Bill > S01004

This bill provides comprehensive updates to New York's criminal procedure and mental hygiene laws regarding determining a defendant's capacity to stand trial and receiving restoration services. The bill introduces a new definition of "restoration services" which includes medication support, classroom-based competency instruction, mock trials, symptom management, and rehabilitative services designed to help an incapacitated defendant understand the charges against them and participate in their own defense. Key changes include requiring psychiatric examiners to provide a professional opinion on whether restoration services could reasonably help restore the defendant's competence, expanding the definition of "appropriate institutions" to include mental health units in local correctional facilities, and modifying procedures for examining, committing, and treating defendants who are deemed incapacitated. The bill aims to provide a more structured and nuanced approach to handling defendants with mental health challenges in the criminal justice system, with an emphasis on potential rehabilitation and restoration of competence. Additionally, the bill includes provisions for how counties and cities should handle payments and savings related to restoration services, ensuring that any reduced expenditures are redirected to identified local service needs.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1004