S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8310
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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 enacting  the
   "forensic rehabilitation act"; and to repeal subdivision 14 of section
   330.20 of such law, relating to recommitment orders

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as  the  "forensic
 rehabilitation act".
   §  2.   Paragraphs (c), (d), (e), (g), (h) and (i) of subdivision 1 of
 section 330.20 of the criminal procedure law, paragraphs (c), (e),  (g),
 (h)  and  (i)  as added by chapter 548 of the laws of 1980 and paragraph
 (d) as amended by chapter 479 of the laws of 2022, is amended to read as
 follows:
   (c) ["Dangerous mental disorder"] "QUALIFYING CONDITION AND  LEVEL  OF
 IMMINENT  SERIOUS RISK" means AT THE TIME OF ANY EXAMINATION OR DETERMI-
 NATION AS TO WHETHER OR NOT A DEFENDANT HAS A QUALIFYING  CONDITION  AND
 LEVEL  OF IMMINENT SERIOUS RISK OR MENTAL ILLNESS OR SHOULD BE GRANTED A
 FURLOUGH OR ANY OTHER PRIVILEGE: (i) that a [defendant currently suffers
 from] PERSON AT THE TIME OF EXAMINATION OR DETERMINATION HAS  a  "mental
 illness"  as  that term is defined in subdivision twenty of section 1.03
 of the mental hygiene law, and (ii) that because of such condition  [he]
 SUCH  PERSON  currently  constitutes a RISK OF IMMINENT SERIOUS physical
 danger to [himself] THEMSELF or others BASED ON THE INDIVIDUAL'S ACTIONS
 AT THAT TIME. ALL ASSESSMENTS OF THE RISK OF IMMINENT  SERIOUS  PHYSICAL
 DANGER  SHALL TAKE INTO ACCOUNT ANY AND ALL EVIDENCE INDICATING THAT THE
 INDIVIDUAL AT THAT TIME DOES NOT CURRENTLY POSE SUCH A DANGER, INCLUDING
 ASSESSMENTS MADE BY PSYCHOLOGISTS AND PSYCHIATRISTS AND THE INDIVIDUAL'S
 CURRENT BEHAVIORS,  PARTICIPATION  IN  TREATMENT  AND  PROGRAMMING,  AND
 GROWTH AND DEVELOPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13182-01-5
 S. 8310                             2
              

 
   (d) ["Mentally ill"] "PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNI-
 TIVE,  OR  INTELLECTUAL  CHALLENGES"  means  that a [defendant currently
 suffers from] PERSON AT THE TIME OF ANY EXAMINATION OR DETERMINATION  AS
 TO WHETHER OR NOT A PERSON HAS A QUALIFYING CONDITION AND LEVEL OF IMMI-
 NENT  SERIOUS  RISK OR MENTAL ILLNESS OR SHOULD BE GRANTED A FURLOUGH OR
 ANY OTHER PRIVILEGE HAS a mental illness for which care and treatment as
 a patient, in the in-patient services of a psychiatric center under  the
 jurisdiction  of the state office of mental health, is essential to such
 [defendant's] PERSON'S welfare and that [his or her] SUCH PERSON'S judg-
 ment is so impaired that [he] SUCH PERSON is unable  to  understand  the
 need  for such care and treatment; and, where a defendant has [a] devel-
 opmental [disability], COGNITIVE OR INTELLECTUAL  CHALLENGES,  the  term
 ["mentally  ill"]  "PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE,
 OR INTELLECTUAL CHALLENGES"  shall  also  mean,  for  purposes  of  this
 section,  that the defendant is in need of care and treatment as a resi-
 dent in the in-patient services of a developmental center or other resi-
 dential facility for [individuals] PEOPLE with developmental  [disabili-
 ties],  COGNITIVE  OR  INTELLECTUAL CHALLENGES under the jurisdiction of
 the state office for people with developmental disabilities.
   (e) "Examination order" means an order directed  to  the  commissioner
 requiring that a defendant submit to a psychiatric examination to deter-
 mine  whether the defendant has a [dangerous mental disorder] QUALIFYING
 CONDITION AND LEVEL OF IMMINENT SERIOUS RISK, or if [he] SUCH  DEFENDANT
 does  not  have  [dangerous  mental disorder] A QUALIFYING CONDITION AND
 LEVEL OF IMMINENT SERIOUS RISK, whether [he] SUCH DEFENDANT is [mentally
 ill] A PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLEC-
 TUAL CHALLENGES.
   (g) "First retention order" means an order which is effective  at  the
 expiration  of  the  period  prescribed in a commitment order [for] OR a
 recommitment order, authorizing continued custody of a defendant by  the
 commissioner for a period not to exceed [one year] NINETY DAYS.
   (h)  "Second retention order" means an order which is effective at the
 expiration of the period prescribed in a first retention order,  author-
 izing  continued custody of a defendant by the commissioner for a period
 not to exceed [two years] NINETY DAYS.
   (i) "Subsequent retention order" means an order which is effective  at
 the expiration of the period prescribed in a second retention order or a
 prior  subsequent  retention  order  authorizing  continued custody of a
 defendant by the commissioner for a period not to exceed [two years] SIX
 MONTHS.
   § 3. Subdivisions 2, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15  of  section
 330.20  of the criminal procedure law, subdivision 2 as amended by chap-
 ter 693 of the laws of 1989, the opening paragraph of subdivision  2  as
 amended  by  chapter  479  of the laws of 2022, the closing paragraph of
 subdivision 2 as amended by chapter 107 of the laws  of  2004,  subdivi-
 sions  5,  8, 9, 10, 11, 12 and 13 as amended by chapter 789 of the laws
 of 1985 and subdivisions 6, 7 and 15 as added by chapter 548 of the laws
 of 1980, are amended to read as follows:
   2. Examination order; psychiatric examiners.  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  immediately  issue an examination order. Upon
 receipt of such order, the commissioner  must  designate  two  qualified
 psychiatric  examiners to conduct the examination to examine the defend-
 ant WITHIN FIFTEEN DAYS OF SUCH RECEIPT.  In conducting  their  examina-
 tion,  the psychiatric examiners may employ any method which is accepted
 S. 8310                             3
 
 by the medical profession for the examination of persons alleged to  [be
 suffering  from] HAVE a [dangerous mental disorder] QUALIFYING CONDITION
 AND LEVEL OF IMMINENT SERIOUS RISK or to be [mentally ill or  having]  a
 PERSON  WITH  MENTAL  HEALTH,  developmental [disability], COGNITIVE, OR
 INTELLECTUAL CHALLENGES.   The court may  authorize  a  psychiatrist  or
 psychologist  retained by a defendant to be present at such examination.
