senate Bill S6548A

Relates to orders of observation for the purpose of determining incapacitation

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Feb / 2012
    • REFERRED TO CODES
  • 13 / Mar / 2012
    • 1ST REPORT CAL.343
  • 14 / Mar / 2012
    • 2ND REPORT CAL.
  • 15 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 12 / Jun / 2012
    • AMENDED ON THIRD READING 6548A
  • 21 / Jun / 2012
    • SUBSTITUTED BY A10664

Summary

Relates to orders of observation for the purpose of determining incapacitation.

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Bill Details

See Assembly Version of this Bill:
A10664
Versions:
S6548
S6548A
Legislative Cycle:
2011-2012
Law Section:
Criminal Procedure Law
Laws Affected:
Amd ยงยง730.40 & 730.60, CP L

Sponsor Memo

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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6548--A
    Cal. No. 343

                            I N  S E N A T E

                            February 24, 2012
                               ___________

Introduced  by  Sen.  SALAND -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes -- reported  favora-
  bly  from  said committee, ordered to first and second report, ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 730.40 of the criminal  procedure
law is amended to read as follows:
  2.  When  a  local criminal court has issued a final order of observa-
tion, it must dismiss the accusatory  instrument  filed  in  such  court
against  the  defendant  and  such  dismissal  constitutes  a bar to any
further prosecution of the charge or charges contained in such accusato-
ry instrument.  WHEN THE DEFENDANT IS IN THE CUSTODY OF THE COMMISSIONER
PURSUANT TO A FINAL ORDER OF OBSERVATION THE  COMMISSIONER  MUST,  IMME-
DIATELY  UPON THE DISCHARGE OF THE DEFENDANT, CERTIFY TO SUCH COURT THAT
HE OR SHE HAS COMPLIED WITH THE NOTICE PROVISIONS SET FORTH IN  SUBDIVI-
SION SIX OF SECTION 730.60 OF THIS ARTICLE. When the defendant is in the
custody  of  the commissioner at the expiration of the period prescribed
in a temporary order of observation, the proceedings in the local crimi-
nal court that issued such order shall terminate for  all  purposes  and
the  commissioner  must promptly certify to such court and to the appro-
priate district attorney that the defendant was in his OR HER custody on
such expiration date. Upon receipt of such certification, the court must
dismiss the felony complaint filed against the defendant.
  S 2. Paragraph (a) of subdivision 6 of section 730.60 of the  criminal
procedure  law,  as  added  by  chapter 549 of the laws of 1980, and the
opening paragraph as amended by chapter 440 of  the  laws  of  1987,  is
amended to read as follows:
  (a) Notwithstanding any other provision of law, no person committed to
the custody of the commissioner pursuant to this article, or continuous-
ly thereafter retained in such custody, shall be discharged, released on

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14006-02-2

S. 6548--A                          2

condition  or placed in any less secure facility or on any less restric-
tive status, including, but not  limited  to  vacations,  furloughs  and
temporary  passes, unless the commissioner shall deliver written notice,
at  least  four  days,  excluding  Saturdays,  Sundays  and holidays, in
advance of the change of such committed person's facility or status,  OR
IN  THE CASE OF A PERSON COMMITTED PURSUANT TO A FINAL ORDER OF OBSERVA-
TION WRITTEN NOTICE UPON DISCHARGE OF SUCH COMMITTED PERSON, to  all  of
the following:
  (1)  The  district  attorney  of the county from which such person was
committed;
  (2) The superintendent of state police;
  (3) The sheriff of the county where the facility is located;
  (4) The police department having jurisdiction of the  area  where  the
facility is located;
  (5)  Any person who may reasonably be expected to be the victim of any
assault or any violent felony offense, as defined in the penal  law,  OR
ANY OFFENSE LISTED IN SECTION 530.11 OF THIS PART which would be carried
out  by  the  committed person;  PROVIDED THAT THE PERSON WHO REASONABLY
MAY BE EXPECTED TO BE A VICTIM DOES NOT NEED TO BE A MEMBER OF THE  SAME
FAMILY OR HOUSEHOLD AS THE COMMITTED PERSON; and
  (6) Any other person the court may designate.
  Said  notice  may  be given by any means reasonably calculated to give
prompt actual notice.
  S 3. This act shall take effect immediately.

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