What's happening
This bill shifts the responsibility for paying costs of psychiatric exams for criminal defendants from the county to the state.
Why it matters
Reduces financial burden on counties. By shifting the cost of psychiatric exams for criminal defendants to the state, counties may free up local funds for other services or obligations, potentially improving local budgets.
Standardizes funding and access. State-level payment could lead to more consistent funding, reducing disparities between wealthier and poorer counties and potentially ensuring fairer access to psychiatric evaluations for defendants across New York.
Impacts state budget and resource allocation. The state will now need to allocate additional funds for these costs, which could influence budget priorities or require increased oversight to manage spending.
May affect the speed and availability of examinations. With state responsibility, there could be changes—positive or negative—in how quickly exams are arranged and paid for, possibly altering the experience for defendants and the efficiency of the criminal justice process.
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Who cares
Headline styles
State Pays For Psychiatric Exams
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to payment by the state of certain costs associated with the psychiatric examination of defendants to determine mental fitness
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
677
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ORTT -- 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 payment of certain costs associated with the psychiatric examination of defendants to determine mental fitness
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 7 of section 730.20 of the criminal procedure law, as amended by chapter 692 of the laws of 1972, is amended to read as follows:
7. A psychiatric examiner is entitled to his reasonable traveling expenses, a fee of fifty dollars for each examination of a defendant and a fee of fifty dollars for each appearance at a court hearing or trial but not exceeding two hundred dollars in fees for examination and testimony in any one case; except that if such psychiatric examiner be an employee of the state of New York he shall be entitled only to reasonable traveling expenses, unless such psychiatric examiner makes the examination or appears at a court hearing or trial outside his hours of state employment in a county in which the director of community mental health services certifies to the fiscal officer thereof that there is a shortage of qualified psychiatrists available to conduct examinations under the criminal procedure law in such county, in which event he shall be entitled to the foregoing fees and reasonable traveling expenses. Such fees and traveling expenses and the costs of sending a defendant to another place of detention or to a hospital for examination, of his maintenance therein and of returning him shall, when approved by the court, be a charge of the [county in which the defendant is being tried] state.
§ 2. This act shall take effect immediately and shall apply to expenses occurring on and after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01482-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to payment of certain costs associated with the psychiatric examination of defendants to determine mental fitness
Purpose or general idea of bill
This legislation would require the State as opposed to the County to pay for the cost for a psychiatric evaluation under Section 730.2 of the CPL.
Summary of specific provisions
Subdivision 7 of section 730.20 of the CPL is amended to remove the language county in which the defendant is being tried to be replaced by the state.
Section 2 is the effective date.
Justification
Current law requires county in which the individual is being tried to pay for the costs of a psychiatric evaluation. However with all costs included this amount can range into the tens of thousands of dollars. Many Counties cannot afford these excessive amounts within their budgets and can often lead to extraneous pressure to not seek fitness examina- tions by looking for alternate forms of punishment solely as these exam- inations are too expensive. Shifting this cost burden to the State will ensure that these artificial barriers are removed.
Prior legislative history
S. 1154 of 2017-2018; Referred to Codes S. 6993 of 2015-2016; Referred to Codes
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.