 The clerk of the court must promptly forward a copy of  the  examination
 order to the mental hygiene legal service and such service may thereaft-
 er participate in all subsequent proceedings under this section.
   In  all  subsequent proceedings under this section, prior to the issu-
 ance of a special order of conditions, the court shall consider  whether
 any  order  of  protection  had  been  issued  prior to a verdict of not
 responsible by reason of mental disease or defect in the case, or  prior
 to  the  acceptance  of  a  plea  of not responsible by reason of mental
 disease or defect in the case.
   5. Examination order; reports. After [he has completed his] COMPLETION
 OF THE examination of the  defendant,  each  psychiatric  examiner  must
 promptly  prepare  a  report  of  [his]  THEIR  findings  and evaluation
 concerning the defendant's mental condition, and submit such  report  to
 the  commissioner NO LATER THAN SEVEN DAYS AFTER CONDUCTING THE EXAMINA-
 TION.  If the psychiatric examiners differ in their opinion as to wheth-
 er the defendant is [mentally ill] A PERSON WITH MENTAL HEALTH, DEVELOP-
 MENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES or [is  suffering  from  a
 dangerous mental disorder] HAS A QUALIFYING CONDITION AND LEVEL OF IMMI-
 NENT  SERIOUS  RISK, the commissioner must designate another psychiatric
 examiner to examine the  defendant.  Upon  receipt  of  the  examination
 reports,  the commissioner must submit them to the court that issued the
 examination order. If the court is not satisfied with  the  findings  of
 these  psychiatric  examiners, the court may designate one or more addi-
 tional psychiatric examiners pursuant to  subdivision  fifteen  of  this
 section.    The court must furnish a copy of the reports to the district
 attorney, counsel  for  the  defendant  and  the  mental  hygiene  legal
 service.
   6.  Initial  hearing;  commitment order. After the examination reports
 are submitted, the court must, within ten days of the  receipt  of  such
 reports, conduct an initial hearing to determine the defendant's present
 mental condition. If the defendant is in the custody of the commissioner
 pursuant  to  an examination order, the court must direct the sheriff to
 obtain custody of the defendant from the commissioner and to confine the
 defendant pending further order of the court, except that the court  may
 direct  the  sheriff  to confine the defendant in an institution located
 near the place where the court sits if that institution has been  desig-
 nated  by  the  commissioner  as  suitable  for the temporary and secure
 detention of mentally disabled persons. At  such  initial  hearing,  the
 district  attorney  must establish to the satisfaction of the court that
 the defendant has a [dangerous mental disorder] QUALIFYING CONDITION AND
 LEVEL OF IMMINENT SERIOUS RISK or is [mentally ill] A PERSON WITH MENTAL
 HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES.    If  the
 court  finds that the defendant has a [dangerous mental disorder] QUALI-
 FYING CONDITION AND LEVEL OF IMMINENT SERIOUS RISK, [it] THE COURT  must
 issue a commitment order. If the court finds that the defendant does not
 have  a  [dangerous  mental  disorder] QUALIFYING CONDITION AND LEVEL OF
 IMMINENT SERIOUS RISK but is [mentally ill] A PERSON WITH MENTAL HEALTH,
 DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES, the provisions  of
 subdivision seven of this section shall apply.
 S. 8310                             4
 
   7.  Initial  hearing  civil commitment and order of conditions. If, at
 the conclusion of the initial hearing conducted pursuant to  subdivision
 six  of  this  section,  the court finds that the defendant is [mentally
 ill] A PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLEC-
 TUAL CHALLENGES but does not have a [dangerous mental disorder] QUALIFY-
 ING  CONDITION  AND  LEVEL  OF  IMMINENT SERIOUS RISK, the provisions of
 articles nine or fifteen of the mental hygiene law shall apply  at  that
 stage of the proceedings and at all subsequent proceedings. Having found
 that the defendant is [mentally ill] A PERSON WITH MENTAL HEALTH, DEVEL-
 OPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES, the court must issue an
 order of conditions and an order committing the defendant to the custody
 of  the  commissioner.  The  latter  order shall be deemed an order made
 pursuant to the mental hygiene law and not pursuant to this section, and
 further retention, conditional release or discharge  of  such  defendant
 shall  be  in  accordance with the provisions of the mental hygiene law.
 If, at the conclusion of the initial hearing, the court finds  that  the
 defendant  does not have a [dangerous mental disorder] QUALIFYING CONDI-
 TION AND LEVEL OF IMMINENT SERIOUS RISK and  is  not  [mentally  ill]  A
 PERSON  WITH  MENTAL  HEALTH,  DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL
 CHALLENGES, the court  must  discharge  the  defendant  either  uncondi-
 tionally or subject to an order of conditions.
   8.  First  retention  order. When a defendant is in the custody of the
 commissioner pursuant to a commitment order, the commissioner  must,  at
 least  thirty  days  prior to the expiration of the period prescribed in
 the order, apply to the court that issued the order, or  to  a  superior
 court  in  the  county where the secure facility is located, for a first
 retention order or a release order. The commissioner must  give  written
 notice of the application to the district attorney, the defendant, coun-
 sel  for  the  defendant,  and  the  mental  hygiene legal service. Upon
 receipt of such application, the court may, on its own motion, conduct a
 hearing to determine whether  the  defendant  has  a  [dangerous  mental
 disorder]  QUALIFYING  CONDITION AND LEVEL OF IMMINENT SERIOUS RISK, and
 it must conduct such hearing if  a  demand  therefor  is  made  by  [the
 district  attorney,]  the  defendant,  counsel for the defendant, or the
 mental hygiene legal service within ten days from the date  that  notice
 of  the  application  was given to them. If such a hearing is held on an
 application for retention, the commissioner must establish to the satis-
 faction of the court that the defendant has a [dangerous  mental  disor-
 der]  QUALIFYING  CONDITION  AND  LEVEL  OF  IMMINENT SERIOUS RISK or is
 [mentally ill] A PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE, OR
 INTELLECTUAL CHALLENGES. [The district attorney  shall  be  entitled  to
 appear  and  present evidence at such hearing. If such a hearing is held
 on an application for release, the district attorney must  establish  to
 the  satisfaction of the court that the defendant has a dangerous mental
 disorder or is mentally ill.] If the court finds that the defendant  has
 a [dangerous mental disorder] QUALIFYING CONDITION AND LEVEL OF IMMINENT
 SERIOUS  RISK  it must issue a first retention order. If the court finds
 that the defendant is [mentally ill] A PERSON WITH MENTAL HEALTH, DEVEL-
 OPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES  but  does  not  have  a
 [dangerous  mental  disorder] QUALIFYING CONDITION AND LEVEL OF IMMINENT
 SERIOUS RISK, it must issue a first retention  order  and,  pursuant  to
 subdivision  eleven  of  this  section, a transfer order and an order of
 conditions. If the COMMISSIONER MAKES AN APPLICATION FOR RELEASE  OR  IF
 THE  court  finds  that  the defendant does not have a [dangerous mental
 disorder] QUALIFYING CONDITION AND LEVEL OF IMMINENT SERIOUS RISK and is
 not [mentally ill] A PERSON WITH MENTAL  HEALTH,  DEVELOPMENTAL,  COGNI-
 S. 8310                             5

 TIVE,  OR  INTELLECTUAL  CHALLENGES, [it] THE COURT must issue a release
 order and an order of conditions pursuant to subdivision twelve of  this
 section.
