S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2440
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the criminal procedure law, in relation to cases termi-
   nated due to mental disease or defect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 2 of section 730.40 of the criminal procedure
 law, as amended by chapter 7 of the laws of 2013, is amended to read  as
 follows:
   2.  (A)(1)  When  a  local  criminal court has issued a final order of
 observation, it must:
   (A) ORDER THE INSTITUTION IN WHICH THE DEFENDANT IS CONFINED TO ASSIGN
 A CRITICAL TIME INTERVENTION CARE MANAGEMENT TEAM TO THE  DEFENDANT  AND
 MAKE A SINGLE POINT OF ACCESS REFERRAL FOR THE DEFENDANT WITH THE APPRO-
 PRIATE  AGENCY CLOSEST TO THE DEFENDANT'S LAST KNOWN COUNTY OF RESIDENCE
 PRIOR TO DISCHARGE; AND
   (B) dismiss the accusatory instrument filed in such court against  the
 defendant  and  such  dismissal  constitutes a bar to any further prose-
 cution of the charge or charges contained in such accusatory instrument.
   (2) EACH APPROPRIATE INSTITUTION SHALL MAINTAIN RECORDS COMPILING  ALL
 DISCHARGE  PLANNING,  CRITICAL  TIME  INTERVENTION  CARE MANAGEMENT TEAM
 ASSIGNMENTS, AND SINGLE POINT OF ACCESS REFERRALS COMPLETED PURSUANT  TO
 SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH AND SUBMIT DE-IDENTIFIED QUARTERLY
 REPORTS ON SUCH RECORDS TO THE  COMMISSIONER  AND  CHIEF  ADMINISTRATIVE
 JUDGE OF THE COURTS.
   (B)  When the defendant is in the custody of the commissioner pursuant
 to a final order of observation, the commissioner or [his or  her]  SUCH
 COMMISSIONER'S  designee, which may include the director of an appropri-
 ate institution, immediately upon the discharge of the  defendant,  must
 certify  to such court that [he or she] THE COMMISSIONER OR SUCH COMMIS-
 SIONER'S DESIGNEE has complied with the notice provisions set  forth  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05187-01-5
              

 A. 2440                             2
 
 paragraph  (a)  of subdivision six of section 730.60 of this article AND
 THE REFERRAL PROVISIONS SET FORTH IN PARAGRAPH (A) OF THIS  SUBDIVISION.
 When  the defendant is in the custody of the commissioner at the expira-
 tion  of  the period prescribed in a temporary order of observation, the
 proceedings in the local criminal court that  issued  such  order  shall
 terminate for all purposes and the commissioner must promptly certify to
 such  court  and to the appropriate district attorney that the defendant
 was in [his or her] THE COMMISSIONER'S custody on such expiration  date.
 Upon  receipt  of  such certification, the court must dismiss the felony
 complaint filed against the defendant.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.