
 The superintendent must promptly inform the appropriate director of  the
 mental hygiene legal service of the defendant's admission to such insti-
 tution. If a defendant escapes from the custody of the commissioner, the
 escape  shall  interrupt  the period prescribed in any order of observa-
 tion, commitment or retention,  and  such  interruption  shall  continue
 until the defendant is returned to the custody of the commissioner.
   2.  Except as otherwise provided in subdivisions four and five OF THIS
 SECTION, when a defendant is in the custody of the commissioner pursuant
 to a temporary order of observation or an  order  of  commitment  or  an
 order  of  retention,  OR  A  COUNTY  JAIL-BASED  COMPETENCY RESTORATION
 PROGRAM PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION,  the  criminal
 action pending against the defendant in the court that issued such order
 is  suspended  until  the superintendent of the institution in which the
 defendant is confined OR A CLINICAL PSYCHIATRIST FOR A COUNTY JAIL-BASED
 COMPETENCY RESTORATION PROGRAM PURSUANT TO  SUBDIVISION  SEVEN  OF  THIS
 SECTION determines that [he] THE DEFENDANT is no longer an incapacitated
 person.  In  that event, the court that issued such order and the appro-
 priate district attorney must be notified, in  writing,  by  the  super-
 intendent  of  [his]  THE SUPERINTENDENT'S determination. The court must
 thereupon proceed in accordance with the provisions of  subdivision  two
 of  section  730.30 of this [chapter] ARTICLE; provided, however, if the
 court is satisfied that the defendant remains an  incapacitated  person,
 and  upon  consent of all parties, the court may order the return of the
 defendant to the institution  in  which  [he]  THE  DEFENDANT  had  been
 confined for such period of time as was authorized by the prior order of
 commitment  or order of retention. Upon such return, the defendant shall
 have all rights and privileges accorded by the provisions of this  arti-
 cle.
   7.  (A)  THE  OFFICE OF MENTAL HEALTH SHALL PROMULGATE RULES AND REGU-
 LATIONS FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PROGRAM ALLOWING FOR
 COUNTY JAILS TO PROVIDE COMPETENCY RESTORATION SERVICES TO  INCARCERATED
 INDIVIDUALS  OF  SUCH FACILITIES.   COUNTY PARTICIPATION IN A JAIL-BASED
 RESTORATION PROGRAM SHALL BE VOLUNTARY.
   (B) EACH COUNTY MAY PROVIDE  COMPETENCY  RESTORATION  SERVICES  EITHER
 DIRECTLY OR THROUGH CONTRACT.
 A. 2322--A                          3
 