   9.  Second and subsequent retention orders. When a defendant is in the
 custody of the commissioner pursuant to a  first  retention  order,  the
 commissioner  must,  at least thirty days prior to the expiration of the
 period prescribed in the order, apply  to  the  court  that  issued  the
 order,  or  to  a  superior  court  in  the county where the facility is
 located, for a second retention order or a release  order.  The  commis-
 sioner  must  give  written  notice  of  the application to the district
 attorney, the defendant, counsel  for  the  defendant,  and  the  mental
 hygiene  legal service. Upon receipt of such application FOR A RETENTION
 ORDER, the court may, on its own motion, conduct a hearing to  determine
 whether  the  defendant  has  a  [dangerous  mental disorder] QUALIFYING
 CONDITION AND LEVEL OF IMMINENT SERIOUS RISK, and it must  conduct  such
 hearing  if  a  demand  therefor is made by [the district attorney,] the
 defendant, counsel for  the  defendant,  or  the  mental  hygiene  legal
 service within ten days from the date that notice of the application was
 given  to  them.  If  such  a  hearing  is  held  on  an application for
 retention, the commissioner must establish to the  satisfaction  of  the
 court  that  the  defendant has a [dangerous mental disorder] QUALIFYING
 CONDITION AND LEVEL OF IMMINENT SERIOUS RISK  or  is  [mentally  ill]  A
 PERSON  WITH  MENTAL  HEALTH,  DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL
 CHALLENGES. [The district attorney shall be entitled to appear and pres-
 ent evidence at such hearing. If such a hearing is held on  an  applica-
 tion  for release, the district attorney must establish to the satisfac-
 tion of the court that the defendant has a dangerous mental disorder  or
 is mentally ill.] If the court finds that the defendant has a [dangerous
 mental disorder] QUALIFYING CONDITION AND LEVEL OF IMMINENT SERIOUS RISK
 it  must  issue  a  second  retention order. If the court finds that the
 defendant is [mentally ill] A PERSON WITH MENTAL HEALTH,  DEVELOPMENTAL,
 COGNITIVE,  OR  INTELLECTUAL  CHALLENGES  but does not have a [dangerous
 mental disorder] QUALIFYING CONDITION  AND  LEVEL  OF  IMMINENT  SERIOUS
 RISK,  it  must issue a second retention order and, pursuant to subdivi-
 sion eleven of this section, a transfer order and  an  order  of  condi-
 tions.  If  THE  COMMISSIONER MAKES AN APPLICATION FOR RELEASE OR IF the
 court finds that the defendant does not have a [dangerous mental  disor-
 der]  QUALIFYING CONDITION AND LEVEL OF IMMINENT SERIOUS RISK and is not
 [mentally ill] A PERSON WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE, OR
 INTELLECTUAL CHALLENGES, it must issue a release order and an  order  of
 conditions  pursuant  to  subdivision  twelve  of  this  section. When a
 defendant is in the custody of the commissioner prior to the  expiration
 of the period prescribed in a second retention order, the procedures set
 forth  in  this subdivision for the issuance of a second retention order
 shall govern the application for and  the  issuance  of  any  subsequent
 retention order. ANY TIME A COMMITMENT OR RETENTION ORDER IS ISSUED, THE
 COMMISSIONER  OR THEIR DESIGNEE SHALL WORK WITH THE PERSON IN CUSTODY TO
 DEVELOP A DETAILED AND  EXTENSIVE  TREATMENT  PLAN  THAT  INCLUDES  WHAT
 SERVICES, TREATMENT, PROGRAMS, AND/OR CORRECTIVE ACTION THE PERSON NEEDS
 TO  TAKE  TO  OBTAIN RELEASE, A TRANSFER ORDER, AND/OR A FURLOUGH ORDER.
 THE COMMISSIONER OR DESIGNEE SHALL THEN PROVIDE ACCESS TO SUCH SERVICES,
 TREATMENT, AND PROGRAMS, AND THE INDIVIDUAL SHALL BE RELEASED, ISSUED  A
 TRANSFER  ORDER,  AND/OR  ISSUED  A FURLOUGH ORDER IF THEY SUBSTANTIALLY
 COMPLETE WHAT WAS REQUIRED FOR THE PARTICULAR OUTCOME.
