Assembly Bill A9491

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9491
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to amend the criminal procedure law and the mental hygiene law,
   in relation to cases terminated due to mental disease or defect and to
   establishing reporting obligations regarding such cases
 
   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, as amended by a chapter of the laws of 2025, amending the  criminal
 procedure  law  relating  to  cases  terminated due to mental disease or
 defect, as proposed in  legislative  bills  numbers  S.  1744-A  and  A.
 2440-A, is amended to read as follows:
   2.  (a)[(1)]  When  a local criminal court has issued a final order of
 observation, it must:
   [(A)] (1) order the APPROPRIATE institution [in which the defendant is
 confined to make a single point of access  referral  for  the  defendant
 with the appropriate agency closest to the defendant's last known county
 of  residence  prior  to  discharge]  DESIGNATED  BY THE COMMISSIONER TO
 PROVIDE FOR DISCHARGE PLANNING PURSUANT TO SUBDIVISIONS (F) AND  (G)  OF
 SECTION  29.15  OF  THE  MENTAL  HYGIENE LAW, IF APPLICABLE, WHICH SHALL
 INCLUDE REFERRALS TO THE SINGLE POINT  OF  ACCESS  OR  OTHER  OUTPATIENT
 PROVIDERS,  PROVIDED SUCH REFERRALS ARE CLINICALLY INDICATED. NOTHING IN
 THIS SUBPARAGRAPH SHALL BE CONSTRUED TO REQUIRE A REFERRAL  TO  SERVICES
 FOR WHICH THE DEFENDANT IS NOT ELIGIBLE OR WHERE OTHERWISE PROHIBITED BY
 LAW,  INCLUDING  WHERE  PATIENT  CONSENT  IS  REQUIRED  AND HAS NOT BEEN
 PROVIDED; and
   [(B)] (2) 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.
   [(2) Each appropriate institution shall maintain records compiling all
 discharge planning and single point of access referrals completed pursu-
 ant to subparagraph one of this paragraph and submit de-identified bian-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05187-06-6
              

 A. 9491                             2

 nual reports on such records to the commissioner and  chief  administra-
 tive judge of the courts.]
   (b)  When the defendant is in the custody of the commissioner pursuant
 to a final order of observation, the commissioner or such commissioner's
 designee, which may include the director of an appropriate  institution,
 immediately  upon  the  discharge of the defendant, must certify to such
 court that the commissioner or such commissioner's designee has complied
 with the notice provisions set forth in paragraph (a) of subdivision six
 of section 730.60 of this article and the referral provisions set  forth
 in  paragraph  (a)  of  this subdivision.   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 the commissioner's
 custody on such expiration date. Upon receipt of such certification, the
 court must dismiss the felony complaint filed against the defendant.
   § 2. The mental hygiene law is amended by adding a new section 7.49 to
 read as follows:
 § 7.49 REPORTING OBLIGATIONS.
   THE OFFICE SHALL POST ANNUALLY ON  OR  BEFORE  JANUARY  FIRST  ON  ITS
 WEBSITE:
   (A)  THE  NUMBER OF DEFENDANTS COMMITTED TO THE CUSTODY OF THE COMMIS-
 SIONER BY A FINAL ORDER OF OBSERVATION ISSUED PURSUANT TO SECTION 730.40
 OF THE CRIMINAL PROCEDURE LAW;
   (B) THE ORIGINATING COUNTIES FOR SUCH ORDERS;
   (C) THE INSTITUTIONS TO WHICH THE OFFICE  DESIGNATED  SUCH  DEFENDANTS
 FOR OBSERVATION;
   (D)  FOR DEFENDANTS OBSERVED AT A HOSPITAL OPERATED BY THE OFFICE, THE
 RATE OF INPATIENT ADMISSION, THE AVERAGE LENGTH OF STAY, THE  NUMBER  OF
 DEFENDANTS  WHO  WERE  REFERRED  TO  ADDITIONAL  SERVICES, THE NUMBER OF
 DEFENDANTS WHO WERE NOT REFERRED TO  ADDITIONAL  SERVICES,  AND  WHETHER
 DISCHARGE PLANNING WAS CONDUCTED; AND
   (E)  FOR DEFENDANTS OBSERVED AT A HOSPITAL NOT OPERATED BY THE OFFICE,
 THE NUMBER OF DEFENDANTS ADMITTED TO THE INPATIENT PSYCHIATRIC UNIT  AND
 THE  NUMBER  OF  DEFENDANTS  EVALUATED  AND DISCHARGED WITHOUT INPATIENT
 ADMISSION.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2025, amending the criminal procedure
 law  relating  to  cases  terminated due to mental disease or defect, as
 proposed in legislative bills numbers S. 1744-A  and  A.  2440-A,  takes
 effect;  provided,  however,  section  two of this act shall take effect
 January 1, 2027.