   (C)  COUNTIES  PARTICIPATING  IN  A JAIL-BASED RESTORATION PROGRAM MAY
 APPOINT A WORKING GROUP TO DEVELOP RULES, GUIDANCE AND POLICIES FOR SUCH
 PROGRAM.  THE WORKGROUP MAY INCLUDE THE FOLLOWING:
   (1) ONE MEMBER WHO IS A SHERIFF;
   (2) ONE MEMBER WHO REPRESENTS A LOCAL MENTAL HEALTH AUTHORITY;
   (3)  ONE MEMBER WHO IS A COUNTY COMMISSIONER, COUNTY JUDGE, OR ELECTED
 COUNTY OFFICER;
   (4) ONE MEMBER WHO IS A DISTRICT  ATTORNEY  OR  COUNTY  ATTORNEY  WITH
 CRIMINAL JURISDICTION;
   (5) ONE MEMBER WHO IS A DEFENSE ATTORNEY;
   (6)  ONE  MEMBER WHO IS A JUDGE OF A DISTRICT CRIMINAL COURT OR COUNTY
 CRIMINAL COURT;
   (7) TWO MEMBERS WHO ARE MENTAL HEALTH ADVOCATES; AND
   (8) ANY OTHER MEMBER THE DEPARTMENT CONSIDERS APPROPRIATE  TO  APPOINT
 TO THE STAKEHOLDER WORKGROUP.
   (D) PROVIDERS OF JAIL-BASED RESTORATION SERVICES MUST:
   (1)  HAVE  PROVIDED  SUCH SERVICES IN JAIL-BASED SETTINGS FOR AT LEAST
 TWO YEARS; AND
   (2) BE A  LOCAL  MENTAL  HEALTH  ORGANIZATION  WITH  PRIOR  EXPERIENCE
 PROVIDING SUCH SERVICES.
   (E) A JAIL-BASED RESTORATION PROGRAM MUST:
   (1)  USE  A  MULTIDISCIPLINARY  TEAM INCLUDING AN ADVANCED PSYCHIATRIC
 PROVIDER, A QUALIFIED FORENSIC EXAMINER, MENTAL HEALTH PROFESSIONAL, AND
 COMPETENCY EDUCATOR;
   (2) BE DIRECTED TOWARD THE GOAL OF RESTORING A DEFENDANT'S FITNESS  TO
 STAND TRIAL; AND
   (3) PROVIDE SERVICES SIMILAR TO THOSE PROVIDED IN A HOSPITAL.
   (F) A COUNTY PARTICIPATING IN A JAIL-BASED RESTORATION PROGRAM SHALL:
   (1)  ENSURE THE SAFETY OF DEFENDANTS WHO PARTICIPATE IN THE JAIL-BASED
 RESTORATION OF COMPETENCY PROGRAM;
   (2) DESIGNATE A SEPARATE SPACE IN THE JAIL FOR THE PROVIDER TO CONDUCT
 THE PROGRAM;
   (3) PROVIDE THE SAME BASIC CARE TO THE PARTICIPANTS AS IS PROVIDED  TO
 OTHER INCARCERATED INDIVIDUALS OF A JAIL;
   (4)   SUPPLY   CLINICALLY   APPROPRIATE  PSYCHOACTIVE  MEDICATIONS  AS
 WARRANTED; AND
   (5) HAVE IN PLACE AN AGREEMENT WITH  A  HOSPITAL  POSSESSING  A  VALID
 OPERATING  CERTIFICATE  ISSUED  PURSUANT  TO ARTICLE TWENTY-EIGHT OF THE
 PUBLIC HEALTH LAW THAT CAN PETITION THE COURT FOR AND ENFORCE  TREATMENT
 OVER OBJECTION FOR INDIVIDUALS COURT ORDERED TO RESTORATION SERVICES WHO
 REFUSE MEDICATION.
   (G)  IF  AT  ANY  TIME DURING A DEFENDANT'S PARTICIPATION IN THE JAIL-
 BASED RESTORATION PROGRAM  THE  PSYCHIATRIST  OR  PSYCHOLOGIST  FOR  THE
 PROVIDER DETERMINES THAT THE DEFENDANT HAS ATTAINED FITNESS TO PROCEED:
   (1)  THE  PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER SHALL PROMPTLY
 ISSUE AND SEND TO THE COURT A REPORT DEMONSTRATING THAT FACT; AND
   (2) THE COURT SHALL CONSIDER THAT REPORT AS THE REPORT  OF  AN  EXPERT
 STATING AN OPINION THAT THE DEFENDANT HAS BEEN RESTORED TO FITNESS.
   (H)  IF  AT  ANY  TIME DURING A DEFENDANT'S PARTICIPATION IN THE JAIL-
 BASED RESTORATION PROGRAM  THE  PSYCHIATRIST  OR  PSYCHOLOGIST  FOR  THE
 PROVIDER  DETERMINES  THAT  THE  DEFENDANT'S  FITNESS  TO STAND TRIAL IS
 UNLIKELY TO BE RESTORED IN THE FORESEEABLE FUTURE, THE  PSYCHIATRIST  OR
 PSYCHOLOGIST FOR THE PROVIDER SHALL PROMPTLY ISSUE AND SEND TO THE COURT
 A REPORT DEMONSTRATING THAT FACT.
   (I)  IF  THE  PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER DETERMINES
 THAT A DEFENDANT ORDERED TO PARTICIPATE IN  THE  PROGRAM  HAS  NOT  BEEN
 A. 2322--A                          4
 
 RESTORED  TO  FITNESS,  BUT IS BELIEVED TO BE RESTORABLE TO FITNESS WITH
 ADDITIONAL TREATMENT BY THE END OF THE NINETIETH DAY AFTER THE DATE  THE
 DEFENDANT  BEGAN  TO  PARTICIPATE IN THE PROGRAM, THE DEFENDANT SHALL BE
 TRANSFERRED,  WITHOUT UNNECESSARY DELAY, TO THE FIRST AVAILABLE FACILITY
 THAT IS APPROPRIATE FOR THAT DEFENDANT PURSUANT TO SUBDIVISION  NINE  OF
 SECTION 730.10 OF THIS ARTICLE.
   § 3.  This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2025-A2322B (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§730.10 & 730.60, CP L
Versions Introduced in Other Legislative Sessions:: 2021-2022: A7061
2023-2024: A1561