   10. Furlough order. The commissioner may apply for a  furlough  order,
 pursuant  to  this subdivision, when a defendant is in [his] THE COMMIS-
 S. 8310                             6
 
 SIONER'S custody pursuant to a commitment order, recommitment order,  or
 retention  order  and  the  commissioner is of the view that, consistent
 with the public safety and welfare of the community and  the  defendant,
 the clinical condition of the defendant warrants a granting of the priv-
 ileges  authorized  by  a furlough order. The application for a furlough
 order may be made to the court that issued the commitment order, or to a
 superior court in the county where the secure facility is  located.  The
 commissioner must give ten days written notice to the district attorney,
 the  defendant,  counsel for the defendant, and the mental hygiene legal
 service. Upon receipt of such application, the court  may,  on  its  own
 motion, conduct a hearing to determine whether the application should be
 granted[,  and must conduct such hearing if a demand therefor is made by
 the district attorney]. If the [court finds] COMMISSIONER HAS FOUND that
 the issuance of a furlough order is consistent with  the  public  safety
 and  welfare  of  the community and the defendant, and that the clinical
 condition of the defendant warrants a granting of the privileges author-
 ized by a furlough order, the court must grant the application and issue
 a furlough order containing any terms  and  conditions  that  the  court
 deems necessary or appropriate. [If the defendant fails to return to the
 secure  facility  at the time specified in the furlough order, then, for
 purposes of subdivision nineteen of this section, he shall be deemed  to
 have  escaped]  A  PERSON IN CUSTODY SHALL BE PROVIDED AN OPPORTUNITY TO
 EARN PROGRESSIVELY MORE PERMISSIVE FURLOUGHS, INCLUDING  BEING  ESCORTED
 WITHIN  A FACILITY, UNESCORTED WITHIN A FACILITY, ESCORTED IN THE COMMU-
 NITY OUTSIDE A FACILITY, UNESCORTED COMMUNITY FURLOUGHS, AND  UNESCORTED
 COMMUNITY  FURLOUGHS  WITH COMMUNITY INTEGRATION, WHERE AN INDIVIDUAL IS
 ABLE TO SPEND TIME WITH THEIR FAMILY, WORK, PURSUE EDUCATION, AND PURSUE
 COMMUNITY-BASED TREATMENT. EACH PERSON IN CUSTODY SHALL HAVE THE  OPPOR-
 TUNITY  TO  MOVE TO A MORE PERMISSIVE FURLOUGH AT LEAST EVERY SIX MONTHS
 UNLESS THEY HAVE ENGAGED IN SPECIFIC BEHAVIOR WITHIN  THE  PREVIOUS  SIX
 MONTHS  DEMONSTRATING THAT THEY POSE A RISK OF IMMINENT SERIOUS PHYSICAL
 DANGER TO THEMSELVES OR OTHERS. IF AN  INDIVIDUAL  HAS  PARTICIPATED  IN
 UNESCORTED COMMUNITY FURLOUGHS FOR SIX MONTHS, THEY SHALL BE RELEASED OR
 RECEIVE  AN  ORDER  OF  TRANSFER.  IF  THEY  ARE TRANSFERRED, THEY SHALL
 CONTINUE ON THE SAME FURLOUGH PROGRESSION LEVEL.
   11. (A) Transfer order and order of conditions. The  commissioner  may
 apply for a transfer order, pursuant to this subdivision, when a defend-
 ant is in [his] THE COMMISSIONER'S custody pursuant to a retention order
 or  a  recommitment  order, and the commissioner is of the view that the
 defendant does not have a [dangerous mental disorder] QUALIFYING  CONDI-
 TION  AND  LEVEL  OF  IMMINENT SERIOUS RISK or that, consistent with the
 public safety and welfare of the community and the defendant, the  clin-
 ical condition of the defendant warrants [his] SUCH DEFENDANT'S transfer
 from  a  secure facility to a non-secure facility under the jurisdiction
 of the commissioner or to any  non-secure  facility  designated  by  the
 commissioner.  The  application  for a transfer order may be made to the
 court that issued the order under which the defendant is then in  custo-
 dy,  or  to  a superior court in the county where the secure facility is
 located. The commissioner must give  ten  days  written  notice  to  the
 district  attorney,  the  defendant,  counsel for the defendant, and the
 mental hygiene legal service. Upon  receipt  of  such  application,  the
 court  [may,  on  its own motion, conduct a hearing to determine whether
 the application should be granted, and must conduct such hearing if  the
 demand  therefor  is made by the district attorney. At such hearing, the
 district attorney must establish to the satisfaction of the  court  that
 the  defendant has a dangerous mental disorder or that the issuance of a
 S. 8310                             7

 transfer order is inconsistent with the public safety and welfare of the
 community. The court] must grant the application and  issue  a  transfer
 order if the [court finds] COMMISSIONER HAS CONCLUDED that the defendant
 does  not  have  a  [dangerous mental disorder] QUALIFYING CONDITION AND
 LEVEL OF IMMINENT SERIOUS RISK, or [if the court finds] that  the  issu-
 ance  of  a  transfer  order  is  consistent  with the public safety and
 welfare of the community and the defendant and that the clinical  condi-
 tion  of  the defendant, warrants [his] SUCH DEFENDANT'S transfer from a
 secure facility to a non-secure facility. A  court  must  also  issue  a
 transfer  order  when,  in  connection  with  an application for a first
 retention order pursuant to subdivision  eight  of  this  section  or  a
 second  or  subsequent  retention  order pursuant to subdivision nine of
 this section, it finds that a defendant is [mentally ill] A PERSON  WITH
 MENTAL  HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES but
 does not have a [dangerous mental  disorder]  QUALIFYING  CONDITION  AND
 LEVEL OF IMMINENT SERIOUS RISK. Whenever a court issues a transfer order
 it  must  also issue an order of conditions. A PERSON WHO IS TRANSFERRED
 MUST BEGIN THEIR NEW PLACEMENT WITH AT LEAST THE SAME LEVEL OF ALL PRIV-
 ILEGES, CONDITIONS, AND FURLOUGH PROGRESSION LEVEL AS THEY  HAD  AT  THE
 TIME OF THEIR TRANSFER.
   (B) NOTWITHSTANDING ANY OTHER SECTION OF LAW, AND REGARDLESS OF WHETH-
 ER ANY APPLICATION IS FILED, A COURT SHALL AUTOMATICALLY ISSUE A RELEASE
 ORDER OR A TRANSFER ORDER FROM A SECURE FACILITY TO A NON-SECURE FACILI-
 TY  TO  ANY  PERSON  IN  THE  CUSTODY  OF THE COMMISSIONER PURSUANT TO A
 COMMITMENT ORDER OR A RETENTION ORDER WHO HAS SPENT  A  TOTAL  OF  THREE
 YEARS  IN A SECURE FACILITY AND/OR A STATE OR LOCAL CORRECTIONAL FACILI-
 TY, OR WHO HAS SPENT A TOTAL PERIOD OF TIME IN A SECURE FACILITY  AND/OR
 A  STATE  OR  LOCAL  CORRECTIONAL FACILITY EQUAL TO THE MINIMUM SENTENCE
 THEY COULD HAVE RECEIVED FOR  THE  CHARGE  FOR  WHICH  THEY  RECEIVED  A
 VERDICT  OF,  OR ACCEPTED A PLEA OF, NOT RESPONSIBLE BY REASON OF MENTAL
 DISEASE OR DEFECT, WHICHEVER PERIOD OF TIME EXPIRES FIRST. FOR A  PERSON
 WHO  HAS  SPENT A TOTAL PERIOD OF TIME IN A SECURE FACILITY EQUAL TO THE
 MINIMUM SENTENCE THEY COULD HAVE RECEIVED FOR THE CHARGE FOR WHICH  THEY
 RECEIVED  A VERDICT OF, OR ACCEPTED A PLEA OF, NOT RESPONSIBLE BY REASON
 OF MENTAL DISEASE OR DEFECT, A COURT SHALL ISSUE A  RELEASE  ORDER.  FOR
 ANY  RELEASE  ORDER  OR  TRANSFER ORDER, THE PERSON SHALL BE RELEASED OR
 TRANSFERRED ON OR BEFORE THE DAY THE TIME PERIOD EXPIRES.
