New York A 2322: Enacts the "personal motor vehicle sharing act"

Bill Text

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A02322 Summary:

BILL NOA02322B

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SAME ASNo Same As

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SPONSORMcDonald

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COSPNSRWeprin, Woerner, Burdick, Romero, Schiavoni, Blankenbush, Davila, Beephan, Gray

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MLTSPNSR

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Amd §§730.10 & 730.60, CP L

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Establishes a program enabling counties to opt-in to allow county jails to operate jail-based competency restoration services for incarcerated individuals deemed unfit for trial due to mental incapacity.

Go to top A02322 Actions:

BILL NOA02322B

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01/16/2025referred to codes

02/25/2025amend (t) and recommit to codes

02/25/2025print number 2322a

03/24/2025amend and recommit to codes

03/24/2025print number 2322b

01/07/2026referred to codes

03/10/2026enacting clause stricken

Go to topA02322 Committee&nbspVotes:

Go to topA02322 Floor&nbspVotes:

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

Go to topA02322 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2322--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. McDONALD, WEPRIN, WOERNER -- read once and
 referred to the Committee on Codes -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- again reported from said committee with amendments, ordered
 reprinted as amended and recommitted to said committee

 AN ACT to amend the criminal procedure law, in relation to establishing
 a program enabling counties to opt-in to allow county jails to operate
 jail-based competency restoration services for incarcerated individ-
 uals deemed unfit for trial due to mental incapacity

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

 1 Section 1. Subdivision 9 of section 730.10 of the criminal procedure
 2 law, as added by section 1 of part Q of chapter 56 of the laws of 2012,
 3 is amended to read as follows:
 4 9. "Appropriate institution" means: (a) a hospital operated by the
 5 office of mental health or a developmental center operated by the office
 6 for people with developmental disabilities; [or] (b) a hospital licensed
 7 by the department of health which operates a psychiatric unit licensed
 8 by the office of mental health; or (c) a mental health unit operating
 9 within a local correctional facility, as determined by the commissioner
 10 provided, however, that any such hospital or local correctional health
 11 authority that is not operated by the state shall qualify as an "appro-
 12 priate institution" only pursuant to the terms of an agreement between
 13 the commissioner and the hospital or local correctional health authori-
 14 ty, or between the commissioner and a jail-based facility pursuant to
 15 subdivision seven of section 730.60 of this article. Nothing in this
 16 article shall be construed as requiring a hospital or locality to
 17 consent to providing care and treatment to an incapacitated person at
 18 such hospital or local correctional health authority. The commissioner
 19 of mental health shall promulgate regulations for the local correctional

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03010-04-5

 A. 2322--B 2

 1 health authority to implement restoration to competency within a local
 2 correctional facility.
 3 § 2. Subdivisions 1 and 2 of section 730.60 of the criminal procedure
 4 law, subdivision 1 as amended by chapter 231 of the laws of 2008 and
 5 subdivision 2 as amended by chapter 57 of the laws of 1984, are amended
 6 and a new subdivision 7 is added to read as follows:
 7 1. When a local criminal court issues a final or temporary order of
 8 observation or an order of commitment, it must forward such order and a
 9 copy of the examination reports and the accusatory instrument to the
 10 commissioner, the local governmental unit as defined in section 41.03 of
 11 the mental hygiene law, and director of community services, or their
 12 designee, as defined in section 9.01 of the mental hygiene law, of the
 13 county of the participating local correctional facility, and, if avail-
 14 able, a copy of the pre-sentence report. Upon receipt thereof, the
 15 commissioner must designate an appropriate institution operated by the
 16 department of me