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NY S01004
Bill
Status
6/13/2025
Primary Sponsor
Samra Brouk
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AI Summary
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Defines "restoration services" as medication support, classroom-based competency instruction, mock trials, symptom management, and rehabilitative services designed to help incapacitated defendants understand charges and participate in their defense
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Requires psychiatric examiners to include in their reports an opinion on whether there is a reasonable expectation that restoration services could restore the defendant to competence within a reasonable time period
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Reduces initial hospital confinement periods for competency examinations from 30 days to 10 days, with extensions also reduced from 30 to 10 days
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Limits commitment orders for felony defendants found incapacitated to 90 days (reduced from one year), with retention requiring court hearings to determine if there is a substantial probability of restoration
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Expands "appropriate institution" to include mental health units operating within local correctional facilities, subject to agreements with the commissioner of mental health
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Transfers costs of defendant maintenance during examination from county responsibility to state responsibility, and requires savings from reduced county payments for restoration services to be used for mental health services identified in local plans
Legislative Description
Provides for the use of restoration services when determining the capacity of a defendant to stand trial.
Last Action
REFERRED TO CODES
1/7/2026