   (C) TIME SPENT IN A SECURE FACILITY AND/OR STATE OR LOCAL CORRECTIONAL
 FACILITY PRIOR TO A VERDICT, PLEA, AND/OR A SENTENCE, SHALL BE  INCLUDED
 AS PART OF THE TOTAL TIME PERIODS SET FORTH IN THIS SECTION.
   12.  (A)  Release  order and order of conditions. The commissioner may
 apply for a release order, pursuant to this subdivision, when a  defend-
 ant is in [his] THE COMMISSIONER'S custody pursuant to a retention order
 or  recommitment  order,  and  the  commissioner is of the view that the
 defendant no longer has a [dangerous mental disorder]  QUALIFYING CONDI-
 TION AND LEVEL OF IMMINENT SERIOUS RISK and is no longer [mentally  ill]
 A  PERSON  WITH MENTAL HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL
 CHALLENGES. The application for a release order may be made to the court
 that issued the order under which the defendant is then in  custody,  or
 to  a  superior  court  in the county where the facility is located. The
 application must contain a description of the defendant's current mental
 condition, the past course of treatment, a history  of  the  defendant's
 conduct  subsequent  to  [his]  SUCH  DEFENDANT'S  commitment, a written
 service plan for continued treatment which shall include the information
 specified in subdivision (g) of section 29.15 of the mental hygiene law,
 and a detailed statement of the  extent  to  which  supervision  of  the
 S. 8310                             8
 
 defendant after release is proposed. The commissioner must give ten days
 written  notice to the district attorney, the defendant, counsel for the
 defendant, and the mental hygiene legal service. Upon  receipt  of  such
 application, the court must promptly [conduct a hearing to determine the
 defendant's  present  mental  condition.   At such hearing, the district
 attorney must establish to  the  satisfaction  of  the  court  that  the
 defendant  has  a  dangerous  mental disorder or is mentally ill. If the
 court finds that the defendant has a dangerous mental disorder, it  must
 deny  the  application  for a release order. If the court finds that the
 defendant does not have a dangerous mental disorder but is mentally ill,
 it must issue a transfer order pursuant to subdivision  eleven  of  this
 section  if  the defendant is then confined in a secure facility. If the
 court finds that the defendant does not have a dangerous mental disorder
 and is not mentally ill, it must] grant  the  application  and  issue  a
 release  order.  A  court  must  also  issue  a  release  order when, in
 connection with an application for a first retention order  pursuant  to
 subdivision  eight  of  this section or a second or subsequent retention
 order pursuant to subdivision nine of this section, it  finds  that  the
 defendant  does not have a [dangerous mental disorder] QUALIFYING CONDI-
 TION AND LEVEL OF IMMINENT SERIOUS RISK and  is  not  [mentally  ill]  A
 PERSON  WITH  MENTAL  HEALTH,  DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL
 CHALLENGES. Whenever a court issues a release order it must  also  issue
 an  order  of  conditions. If the court has previously issued a transfer
 order and an order of conditions, it must issue a new  order  of  condi-
 tions  upon  issuing  a release order. The order of conditions issued in
 conjunction with a release order shall  incorporate  a  written  service
 plan  prepared  by  a  psychiatrist  familiar  with the defendant's case
 history and approved by the court, and shall contain any conditions that
 the court determines to be reasonably necessary or appropriate. It shall
 be the responsibility of the commissioner to determine that such defend-
 ant is receiving the services specified in the written service plan  and
 is complying with any conditions specified in such plan and the order of
 conditions.
   (B)  (I)  NOTWITHSTANDING  ANY OTHER SECTION OF LAW, AND REGARDLESS OF
 WHETHER ANY APPLICATION IS FILED, A COURT SHALL  AUTOMATICALLY  ISSUE  A
 RELEASE  ORDER TO ANY PERSON IN THE CUSTODY OF THE COMMISSIONER PURSUANT
 TO A COMMITMENT ORDER OR A RETENTION ORDER WHO HAS SPENT A TOTAL OF  SIX
 YEARS  IN SUCH CUSTODY IN A SECURE FACILITY, NON-SECURE FACILITY, AND/OR
 A STATE OR LOCAL CORRECTIONAL FACILITY, OR WHO HAS SPENT A TOTAL  PERIOD
 OF TIME IN SUCH CUSTODY IN A SECURE FACILITY, NON-SECURE FACILITY AND/OR
 A  STATE  OR  LOCAL  CORRECTIONAL FACILITY EQUAL TO THE MINIMUM SENTENCE
 THEY COULD HAVE RECEIVED FOR  THE  CHARGE  FOR  WHICH  THEY  RECEIVED  A
 VERDICT  OF,  OR ACCEPTED A PLEA OF, NOT RESPONSIBLE BY REASON OF MENTAL
 DISEASE OR DEFECT, WHICHEVER PERIOD OF TIME EXPIRES  FIRST.  THE  PERSON
 SHALL BE RELEASED ON OR BEFORE THE DAY THE TIME PERIOD EXPIRES.
   (II)  TIME  SPENT  IN  A  SECURE FACILITY, NON-SECURE FACILITY, AND/OR
 STATE OR LOCAL CORRECTIONAL FACILITY PRIOR TO A VERDICT, A PLEA,  AND/OR
 A  SENTENCE,  SHALL  BE  INCLUDED  AS PART OF THE TOTAL TIME PERIODS SET
 FORTH IN THIS SECTION.
   (C) ALL FACILITIES UNDER THIS SECTION  SHALL  ALL  OPERATE  THE  SAME,
 CONSISTENT   POLICIES,   INCLUDING  WITH  RESPECT  TO  TREATMENT  PLANS,
 FURLOUGHS, RETENTION ORDERS, TRANSFER ORDERS, AND RELEASE ORDERS.
