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NY A02322

Bill

Status

Introduced

1/16/2025

Primary Sponsor

John McDonald

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Expands the definition of "appropriate institution" for competency restoration to include mental health units operating within local correctional facilities, in addition to state hospitals and licensed psychiatric units

  • Creates a voluntary opt-in program allowing counties to provide competency restoration services to incarcerated individuals deemed unfit for trial, either directly or through contracted providers

  • Requires jail-based restoration providers to have at least two years of experience in jail settings and use multidisciplinary teams including psychiatric providers, forensic examiners, and competency educators

  • Mandates participating counties designate separate jail space for the program, ensure participant safety, supply appropriate psychoactive medications, and establish agreements with hospitals for court-ordered medication enforcement

  • Limits jail-based restoration to 90 days, after which defendants not restored to fitness but still deemed restorable must be transferred to a state-operated facility

Legislative Description

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.

Last Action

enacting clause stricken

3/10/2026

Committee Referrals

Codes1/16/2025

Full Bill Text

No bill text available