Bill > A02322

This bill establishes a voluntary program allowing counties to implement jail-based competency restoration services for individuals deemed unfit to stand trial due to mental incapacity. The legislation enables county jails to create mental health programs that aim to restore a defendant's mental fitness within the correctional facility, rather than transferring them to a state mental health hospital. Counties can develop these programs directly or through contracts, and must form a diverse stakeholder working group to guide implementation. Providers of these services must have at least two years of mental health experience in jail settings and use a multidisciplinary team including psychiatric providers, forensic examiners, and mental health professionals. The program requires participating counties to ensure participant safety, provide a separate program space within the jail, supply appropriate medications, and have an agreement with a hospital for potential involuntary treatment. If a defendant is deemed unlikely to be restored to competency within 90 days, they will be transferred to an appropriate state facility. The bill amends existing criminal procedure law to incorporate these new jail-based competency restoration services as an alternative to traditional hospital-based treatment, giving counties more flexibility in managing defendants with mental health challenges.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A2322