   13. Discharge order. The commissioner may apply for a discharge order,
 pursuant to this subdivision, when a defendant has been continuously  on
 an  out-patient  status  for  three  years or more pursuant to a release
 order, and the commissioner is of the view that the defendant no  longer
 S. 8310                             9
 
 has  a  [dangerous  mental  disorder]  QUALIFYING CONDITION AND LEVEL OF
 IMMINENT SERIOUS RISK and is no longer  [mentally  ill]  A  PERSON  WITH
 MENTAL  HEALTH, DEVELOPMENTAL, COGNITIVE, OR INTELLECTUAL CHALLENGES and
 that  the  issuance  of  a discharge order is consistent with the public
 safety and welfare of the community and the defendant.  The  application
 for  a  discharge order may be made to the court that issued the release
 order, or to a superior court in the county where the defendant is  then
 residing.  The  commissioner  must  give  ten days written notice to the
 district attorney, the defendant, counsel for  the  defendant,  and  the
 mental  hygiene  legal  service.  Upon  receipt of such application, the
 court [may, on its own motion, conduct a hearing  to  determine  whether
 the  application  should  be granted, and must conduct such hearing if a
 demand therefor is made by the district attorney. The court] must  grant
 the application and issue a discharge order if the [court finds] COMMIS-
 SIONER  HAS FOUND that the defendant has been continuously on an out-pa-
 tient status for three years or more, that [he] SUCH DEFENDANT does  not
 have  a  [dangerous  mental  disorder] QUALIFYING CONDITION AND LEVEL OF
 IMMINENT SERIOUS RISK and is not [mentally ill]  A  PERSON  WITH  MENTAL
 HEALTH,  DEVELOPMENTAL,  COGNITIVE, OR INTELLECTUAL CHALLENGES, and that
 the issuance of the discharge order is consistent with the public safety
 and welfare of the community and the defendant.
   15. Designation of psychiatric examiners. If, at any hearing conducted
 under this section to determine the defendant's  present  mental  condi-
 tion,  the  court  is not satisfied with the findings of the psychiatric
 examiners, the court may direct the commissioner  to  designate  one  or
 more  additional  psychiatric examiners to conduct an examination of the
 defendant and submit a report of their findings. In addition, the  court
 may  on its own motion, or upon request of a party, may designate one or
 more psychiatric examiners to examine the defendant and submit a  report
 of  their findings. The district attorney may NOT apply to the court for
 an order directing that the defendant submit  to  an  examination  by  a
 psychiatric  examiner  designated  by  the  district attorney[, and such
 psychiatric examiner may testify at the hearing].
   § 4. Subdivision 14 of section 330.20 of the criminal procedure law is
 REPEALED.
   § 5. Paragraphs (a) and (c) of subdivision 21 of section 330.20 of the
 criminal procedure law, as added by chapter 976 of  the  laws  of  1983,
 subparagraph (ii) of paragraph (a) as amended by chapter 330 of the laws
 of 1993, are amended to read as follows:
   (a) A party to proceedings conducted in accordance with the provisions
 of  this  section  may take an appeal to an intermediate appellate court
 [by permission of the intermediate appellate court] as follows:
   (i) the commissioner may appeal from any  [release  order,]  retention
 order[,  transfer  order,  discharge order,] OR order of conditions[, or
 recommitment order,] for which [he] SUCH COMMISSIONER has not applied;
   (ii) a defendant, or the mental hygiene legal service on [his or  her]
 A  DEFENDANT'S  behalf,  may appeal from any commitment order, retention
 order, [recommitment order,] or, if the defendant has obtained a rehear-
 ing and review of any such order pursuant to subdivision sixteen of this
 section, from an order, not otherwise appealable as of right, issued  in
 accordance  with  the  provisions of section 9.35 or 15.35 of the mental
 hygiene law authorizing continued retention under the  original  order[,
 provided,  however,  that a defendant who takes an appeal from a commit-
 ment order, retention order, or recommitment order may not  subsequently
 obtain  a  rehearing  and  review  of such order pursuant to subdivision
 sixteen of this section;
 S. 8310                            10

   (iii) the district attorney may appeal from any release order,  trans-
 fer  order,  discharge  order,  order  of conditions, furlough order, or
 order denying an application for a recommitment order which he opposed].
   (c)  An  appeal  taken under this subdivision shall be deemed civil in
 nature, and shall be governed by the laws and rules applicable to  civil
 appeals; provided, however, THAT ANY SUCH APPEAL SHALL BE DECIDED WITHIN
 SIX  MONTHS  OF  BEING  FILED AND that a stay of the order appealed from
 must be obtained in accordance with  the  provisions  of  paragraph  (d)
 [hereof]  OF  THIS  SUBDIVISION.    IF AN APPEAL OF A RETENTION ORDER OR
 COMMITMENT ORDER IS NOT DECIDED WITHIN SIX MONTHS AFTER  THE  DATE  SUCH
 APPEAL  IS FILED, THE INDIVIDUAL HELD IN A SECURE OR NON-SECURE FACILITY
 UNDER SUCH RETENTION ORDER OR COMMITMENT ORDER SHALL BE RELEASED FROM  A
 NON-SECURE FACILITY OR RELEASED OR TRANSFERRED FROM A SECURE FACILITY TO
 A  NON-SECURE  FACILITY,  UNLESS THE COMMISSIONER SEEKS AND OBTAINS FROM
 THE COURT A STAY OF SUCH RELEASE OR TRANSFER BY DEMONSTRATING  BEYOND  A
 REASONABLE  DOUBT  THAT  THE PERSON CURRENTLY HAS A QUALIFYING CONDITION
 AND LEVEL OF IMMINENT SERIOUS RISK.
   § 6. Section 330.20 of the criminal procedure law is amended by adding
 two new subdivisions 23 and 24 to read as follows:
   23. THE OFFICE OF MENTAL HEALTH SHALL PUBLISH MONTHLY REPORTS  ON  ITS
 WEBSITE,  ALONG  WITH  SEMI-ANNUAL AND ANNUAL CUMULATIVE REPORTS, OF THE
 TOTAL NUMBER OF PEOPLE HELD  IN  EACH  SECURE  AND  NON-SECURE  FORENSIC
 FACILITY IN THE STATE.
