Assembly Bill A11024

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11024
 
                           I N  A S S E M B L Y
 
                              April 23, 2026
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Mental Health
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  a  statewide
   competency restoration workgroup; and providing for the repeal of such
   provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The mental hygiene law is amended by adding a  new  section
 7.50 to read as follows:
 § 7.50 STATEWIDE COMPETENCY RESTORATION WORKGROUP.
   (A)  THERE  IS  HEREBY  ESTABLISHED A STATEWIDE COMPETENCY RESTORATION
 WORKGROUP. THE COMMISSIONER OF THE  OFFICE  OF  MENTAL  HEALTH  AND  THE
 COMMISSIONER  OF  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
 SHALL CONVENE THE STATEWIDE COMPETENCY RESTORATION WORKGROUP WHICH SHALL
 CONSIST OF NINETEEN MEMBERS EACH OF  WHOM  MAY  APPOINT  A  DESIGNEE  AS
 FOLLOWS:
   (1) THE COMMISSIONER OF MENTAL HEALTH;
   (2) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES;
   (3) THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS;
   (4) THE CHAIR OF THE NEW YORK STATE CONFERENCE OF LOCAL MENTAL HYGIENE
 DIRECTORS;
   (5)  THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE ASSOCIATION OF COUN-
 TIES;
   (6) THE PRESIDENT OF THE DISTRICT ATTORNEYS ASSOCIATION OF  THE  STATE
 OF NEW YORK;
   (7)  THE  EXECUTIVE  DIRECTOR  OF THE NEW YORK STATE DEFENDERS ASSOCI-
 ATION;
   (8) THE PRESIDENT OF THE NEW YORK STATE SHERIFFS ASSOCIATION;
   (9) A REPRESENTATIVE FROM THE  NEW  YORK  CITY  HEALTH  AND  HOSPITALS
 CORPORATION;
   (10)  A  REPRESENTATIVE FROM MENTAL HYGIENE LEGAL SERVICES ESTABLISHED
 UNDER ARTICLE FORTY-SEVEN OF THIS CHAPTER; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15651-01-6
              

