New York S 8310: Enacts the "forensic rehabilitation act"; repealer

Bill Text

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S08310 Summary:

BILL NOS08310 

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SAME ASSAME AS A08603

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SPONSORBROUK

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COSPNSRFERNANDEZ, GONZALEZ, JACKSON, SALAZAR, WEBB

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MLTSPNSR

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Amd §§330.20 & 730.50, rpld §330.20 sub 14, CP L

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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.

Go to top S08310 Actions:

BILL NOS08310 

&nbsp

05/30/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS08310 Committee&nbspVotes:

Go to topS08310 Floor&nbspVotes:

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

Go to topS08310 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8310

 2025-2026 Regular Sessions

 IN SENATE

 May 30, 2025
 ___________

 Introduced by Sen. BROUK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to enacting the
 "forensic rehabilitation act"; and to repeal subdivision 14 of section
 330.20 of such law, relating to recommitment orders

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

 1 Section 1. This act shall be known and may be cited as the "forensic
 2 rehabilitation act".
 3 § 2. Paragraphs (c), (d), (e), (g), (h) and (i) of subdivision 1 of
 4 section 330.20 of the criminal procedure law, paragraphs (c), (e), (g),
 5 (h) and (i) as added by chapter 548 of the laws of 1980 and paragraph
 6 (d) as amended by chapter 479 of the laws of 2022, is amended to read as
 7 follows:
 8 (c) ["Dangerous mental disorder"] "Qualifying condition and level of
 9 imminent serious risk" means at the time of any examination or determi-
 10 nation as to whether or not a defendant has a qualifying condition and
 11 level of imminent serious risk or mental illness or should be granted a
 12 furlough or any other privilege: (i) that a [defendant currently suffers
 13 from] person at the time of examination or determination has a "mental
 14 illness" as that term is defined in subdivision twenty of section 1.03
 15 of the mental hygiene law, and (ii) that because of such condition [he]
 16 such person currently constitutes a risk of imminent serious physical
 17 danger to [himself] themself or others based on the individual's actions
 18 at that time. All assessments of the risk of imminent serious physical
 19 danger shall take into account any and all evidence indicating that the
 20 individual at that time does not currently pose such a danger, including
 21 assessments made by psychologists and psychiatrists and the individual's
 22 current behaviors, participation in treatment and programming, and
 23 growth and development.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13182-01-5

 S. 8310 2

 1 (d) ["Mentally ill"] "Person with mental health, developmental, cogni-
 2 tive, or intellectual challenges" means that a [defendant currently
 3 suffers from] person at the time of any examination or determination as
 4 to whether or not a person has a qualifying condition and level of immi-
 5 nent serious risk or mental illness or should be granted a furlough or
 6 any other privilege has a mental illness for which care and treatment as
 7 a patient, in the in-patient services of a psychiatric center under the
 8 jurisdiction of the state office of mental health, is essential to such
 9 [defendant's] person's welfare and that [his or her] such person's judg-
 10 ment is so impaired that [he] such person is unable to understand the
 11 need for such care and treatment; and, where a defendant has [a] devel-
 12 opmental [disability], cognitive or intellectual challenges, the term
 13 ["mentally ill"] "person with mental health, developmental, cognitive,
 14 or intellectual challenges" shall also mean, for purposes of this
 15 section, that the defendant is in need of care and treatment as a resi-
 16 dent in the in-patient services of a developmental center or other resi-
 17 dential facility for [individuals] people with developmental [disabili-
 18 ties], cognitive or intellectual challenges under the jurisdiction of
 19 the state office for people with develo