2025-A2322B (ACTIVE) - Summary

2025-A2322B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2322--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by  M.  of  A.  McDONALD,  WEPRIN,  WOERNER -- read once and
   referred to the Committee  on  Codes  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT to amend the criminal procedure law, in relation to establishing
   a program enabling counties to opt-in to allow county jails to operate
   jail-based competency restoration services for  incarcerated  individ-
   uals deemed unfit for trial due to mental incapacity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 9 of section 730.10 of the criminal  procedure
 law,  as added by section 1 of part Q of chapter 56 of the laws of 2012,
 is amended to read as follows:
   9. "Appropriate institution" means: (a) a  hospital  operated  by  the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by  the  department of health which operates a psychiatric unit licensed
 by the office of mental health; OR (C) A MENTAL  HEALTH  UNIT  OPERATING
 WITHIN  A LOCAL CORRECTIONAL FACILITY, as determined by the commissioner
 provided, however, that any such hospital OR LOCAL  CORRECTIONAL  HEALTH
 AUTHORITY  that is not operated by the state shall qualify as an "appro-
 priate institution" only pursuant to the terms of an  agreement  between
 the  commissioner and the hospital OR LOCAL CORRECTIONAL HEALTH AUTHORI-
 TY, OR BETWEEN THE COMMISSIONER AND A JAIL-BASED  FACILITY  PURSUANT  TO
 SUBDIVISION  SEVEN  OF  SECTION 730.60 OF THIS ARTICLE.  Nothing in this
 article shall be construed  as  requiring  a  hospital  OR  LOCALITY  to
 consent  to  providing  care and treatment to an incapacitated person at
 such hospital OR LOCAL CORRECTIONAL HEALTH AUTHORITY.  THE  COMMISSIONER
 OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS FOR THE LOCAL CORRECTIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03010-04-5
 A. 2322--B                          2

 
 HEALTH  AUTHORITY  TO IMPLEMENT RESTORATION TO COMPETENCY WITHIN A LOCAL
 CORRECTIONAL FACILITY.
   § 2.  Subdivisions 1 and 2 of section 730.60 of the criminal procedure
 law,  subdivision  1  as  amended by chapter 231 of the laws of 2008 and
 subdivision 2 as amended by chapter 57 of the laws of 1984, are  amended
 and a new subdivision 7 is added to read as follows:
   1.  When  a  local criminal court issues a final or temporary order of
 observation or an order of commitment, it must forward such order and  a
 copy  of  the  examination  reports and the accusatory instrument to the
 commissioner, THE LOCAL GOVERNMENTAL UNIT AS DEFINED IN SECTION 41.03 OF
 THE MENTAL HYGIENE LAW, AND DIRECTOR OF  COMMUNITY  SERVICES,  OR  THEIR
 DESIGNEE,  AS  DEFINED IN SECTION 9.01 OF THE MENTAL HYGIENE LAW, OF THE
 COUNTY OF THE PARTICIPATING LOCAL CORRECTIONAL FACILITY, and, if  avail-
 able,  a  copy  of  the  pre-sentence  report. Upon receipt thereof, the
 commissioner must designate an appropriate institution operated  by  the
 department of mental hygiene, OR A COUNTY JAIL-BASED COMPETENCY RESTORA-
 TION PROGRAM PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, in which the
 defendant  is to be placed, provided, however, that the commissioner may
 designate an appropriate hospital for placement of a defendant for  whom
 a  final  order  of  observation has been issued, where such hospital is
 licensed by the office of mental health and has agreed to  accept,  upon
 referral  by  the  commissioner,  defendants  subject to final orders of
 observation issued under this subdivision. The  sheriff  must  hold  the
 defendant  in  custody pending such designation by the commissioner, and
 when notified of the designation, the sheriff must deliver the defendant
 to the superintendent  of  such  institution.  The  superintendent  must
 promptly  inform  the  appropriate  director of the mental hygiene legal
 service of the defendant's admission to such institution. If a defendant
 escapes from the custody of the commissioner, the escape shall interrupt
 the period  prescribed  in  any  order  of  observation,  commitment  or
 retention,  and  such interruption shall continue until the defendant is
 returned to the custody of the commissioner.
   2. Except as otherwise provided in subdivisions four and five OF  THIS
 SECTION, when a defendant is in the custody of the commissioner pursuant
 to  a  temporary  order  of  observation or an order of commitment or an
 order of  retention,  OR  A  COUNTY  JAIL-BASED  COMPETENCY  RESTORATION
 PROGRAM  PURSUANT  TO  SUBDIVISION  SEVEN  OF THIS SECTION, the criminal
 action pending against the defendant in the court that issued such order
 is suspended until the superintendent of the institution  in  which  the
 defendant is confined OR A CLINICAL PSYCHIATRIST FOR A COUNTY JAIL-BASED
 COMPETENCY  RESTORATION  PROGRAM  PURSUANT  TO SUBDIVISION SEVEN OF THIS
 SECTION determines that [he] THE DEFENDANT is no longer an incapacitated
 person. In that event, the court that issued such order and  the  appro-
 priate  district  attorney  must  be notified, in writing, by the super-
 intendent of [his] THE SUPERINTENDENT'S determination.  The  court  must
 thereupon  proceed  in accordance with the provisions of subdivision two
 of section 730.30 of this [chapter] ARTICLE; provided, however,  if  the
 court  is  satisfied that the defendant remains an incapacitated person,
 and upon consent of all parties, the court may order the return  of  the
 defendant  to  the  institution  in  which  [he]  THE DEFENDANT had been
 confined for such period of time as was authorized by the prior order of
 commitment or order of retention. Upon such return, the defendant  shall
 have  all rights and privileges accorded by the provisions of this arti-
 cle.
   7. (A) THE OFFICE OF MENTAL HEALTH SHALL PROMULGATE  RULES  AND  REGU-
 LATIONS FOR THE DEVELOPMENT AND IMPLEMENTATION OF A PROGRAM ALLOWING FOR
 A. 2322--B                          3
 
