Bill > A05567

This bill provides comprehensive updates to New York's criminal procedure law regarding determining a defendant's capacity to stand trial, with a particular focus on introducing and defining "restoration services." The bill modifies existing statutes to replace gendered language with gender-neutral terminology and expands the definition of "restoration services" to include specific interventions like medication support, classroom-based competency instruction, mock trials, symptom management, and rehabilitative services designed to help an incapacitated defendant understand criminal charges and participate in their own defense. Key changes include reducing the maximum period for hospital confinement during examinations from thirty to ten days, requiring psychiatric examiners to provide professional opinions about the likelihood of successfully restoring a defendant's competence, and broadening the definition of "appropriate institutions" to include mental health units within local correctional facilities. The bill also establishes procedures for handling cases where a defendant remains incapacitated, including potential transfer to civil commitment proceedings and ensuring that counties or cities maintain their historical level of financial support for restoration services. These modifications aim to create a more flexible, comprehensive, and potentially more effective approach to addressing defendants with mental health challenges within the criminal justice system.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A5567