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

Summary of provisions

Amends Section 330. 20 of the criminal procedure law to add language throughout the necessary subdivisions to create a sentence; examination order which would require upon entry of a verdict of not responsible by reason of mental disease or defect, or upon the acceptance of a plea of not responsible by reason of mental disease or defect, the court must impose a period of confinement in the custody of the commissioner which is equal to the sentence of imprisonment such defendant would have received pursuant to article seventy of the penal law, upon conviction of the crime which he or she was charged and issue an examination order.

In addition, under subdivision 6, under the issuance of such commitment order for the term of period of confinement imposed, pursuant to paragraph (a) of subdivision two of this section, and to such a secure facility as shall be suitable for a mentally ill person or a person with a dangerous mental disorder, as the case may be, based upon the examination reports.

Justification

This bill would amend the procedure following the verdict of Not Guilty by Reason of Mental Disease or Defect. The bill would impose a period of confinement in a mental hygiene facility for the defendant that would be equal to the sentence of imprisonment for which they would have served in a penal facility had they been found guilty for the crime with which they had been charged.

The longer confinement would be beneficial for both the defendant and for the community at large. The defendant would have more time in the mental hygiene facility where they are guaranteed treatment for their disease as well as having more time to gain skills to help them manage their disease once released and cope with any guilt associated with the crime(s) committed when found not guilty by reason of mental disease or defect.

When treatment for mental illness is administered, studies show dramatic drops in rates of suicide, homelessness, violence and future incarceration or hospitalization. This bill would also allow peace of mind for those victims or families of victims knowing that this

person will be in a hospital receiving treatment for a significant amount of time and not able to harm them or their family in the near future.

High profile cases like those of John Hinckley, Jr. who attempted to assassinate President Ronald Reagan and recently Jared Lee Loughner of Arizona who shot and killed six people, including a 9-year-old girl and a federal judge while wounding 13 others including Congresswoman Gabrielle Giffords demonstrate the need to make sure these dangerous individuals are confined whether it be in a penal or mental hygiene facility for a determined period of time.

Once the individual has been confined for the determined period of time if they are assessed to be "healthy" by mental health professionals and experts they would be able to go through the process of being released from such mental facility. However, should they still be perceived to be a danger to themselves or others even after the period of determined confinement is reached the state shall follow necessary procedures to have such person civilly confined for their safety and that of the community.

Legislative history

This is a new bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to criminal offenses committed on or after such date.