Requires each appropriate institution housing a defendant due to mental disease or defect to assign a critical time intervention care management team to the defendant and make a single point of access referral for the defendant prior to such defendant's discharge.
Summary
A02440 amends New York’s criminal procedure law governing defendants found unfit to proceed because of mental disease or defect and subject to a final or temporary order of observation. The bill requires the institution housing such a defendant to make a single point of access referral to the appropriate agency closest to the defendant’s last known county of residence before discharge. It also requires institutions to keep records of discharge planning and referrals and to submit de-identified biannual reports to the commissioner and the chief administrative judge of the courts.
The bill also updates the certification process when a defendant is discharged from custody of the commissioner. It requires the commissioner or the commissioner’s designee to certify compliance with both existing notice requirements and the new referral requirements. When a defendant remains in the commissioner’s custody at the expiration of a temporary order of observation, the criminal proceedings terminate and the court must dismiss the felony complaint. The act would take effect 90 days after becoming law.
Impact
The bill would modify Criminal Procedure Law section 730.40 and related discharge procedures for defendants held due to mental disease or defect. It adds mandatory discharge-planning and referral duties for institutions, creates reporting obligations, and clarifies certification language for the commissioner and designees. The practical effect is to strengthen linkage to community-based services and formalize documentation and oversight in cases ending with dismissal after observation orders.
Sentiment
The available voting history shows strong support and no recorded opposition: the Assembly Ways and Means Committee advanced the bill 34-0 and the Assembly Rules Committee approved it 29-0. No committee transcript objections are provided, and the bill’s framing suggests a generally favorable view as a public-safety and behavioral-health coordination measure. Overall, the sentiment appears broadly supportive and noncontroversial in committee action.
Contention
No direct committee debate is available, so specific objections are not documented in the provided materials. Potential points of contention, based on the text, could include the added administrative burden on institutions, the scope of reporting to state judicial and executive officials, and whether mandatory referrals and care management requirements are sufficiently funded or operationally feasible. The bill’s supporters appear to favor improved discharge planning and continuity of care for defendants with mental illness, while any concerns would likely center on implementation rather than the underlying policy goal.
Same As
Requires each appropriate institution housing a defendant due to mental disease or defect to assign a critical time intervention care management team to the defendant and make a single point of access referral for the defendant prior to such defendant's discharge.
Requires each appropriate institution housing a defendant due to mental disease or defect to assign a critical time intervention care management team to the defendant and make a single point of access referral for the defendant prior to such defendant's discharge.