 A. 11024                            2
 
   (11) THREE ADDITIONAL MEMBERS APPOINTED BY  THE  GOVERNOR,  TWO  ADDI-
 TIONAL  MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY, TWO ADDITIONAL
 MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE  SENATE,  ONE  ADDI-
 TIONAL  MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY, AND ONE
 ADDITIONAL  MEMBER  APPOINTED  BY  THE  MINORITY  LEADER  OF THE SENATE.
 MEMBERS APPOINTED PURSUANT TO THIS PARAGRAPH SHALL INCLUDE: A  PSYCHIAT-
 RIC  EXAMINER  AS  DEFINED IN SUBDIVISION SEVEN OF SECTION 730.10 OF THE
 CRIMINAL PROCEDURE LAW WHO HAS EXPERIENCE  WITH  COMPETENCY  RESTORATION
 EVALUATIONS; A REPRESENTATIVE OF LAW ENFORCEMENT; AND AN INDIVIDUAL WITH
 LIVED  EXPERIENCE NAVIGATING THE CRIMINAL COURT ON BEHALF OF A DEFENDANT
 WHO IS UNDER AN ORDER OF EXAMINATION.
   (B) THE WORKGROUP SHALL SUBMIT A PRELIMINARY REPORT TO  THE  GOVERNOR,
 TEMPORARY  PRESIDENT OF THE SENATE, AND SPEAKER OF THE ASSEMBLY NO LATER
 THAN DECEMBER THIRTIETH, TWO THOUSAND TWENTY-SIX. THE PRELIMINARY REPORT
 SHALL PROVIDE SHORT-TERM SOLUTIONS THAT CAN  BE  ACCOMPLISHED  NO  LATER
 THAN  APRIL FIRST, TWO THOUSAND TWENTY-SEVEN. THE WORKGROUP SHALL SUBMIT
 A MORE COMPREHENSIVE REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF  THE
 SENATE,  AND  SPEAKER  OF THE ASSEMBLY NO LATER THAN JUNE THIRTIETH, TWO
 THOUSAND TWENTY-SEVEN,  PROVIDING  MEDIUM-TERM  SOLUTIONS  THAT  CAN  BE
 ACCOMPLISHED NO LATER THAN JANUARY TENTH, TWO THOUSAND TWENTY-EIGHT, AND
 LONG-TERM  SOLUTIONS  THAT  CAN  BE  ACCOMPLISHED  NO LATER THAN JANUARY
 TENTH, TWO THOUSAND TWENTY-NINE, AND AIM TO DO THE FOLLOWING:
   (1) IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF THE COMPETENCY  RESTO-
 RATION  PROCESS  AS IT RELATES TO DEFENDANTS WHO ARE BEING EVALUATED AND
 RECEIVING RESTORATION UNDER ARTICLE SEVEN HUNDRED THIRTY OF THE CRIMINAL
 PROCEDURE LAW;
   (2) ENSURE ACCESS TO AND PROVISION  OF  RESTORATION  SERVICES  IN  THE
 LEAST  RESTRICTIVE SETTING TO RESTORE TRIAL COMPETENCE IN THE MOST EXPE-
 DITIOUS MANNER; AND
   (3) DEVELOP PROCESSES TO ENSURE THAT DEFERRED  LEGAL  PROCEEDINGS  CAN
 RESUME  WITHOUT  UNDUE DELAYS, AVOID UTILIZING RESTORATION TO COMPETENCY
 SERVICES FOR THE PROVISION OF LONG-TERM  MENTAL  HEALTH  TREATMENT,  AND
 INITIATE  PROMPT TRANSFER TO AN APPROPRIATE STATE FACILITY FOR LONG-TERM
 TREATMENT IF IT IS DETERMINED THAT THE INDIVIDUAL CANNOT BE RESTORED  TO
 COMPETENCY.
   (C)  THE  REPORT SHALL ALSO INCLUDE ANY RECOMMENDATION PROVIDED BY THE
 WORKGROUP IN ACCORDANCE WITH SUBDIVISION (E)  OF  THIS  SECTION  AND  AN
 ACCOUNTING,  BY COUNTY, OF ALL PATIENTS CURRENTLY IN COMPETENCY RESTORA-
 TION, THE LENGTH OF STAY IN RESTORATION, THE NUMBER OF COMPETENCY RESTO-
 RATION EVALUATIONS THAT HAVE BEEN ORDERED FOR EACH DEFENDANT, THE  TREND
 IN THE NUMBER OF DEFENDANTS ORDERED INTO COMPETENCY RESTORATION, AND THE
 COSTS  INCURRED/PAID PER COUNTY EACH YEAR SINCE JANUARY FIRST, TWO THOU-
 SAND TWENTY.
   (D) THE WORKGROUP SHALL CONVENE, NO LATER THAN NINETY  DAYS  FOLLOWING
 THE  EFFECTIVE DATE OF THIS SECTION, AND SHALL MEET AS FREQUENTLY AS ITS
 BUSINESS MAY REQUIRE. MEMBERS SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
 PARTICIPATION  BUT  SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND NECES-
 SARILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   (E) THE WORKGROUP SHALL CONSIDER, BUT IS NOT LIMITED  TO,  RECOMMENDA-
 TIONS THAT ACCOMPLISH THE FOLLOWING:
   (1) REDUCE THE TOTAL NUMBER OF DEFENDANTS IN RESTORATION SERVICES;
   (2) REDUCE THE LENGTHS OF STAY DEFENDANTS IN RESTORATION SERVICES;
   (3)  REDUCE THE RECIDIVISM RATE FOR INDIVIDUALS DISCHARGED FROM RESTO-
 RATION SERVICES;
   (4) EVALUATE THE COMPETENCY CURRICULUMS IN CONJUNCTION WITH THE EFFEC-
 TIVENESS OF COMPETENCY RESTORATION TO  EXPLAIN  WHETHER  FACILITIES  ARE
 A. 11024                            3
 
 DELIVERING  THE  APPROPRIATE  TREATMENT AND EDUCATION TO EFFECTIVELY AND
 EFFICIENTLY RESTORE COMPETENCY TO STAND TRIAL WHILE  SUGGESTING  REFORMS
 TO SYSTEMS OR STATUTES TO IMPROVE EFFICIENCY AND EFFECTIVENESS;
   (5)  EXPAND  TREATMENT OPTIONS FOR DEFENDANTS IN RESTORATION SERVICES,
 SUCH  AS  OUTPATIENT  COMMUNITY-BASED  RESTORATION  PROGRAMS,   TAILORED
 CURRICULUMS FOR DIAGNOSES, AND STATE HOSPITAL BEDS;
   (6)  EVALUATE  TRENDS  IN  THE  INCREASE  OR DECREASE IN THE NUMBER OF
 DEFENDANTS ORDERED INTO COMPETENCY RESTORATION,  AND  POSSIBLE  EXPLANA-
 TIONS  FOR  SUCH TRENDS AND REFORM AND STANDARDIZATION SYSTEMS AS NECES-
 SARY AND APPROPRIATE;
   (7) IMPROVE COORDINATION  BETWEEN  STATE  AND  LOCAL  GOVERNMENT,  LAW
 ENFORCEMENT,  DISTRICT  ATTORNEYS, AND COURTS TO FACILITATE AN EFFECTIVE
 AND EFFICIENT SYSTEM TO  EVALUATE  DEFENDANTS  AND,  WHERE  APPROPRIATE,
 RESTORE DEFENDANTS TO COMPETENCY; AND
   (8)  EVALUATE  AND  ASSESS  FINANCIAL  MODELS  FOR FUNDING RESTORATION
 SERVICES TO ENSURE APPROPRIATE ALLOCATION BETWEEN COUNTY AND STATE.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed one year after such effective date.