 COUNTY  JAILS TO PROVIDE COMPETENCY RESTORATION SERVICES TO INCARCERATED
 INDIVIDUALS OF SUCH FACILITIES.   COUNTY PARTICIPATION IN  A  JAIL-BASED
 RESTORATION PROGRAM SHALL BE VOLUNTARY.
   (B)  EACH  COUNTY  MAY  PROVIDE COMPETENCY RESTORATION SERVICES EITHER
 DIRECTLY OR THROUGH CONTRACT.
   (C) COUNTIES PARTICIPATING IN A  JAIL-BASED  RESTORATION  PROGRAM  MAY
 APPOINT A WORKING GROUP TO DEVELOP RULES, GUIDANCE AND POLICIES FOR SUCH
 PROGRAM.  THE WORKGROUP MAY INCLUDE THE FOLLOWING:
   (1) ONE MEMBER WHO IS A SHERIFF;
   (2) ONE MEMBER WHO REPRESENTS A LOCAL MENTAL HEALTH AUTHORITY;
   (3)  ONE MEMBER WHO IS A COUNTY COMMISSIONER, COUNTY JUDGE, OR ELECTED
 COUNTY OFFICER;
   (4) ONE MEMBER WHO IS A DISTRICT  ATTORNEY  OR  COUNTY  ATTORNEY  WITH
 CRIMINAL JURISDICTION;
   (5) ONE MEMBER WHO IS A DEFENSE ATTORNEY;
   (6)  ONE  MEMBER WHO IS A JUDGE OF A DISTRICT CRIMINAL COURT OR COUNTY
 CRIMINAL COURT;
   (7) TWO MEMBERS WHO ARE MENTAL HEALTH ADVOCATES; AND
   (8) ANY OTHER MEMBER THE DEPARTMENT CONSIDERS APPROPRIATE  TO  APPOINT
 TO THE STAKEHOLDER WORKGROUP.
   (D) PROVIDERS OF JAIL-BASED RESTORATION SERVICES MUST:
   (1) HAVE PROVIDED MENTAL HEALTH SERVICES IN JAIL-BASED SETTINGS FOR AT
 LEAST TWO YEARS; AND
   (2)  BE  A  LOCAL  MENTAL HEALTH ORGANIZATION OR A CORRECTIONAL HEALTH
 AGENCY WITH PRIOR EXPERIENCE PROVIDING MENTAL HEALTH SERVICES.
   (E) A JAIL-BASED RESTORATION PROGRAM MUST:
   (1) USE A MULTIDISCIPLINARY TEAM  INCLUDING  AN  ADVANCED  PSYCHIATRIC
 PROVIDER, A QUALIFIED FORENSIC EXAMINER, MENTAL HEALTH PROFESSIONAL, AND
 COMPETENCY EDUCATOR;
   (2)  BE DIRECTED TOWARD THE GOAL OF RESTORING A DEFENDANT'S FITNESS TO
 STAND TRIAL; AND
   (3) PROVIDE SERVICES SIMILAR TO THOSE PROVIDED IN A HOSPITAL.
   (F) A COUNTY PARTICIPATING IN A JAIL-BASED RESTORATION PROGRAM SHALL:
   (1) ENSURE THE SAFETY OF DEFENDANTS WHO PARTICIPATE IN THE  JAIL-BASED
 RESTORATION OF COMPETENCY PROGRAM;
   (2) DESIGNATE A SEPARATE SPACE IN THE JAIL FOR THE PROVIDER TO CONDUCT
 THE PROGRAM;
   (3)  PROVIDE THE SAME BASIC CARE TO THE PARTICIPANTS AS IS PROVIDED TO
 OTHER INCARCERATED INDIVIDUALS OF A JAIL;
   (4)  SUPPLY  CLINICALLY  APPROPRIATE   PSYCHOACTIVE   MEDICATIONS   AS
 WARRANTED; AND
   (5)  HAVE  IN  PLACE  AN  AGREEMENT WITH A HOSPITAL POSSESSING A VALID
 OPERATING CERTIFICATE ISSUED PURSUANT TO  ARTICLE  TWENTY-EIGHT  OF  THE
 PUBLIC  HEALTH LAW THAT CAN PETITION THE COURT FOR AND ENFORCE TREATMENT
 OVER OBJECTION FOR INDIVIDUALS COURT ORDERED TO RESTORATION SERVICES WHO
 REFUSE MEDICATION.
   (G) IF AT ANY TIME DURING A DEFENDANT'S  PARTICIPATION  IN  THE  JAIL-
 BASED  RESTORATION  PROGRAM  THE  PSYCHIATRIST  OR  PSYCHOLOGIST FOR THE
 PROVIDER DETERMINES THAT THE DEFENDANT HAS ATTAINED FITNESS TO PROCEED:
   (1) THE PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER  SHALL  PROMPTLY
 ISSUE AND SEND TO THE COURT A REPORT DEMONSTRATING THAT FACT; AND
   (2)  THE  COURT  SHALL CONSIDER THAT REPORT AS THE REPORT OF AN EXPERT
 STATING AN OPINION THAT THE DEFENDANT HAS BEEN RESTORED TO FITNESS.
   (H) IF AT ANY TIME DURING A DEFENDANT'S  PARTICIPATION  IN  THE  JAIL-
 BASED  RESTORATION  PROGRAM  THE  PSYCHIATRIST  OR  PSYCHOLOGIST FOR THE
 PROVIDER DETERMINES THAT THE  DEFENDANT'S  FITNESS  TO  STAND  TRIAL  IS
 A. 2322--B                          4
 
