|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Feb 11, 2013||referred to codes|
senate Bill S3674
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3674 - Details
S3674 - Summary
Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.
S3674 - Sponsor Memo
BILL NUMBER:S3674 TITLE OF BILL: An act to amend the criminal procedure law, in relation to retention of custody of persons found not guilty by reason of mental disease or defect PURPOSE: 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 para- graph (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 examina- tion reports.
S3674 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3674 2013-2014 Regular Sessions I N S E N A T E February 11, 2013 ___________ Introduced by Sens. GRIFFO, SAVINO -- 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 retention of custody of persons found not guilty by reason of mental disease or defect THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 330.20 of the criminal procedure law, as added by chapter 548 of the laws of 1980, paragraph (o) of subdivision 1, the closing paragraph of subdivision 2 and subdivisions 7-a and 22 as amended by chapter 107 of the laws of 2004, subdivisions 2 and 20 as amended by chapter 693 of the laws of 1989, subdivision 2-a as added by chapter 1 of the laws of 2013, subdivisions 5, 8, 9, 10, 11, 12, 13 and 14 as amended by chapter 789 of the laws of 1985, subdivision 21 as added by chapter 976 of the laws of 1983, and subparagraph (ii) of para- graph (a) of subdivision 21 as amended by chapter 330 of the laws of 1993, is amended to read as follows: S 330.20 Procedure following verdict or plea of not responsible by reason of mental disease or defect. 1. Definition of terms. As used in this section, the following terms shall have the following meanings: (a) "Commissioner" means the [state] commissioner of mental health or the [state] commissioner of [mental retardation and] developmental [disability] DISABILITIES. (b) "Secure facility" means a facility within the [state] office of mental health or the [state] office [of mental retardation and] FOR PEOPLE WITH developmental disabilities which is staffed with personnel adequately trained in security methods and is so equipped as to minimize the risk or danger of escapes, and which has been so specifically desig- nated by the commissioner. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06470-02-3
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