Relates to orders of observation for the purpose of determining incapacitation

BILL NUMBER:S6548A REVISED 06/13/12

Title of bill

An act to amend the criminal procedure law, in relation to orders of observation for the purpose of determining incapacitation

Purpose

Relates to orders of observation for the purpose of determining incapacitation

Summary of provisions

Section 1. Amends section 730.40 of the criminal procedure law to provide that when a criminal court has issued a final order of observation it must dismiss the accusatory instrument filed in the court against the defendant and when the defendant is in the custody of the commissioner pursuant to a final order of observation the commissioner must, immediately upon the discharge of the defendant, certify to such court that he or she has complied with the notice provisions set forth in subdivision (6) of section 730.60 of this article.

Section 2. Amends section 730.60 of the criminal procedure law to provide that when a defendant is committed pursuant to a final order of observation the commissioner of mental hygiene must provide written notice upon discharge of such committed person and requires anyone that may reasonably be expected to be a victim of an offense enumerated in section 530.11 of the CPL to the list of persons to be notified by the commissioner under this section. For purposes of notice under this provision, a victim of the enumerated offenses need not be a member of the same.

Section 3. Effective Date.

Justification

Under current law, when a defendant is determined to be an incapacitated person and has been charged with a misdemeanor, the charges are dismissed in a final order of observation, and that individual is referred for medical treatment and the status of such persons custody is not reported back to the court, district attorney's office or the victim. In contrast, when a defendant is charged with a felony, the commissioner is required to notify the court, the district attorney's office and victims of assaults or violent felony offenses that that the individual is in his custody at the expiration of the period of his temporary order of observation before such persons release. This notification principle in felony cases, has proven to be a useful tool to ensure that patients are compliant with their medical treatment, the district attorney's office has adequate notification regarding the whereabouts of the individual, and the court can address the needs of the parties before them in an appropriate fashion.

This legislation would require notification when a person is committed to the custody of the commissioner pursuant to a final order of observation. Some of the misdemeanors at issue in a final order of observation can include stalking and harassment and domestic violence crimes-crimes that have an underlying current of violence, and often result in a significant amount of fear and anxiety for the victim. Today, these victims would find that a case would be dismissed upon a finding of incapacity, and would be left without any information about the defendant's whereabouts. This bill provides all victims of family offense crimes, regardless of the victim's relationship to the perpetrator, and domestic violence survivors an opportunity to obtain information about an incapacitated person's release so they may plan for their safety.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect immediately.