NY A09491

Amends discharge planning requirements for defendants under final orders of observation, requiring the commissioner-designated institution to provide discharge planning including referrals to single point of access or outpatient providers when clinically indicated

Removes previous requirement for institutions to maintain records and submit de-identified biannual reports on discharge planning and referrals to the commissioner and chief administrative judge

Establishes new annual reporting obligations for the Office of Mental Health, requiring posting on its website by January 1st each year data on defendants committed by final orders of observation

Required annual reports must include: number of defendants committed, originating counties, designated observation institutions, and for state-operated hospitals—inpatient admission rates, average length of stay, referral numbers, and discharge planning status

For non-state-operated hospitals, reports must include the number of defendants admitted to inpatient psychiatric units versus those evaluated and discharged without admission

Takes effect on the same date as the 2025 law (S. 1744-A/A. 2440-A) amending criminal procedure law on mental disease or defect cases, with the reporting section effective January 1, 2027