   (A) THE NUMBER OF PEOPLE IN EACH SECURE AND NON-SECURE FORENSIC FACIL-
 ITY  SHALL  BE  SEPARATELY LISTED, INCLUDING: (I) THOSE THAT HOLD PEOPLE
 PURSUANT TO THIS SECTION AND SECTION 730.50 OF THIS CHAPTER OR 14  NYCRR
 PART  57,  AND  INCLUDING  BUT  NOT  LIMITED  TO THE MID-HUDSON FORENSIC
 PSYCHIATRIC  CENTER,  KIRBY  FORENSIC  PSYCHIATRIC   CENTER,   ROCHESTER
 REGIONAL  FORENSIC  UNIT, AND NORTHEAST REGIONAL FORENSIC UNIT; (II) ALL
 SECURE TREATMENT FACILITIES, AS DEFINED IN SUBDIVISION  (O)  OF  SECTION
 10.03  OF  THE  MENTAL  HYGIENE  LAW,  INCLUDING  BUT NOT LIMITED TO THE
 CENTRAL NEW YORK PSYCHIATRIC CENTER AND ST. LAWRENCE PSYCHIATRIC CENTER;
 AND (III) ALL SECURE MENTAL HEALTH FACILITIES HOLDING PEOPLE PURSUANT TO
 SECTION FOUR HUNDRED TWO OR FIVE HUNDRED EIGHT OF THE CORRECTION LAW.
   (B) THE NUMBER OF PEOPLE HELD IN EACH SECURE AND  NON-SECURE  FORENSIC
 FACILITY SHALL BE BROKEN DOWN BY: (I) RACE, (II) AGE, (III) GENDER IDEN-
 TITY,  (IV)  DOCUMENTED  MENTAL  HEALTH  STATUS AND DIAGNOSES, (V) OTHER
 DOCUMENTED DISABILITY, (VI) PREGNANCY OR POSTPARTUM STATUS, (VII)  IDEN-
 TIFICATION  AS  LESBIAN, GAY, BISEXUAL, TRANSGENDER, INTERSEX, OR GENDER
 NONCONFORMING, (VIII) LENGTH OF STAY AT  THEIR  PRESENT  FACILITY,  (IX)
 LENGTH  OF  STAY  IN  A SECURE OR NON-SECURE FACILITY, AND (X) LENGTH OF
 STAY SINCE THEIR INITIAL CONFINEMENT.
   24. (A) NOT LATER THAN NINETY DAYS AFTER THE EFFECTIVE  DATE  OF  THIS
 SUBDIVISION,  THE SENATE SHALL ESTABLISH A COMMUNITY ADVISORY COMMITTEE,
 WITH NO LESS THAN FIVE MEMBERS. EACH MEMBER OF  THE  COMMUNITY  ADVISORY
 COMMITTEE  SHALL  BE A PERSON WHO HAS BEEN CONFINED IN A SECURE FORENSIC
 FACILITY, HAS OR HAS HAD A LOVED  ONE  CONFINED  IN  A  SECURE  FORENSIC
 FACILITY,  OR  IS A FAITH LEADER, MEDICAL OR MENTAL HEALTH PROFESSIONAL,
 OR CIVIL RIGHTS OR HUMAN RIGHTS ADVOCATE. ALL  MEMBERS  SHALL  HAVE  HAD
 SOME  EXPERIENCE  ENGAGING IN ADVOCACY AIMED AT ENHANCING THE RIGHTS AND
 TREATMENT OF PEOPLE WITH MENTAL HEALTH NEEDS. NO LESS THAN HALF  OF  ALL
 MEMBERS  SHALL  BE  PEOPLE  WHO  HAVE BEEN CONFINED IN A SECURE FORENSIC
 FACILITY OR HAVE HAD A LOVED ONE CONFINED IN A SECURE FORENSIC FACILITY.
   (B) MEMBERS OF SUCH COMMUNITY ADVISORY COMMITTEE  SHALL  BE  APPOINTED
 FOR  A  TERM  OF FIVE YEARS, WITH THE POSSIBILITY OF REAPPOINTMENTS. THE
 S. 8310                            11
 
 COMMUNITY ADVISORY COMMITTEE SHALL HAVE THE  ABILITY  TO  DESIGNATE  ANY
 PERSON TO ASSIST THE WORK OF THE COMMUNITY ADVISORY COMMITTEE.
   (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMUNITY ADVISORY
 COMMITTEE  AND  ITS DESIGNEES SHALL HAVE THE ABILITY TO MAKE UNANNOUNCED
 VISITS TO, AND HAVE ACCESS TO EVERY  AREA  OF  AND  ALL  NON-CLASSIFIED,
 NON-PRIVILEGED DATA FROM, ALL SECURE AND NON-SECURE FORENSIC FACILITIES,
 INCLUDING  (I)  THOSE  THAT  HOLD  PEOPLE  PURSUANT  TO THIS SECTION AND
 SECTION 730.50 OF THIS CHAPTER OR 14 NYCRR PART 57,  AND  INCLUDING  BUT
 NOT  LIMITED TO THE MID-HUDSON FORENSIC PSYCHIATRIC CENTER, KIRBY FOREN-
 SIC PSYCHIATRIC CENTER, ROCHESTER REGIONAL FORENSIC UNIT, AND  NORTHEAST
 REGIONAL FORENSIC UNIT; (II) ALL SECURE TREATMENT FACILITIES, AS DEFINED
 IN SUBDIVISION (O) OF SECTION 10.03 OF THE MENTAL HYGIENE LAW, INCLUDING
 BUT  NOT  LIMITED  TO  THE  CENTRAL  NEW YORK PSYCHIATRIC CENTER AND ST.
 LAWRENCE PSYCHIATRIC CENTER; AND (III) ALL SECURE MENTAL HEALTH  FACILI-
 TIES HOLDING PEOPLE PURSUANT TO SECTION FOUR HUNDRED TWO OR FIVE HUNDRED
 EIGHT OF THE CORRECTION LAW.
   (D)  THE COMMUNITY ADVISORY COMMITTEE AND ITS DESIGNEES SHALL HAVE THE
 ABILITY TO CONDUCT IN-PERSON INTERVIEWS AND CORRESPOND  AND  COMMUNICATE
 WITH PEOPLE HELD IN SECURE AND NON-SECURE FORENSIC FACILITIES AND FACIL-
 ITY  STAFF  FREELY,  PRIVATELY,  AND CONFIDENTIALLY, UPON CONSENT OF THE
 CONFINED PERSON OR FACILITY STAFF. ADMINISTRATORS OF EACH FACILITY SHALL
 MEET PRIVATELY WITH THE COMMUNITY ADVISORY COMMITTEE  OR  ITS  DESIGNEES
 UPON REQUEST.