 UNLIKELY  TO  BE RESTORED IN THE FORESEEABLE FUTURE, THE PSYCHIATRIST OR
 PSYCHOLOGIST FOR THE PROVIDER SHALL PROMPTLY ISSUE AND SEND TO THE COURT
 A REPORT DEMONSTRATING THAT FACT.
   (I)  IF  THE  PSYCHIATRIST OR PSYCHOLOGIST FOR THE PROVIDER DETERMINES
 THAT A DEFENDANT ORDERED TO PARTICIPATE IN  THE  PROGRAM  HAS  NOT  BEEN
 RESTORED  TO  FITNESS,  BUT IS BELIEVED TO BE RESTORABLE TO FITNESS WITH
 ADDITIONAL TREATMENT BY THE END OF THE NINETIETH DAY AFTER THE DATE  THE
 DEFENDANT  BEGAN  TO  PARTICIPATE IN THE PROGRAM, THE DEFENDANT SHALL BE
 TRANSFERRED, WITHOUT UNNECESSARY DELAY, TO THE FIRST AVAILABLE  FACILITY
 THAT  IS  APPROPRIATE FOR THAT DEFENDANT PURSUANT TO SUBDIVISION NINE OF
 SECTION 730.10 OF THIS ARTICLE.
   § 3.  This act shall take effect immediately.

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Assembly Bill A2322B

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Sponsored By

MCDONALD

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

David Weprin

Carrie Woerner

2025-A2322 - Details

2025-A2322 - Summary

2025-A2322 - Bill Text download pdf

co-Sponsors

David Weprin

Carrie Woerner

2025-A2322A - Details

2025-A2322A - Summary

2025-A2322A - Bill Text download pdf

co-Sponsors

David Weprin

Carrie Woerner

Chris Burdick

Gabriella Romero

2025-A2322B (ACTIVE) - Details

2025-A2322B (ACTIVE) - Summary

2025-A2322B (ACTIVE) - Bill Text download pdf

Comments