New York 2025-2026 Regular Session

New York Assembly Bill A10946

Introduced
4/14/26  

Caption

Directs court to establish a period of commitment for persons found not responsible by reason of mental disease or defect

Impact

The implications of Bill A10946 are significant as they reform the existing processes surrounding mental health defenses in criminal cases. The law aims to balance the needs for public safety, ensuring that defendants who are not held criminally responsible due to mental health issues receive proper care. However, it also establishes procedural safeguards for the rights of defendants, requiring thorough psychiatric evaluations and allowing for court reviews before any extensions of their confinement can be made. This could lead to a more structured approach to mental health treatments in the criminal justice system, ensuring that assessments and decisions are made with a clear focus on both mental health care and community safety.

Summary

Bill A10946 proposes modifications to the criminal procedure law regarding the retention of custody for individuals found not guilty by reason of mental disease or defect. The bill directs criminal courts to establish a period of commitment for such individuals, stating they cannot be released from the custody of the Commissioners of Mental Health or Developmental Disabilities until the completion of their mandated commitment period. This aims to ensure that individuals who pose a potential danger to themselves or others are treated appropriately while being safeguarded by legal regulations.

Contention

One notable point of contention surrounding this bill relates to the definitions and procedures outlined for dangerous mental disorders and the thresholds for commitment versus release. Critics argue that the established time frames for commitment could lead to unnecessary detentions for individuals who may rehabilitate more quickly, while supporters believe these measures are essential to protecting public safety. Additionally, the bill places an increased emphasis on the mental health service provisions, aiming to ensure that the facilities and care provided are up to quality standards, influencing how defendants receive treatment while in custody.

Companion Bills

NY S03378

Same As Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.

Previously Filed As

NY S08567

Redefines culpability from not responsible by reason of mental disease or defect to responsible but for mental disease or defect; amends the procedures to be followed following a verdict or plea of responsible but for mental disease or defect; establishes maximum and minimum terms for persons sentenced upon such a verdict or plea.

NY S08310

Enacts the "forensic rehabilitation act" relating to the custody of individuals following a verdict or plea of not responsible by reason of mental disease or defect.

NY A08603

Enacts the "forensic rehabilitation act" relating to the custody of individuals following a verdict or plea of not responsible by reason of mental disease or defect.

NY S01927

Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.

NY S03378

Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.

NY S08813

Relates to cases terminated due to mental disease or defect and to establishing reporting obligations regarding such cases.

NY A09491

Relates to cases terminated due to mental disease or defect and to establishing reporting obligations regarding such cases.

NY S07474

Establishes a cause of action for medical monitoring for a person with or without a present injury or disease; establishes a statute of limitation for such cause of action.

NY S07553

Relates to establishing extended producer responsibility for tires; provides that no later than June 30, 2027 a producer shall submit a plan for the establishment of a collection program for tires; establishes the tire extended producer responsibility fund.

NY A08168

Relates to establishing extended producer responsibility for tires; provides that no later than June 30, 2027 a producer shall submit a plan for the establishment of a collection program for tires; establishes the tire extended producer responsibility fund.

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