New York A 10946: Establishes the differentiated learning environment task force

Bill Text

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A10946 Summary:

BILL NOA10946 

&nbsp

SAME ASSAME AS S03378

&nbsp

SPONSORBlankenbush

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §330.20, CP L

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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.

Go to top A10946 Actions:

BILL NOA10946 

&nbsp

04/14/2026referred to codes

Go to topA10946 Committee&nbspVotes:

Go to topA10946 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA10946 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10946

 IN ASSEMBLY

 April 14, 2026
 ___________

 Introduced by M. of A. BLANKENBUSH -- read once and referred to the
 Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to retention of
 custody of persons found not guilty by reason of mental disease or
 defect

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 330.20 of the criminal procedure law, as added by
 2 chapter 548 of the laws of 1980, paragraphs (a) and (b) of subdivision 1
 3 as amended by chapter 672 of the laws of 2019, paragraph (d) of subdivi-
 4 sion 1 and the opening paragraph of subdivision 2 as amended by chapter
 5 479 of the laws of 2022, paragraph (o) of subdivision 1, the closing
 6 paragraph of subdivision 2 and subdivisions 7-a and 22 as amended by
 7 chapter 107 of the laws of 2004, subdivisions 2 and 20 as amended by
 8 chapter 693 of the laws of 1989, subdivision 2-a as added by chapter 1
 9 of the laws of 2013, subdivisions 5, 8, 9, 10, 11, 12, 13 and 14 as
 10 amended by chapter 789 of the laws of 1985, subdivision 21 as added by
 11 chapter 976 of the laws of 1983, and subparagraph (ii) of paragraph (a)
 12 of subdivision 21 as amended by chapter 330 of the laws of 1993, is
 13 amended to read as follows:
 14 § 330.20 Procedure following verdict or plea of not responsible by
 15 reason of mental disease or defect.
 16 1. Definition of terms. As used in this section, the following terms
 17 shall have the following meanings:
 18 (a) "Commissioner" means the [state] commissioner of mental health or
 19 the [state] commissioner of the office for people with developmental
 20 disabilities.
 21 (b) "Secure facility" means a facility within the [state] office of
 22 mental health or the [state] office for people with developmental disa-
 23 bilities which is staffed with personnel adequately trained in security
 24 methods and is so equipped as to minimize the risk or danger of escapes,
 25 and which has been so specifically designated by the commissioner.
 26 (c) "Dangerous mental disorder" means: (i) that a defendant currently
 27 suffers from a "mental illness" as that term is defined in subdivision

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03632-01-5

 A. 10946 2

 1 twenty of section 1.03 of the mental hygiene law, and (ii) that because
 2 of such condition [he] the defendant currently constitutes a physical
 3 danger to [himself] themself or others.
 4 (d) "Mentally ill" means that a defendant currently suffers from a
 5 mental illness for which care and treatment as a patient, in the in-pa-
 6 tient services of a psychiatric center under the jurisdiction of the
 7 [state] office of mental health, is essential to such defendant's
 8 welfare and that [his or her] such defendant's judgment is so impaired
 9 that [he] the defendant is unable to understand the need for such care
 10 and treatment; and, where a defendant has a developmental disability,
 11 the term "mentally ill" shall also mean, for purposes of this section,
 12 that the defendant is in need of care and treatment as a resident in the
 13 in-patient services of a developmental center or other residential
 14 facility for individuals with developmental disabilities under the
 15 jurisdiction of the [state] office for people with developmental disa-
 16 bilities.
 17 (e) "Examination order" means an order directed to the commissioner
 18 r