Imposes certain requirements on institutions housing a defendant due to mental disease or defect prior to the discharge of such defendant, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1744--A
     Cal. No. 1524
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, ADDABBO, KRUEGER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Codes -- committee discharged and said bill committed to the Committee
   on Rules -- ordered to a third reading, amended and ordered reprinted,
   retaining its place in the order of third reading
 
 AN  ACT to amend the criminal procedure law, in relation to cases termi-
   nated due to mental disease or defect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 730.40 of the criminal procedure
 law, as amended by chapter 7 of the laws of 2013, is amended to read  as
 follows:
   2.  (A)(1)  When  a  local  criminal court has issued a final order of
 observation, it must:
   (A) ORDER THE INSTITUTION IN WHICH THE DEFENDANT IS CONFINED TO MAKE A
 SINGLE POINT OF ACCESS REFERRAL FOR THE DEFENDANT WITH  THE  APPROPRIATE
 AGENCY  CLOSEST  TO THE DEFENDANT'S LAST KNOWN COUNTY OF RESIDENCE PRIOR
 TO DISCHARGE; AND
   (B) dismiss the accusatory instrument filed in such court against  the
 defendant  and  such  dismissal  constitutes a bar to any further prose-
 cution of the charge or charges contained in such accusatory instrument.
   (2) EACH APPROPRIATE INSTITUTION SHALL MAINTAIN RECORDS COMPILING  ALL
 DISCHARGE PLANNING AND SINGLE POINT OF ACCESS REFERRALS COMPLETED PURSU-
 ANT TO SUBPARAGRAPH ONE OF THIS PARAGRAPH AND SUBMIT DE-IDENTIFIED BIAN-
 NUAL  REPORTS  ON SUCH RECORDS TO THE COMMISSIONER AND CHIEF ADMINISTRA-
 TIVE JUDGE OF THE COURTS.
   (B) When the defendant is in the custody of the commissioner  pursuant
 to  a  final order of observation, the commissioner or [his or her] SUCH
 COMMISSIONER'S designee, which may include the director of an  appropri-
 ate  institution,  immediately upon the discharge of the defendant, must
 certify to such court that [he or she] THE COMMISSIONER OR SUCH  COMMIS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05187-04-5
 S. 1744--A                          2
 
 SIONER'S  DESIGNEE  has complied with the notice provisions set forth in
 paragraph (a) of subdivision six of section 730.60 of this  article  AND
 THE  REFERRAL PROVISIONS SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
 When  the defendant is in the custody of the commissioner at the expira-
 tion of the period prescribed in a temporary order of  observation,  the
 proceedings  in  the  local  criminal court that issued such order shall
 terminate for all purposes and the commissioner must promptly certify to
 such court and to the appropriate district attorney that  the  defendant
 was  in [his or her] THE COMMISSIONER'S custody on such expiration date.
 Upon receipt of such certification, the court must  dismiss  the  felony
 complaint filed against the defendant.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.