   (E)  (I) ALL PEOPLE HELD IN A SECURE FACILITY SHALL HAVE THE RIGHT AND
 ACCESS TO CONFIDENTIALLY COMMUNICATE WITH THE COMMUNITY ADVISORY COMMIT-
 TEE AND ITS DESIGNEES, INCLUDING WHILE THE COMMUNITY ADVISORY  COMMITTEE
 OR  ITS DESIGNEES ARE AT THE FACILITY AND THROUGH FREE PHONE CALLS, FREE
 MAIL CORRESPONDENCE, AND FREE EMAIL CORRESPONDENCE. SUCH  COMMUNICATIONS
 SHALL  BE  AFFORDED  THE SAME LEVELS OF PROTECTION, CONFIDENTIALITY, AND
 PRIVILEGE AS ATTORNEY-CLIENT CORRESPONDENCE.
   (II) NO PERSON SHALL FACE ANY FORM OF RETALIATION  OR  ADVERSE  IMPACT
 FOR  HAVING  CONTACT  WITH, OR BEING PERCEIVED TO HAVE HAD CONTACT WITH,
 THE COMMUNITY ADVISORY COMMITTEE.
   (F) THE COMMUNITY ADVISORY COMMITTEE AND ITS DESIGNEES SHALL HAVE  THE
 RIGHT  TO  BRING  AND USE ELECTRONIC EQUIPMENT IN ANY FORENSIC FACILITY,
 INCLUDING VIDEO CAMERAS, PHOTOGRAPHIC CAMERAS, AUDIO RECORDING  DEVICES,
 MOBILE  TELEPHONES,  COMPUTERS, AND TABLETS, FOR THE PURPOSES OF RECORD-
 ING,  DOCUMENTATION,  ADMINISTRATION  OF  SURVEYS,  AND  OTHER   RELATED
 PURPOSES.
   (G)  (I) THE COMMUNITY ADVISORY COMMITTEE AND ITS DESIGNEES SHALL HAVE
 THE RIGHT TO RECEIVE, ACCESS, INSPECT, AND COPY ALL RELEVANT NON-CLASSI-
 FIED,  NON-PRIVILEGED  INFORMATION,  RECORDS,  AND  DOCUMENTS   IN   THE
 POSSESSION  OR  CONTROL  OF  ANY FORENSIC FACILITY, ANY ADMINISTRATOR OR
 EMPLOYEE OF ANY FORENSIC FACILITY, AND ANY ADMINISTRATOR OR EMPLOYEE  OF
 THE OFFICE OF MENTAL HEALTH.
   (II)  THE COMMUNITY ADVISORY COMMITTEE AND ITS DESIGNEES SHALL RECEIVE
 ANY SUCH RECORDS WITHIN SEVEN DAYS  OF  A  REQUEST.  WHERE  THE  RECORDS
 REQUESTED  BY  THE COMMUNITY ADVISORY COMMITTEE OR ITS DESIGNEES PERTAIN
 TO A DEATH OF AN INCARCERATED INDIVIDUAL, THREATS OF BODILY HARM INCLUD-
 ING SEXUAL OR PHYSICAL ASSAULTS, OR  THE  DENIAL  OF  NECESSARY  MEDICAL
 TREATMENT, THE RECORDS SHALL BE PROVIDED WITHIN FORTY-EIGHT HOURS UNLESS
 MEMBERS  OF  THE COMMUNITY ADVISORY COMMITTEE OR THEIR DESIGNEES CONSENT
 TO AN EXTENSION OF THE DEADLINE.
   (H) THE COMMUNITY ADVISORY COMMITTEE MAY MAKE PERIODIC RECOMMENDATIONS
 TO THE GOVERNOR, TEMPORARY PRESIDENT  OF  THE  SENATE,  SPEAKER  OF  THE
 ASSEMBLY,  ANY FORENSIC FACILITY OR THE OFFICE OF MENTAL HEALTH. FOR ANY
 S. 8310                            12
 
 RECOMMENDATIONS MADE BY THE COMMUNITY ADVISORY COMMITTEE TO  A  FACILITY
 OR  THE  OFFICE  OF MENTAL HEALTH, THE FACILITY AND THE OFFICE OF MENTAL
 HEALTH SHALL REPORT TO THE COMMUNITY ADVISORY  COMMITTEE  WITHIN  NINETY
 DAYS  WHETHER  IT HAS DESIGNED AND IMPLEMENTED A REMEDIAL ACTION PLAN TO
 ADDRESS THE RECOMMENDATIONS, AND TRANSMIT ANY SUCH REMEDIAL ACTION  PLAN
 TO  THE  COMMUNITY  ADVISORY COMMITTEE. THE COMMUNITY ADVISORY COMMITTEE
 MAY PUBLISH ITS FINDINGS AND RECOMMENDATIONS ON  THE  OFFICE  OF  MENTAL
 HEALTH'S WEBSITE.
   §  7. Subdivisions 3 and 5 of section 730.50 of the criminal procedure
 law, subdivision 5 as amended by chapter 629 of the laws  of  1974,  are
 amended to read as follows:
   3.  When a defendant is in the custody of the commissioner immediately
 prior to the expiration of the period prescribed in the first  order  of
 retention,  the  procedure  set forth in subdivision two OF THIS SECTION
 shall govern the application for and  the  issuance  of  any  subsequent
 order  of retention, except that any subsequent orders of retention must
 be for periods not to exceed two years each; provided, however, that the
 aggregate of the periods prescribed in the temporary  order  of  commit-
 ment,  the  first  order  of  retention  and  all  subsequent  orders of
 retention must not exceed THE AUTHORIZED MINIMUM TERM  OF  IMPRISONMENT,
 OR  two-thirds  of  the  authorized maximum term of imprisonment for the
 highest class felony charged in the indictment or for the highest  class
 felony  of  which [he] THE DEFENDANT was convicted, OR A TOTAL PERIOD OF
 SIX YEARS, WHICHEVER PERIOD OF TIME EXPIRES FIRST.
   5. When, on the effective date  of  this  subdivision,  any  defendant
 remains  in  the custody of the commissioner pursuant to an order issued
 under former code of criminal procedure section six hundred sixty-two-b,
 the superintendent or director of the institution where  such  defendant
 is  confined  shall,  if  [he  believes] THEY BELIEVE that the defendant
 continues to be an incapacitated person, apply forthwith to a  court  of
 record  in  the  county where the institution is located for an order of
 retention. The procedures for  obtaining  any  order  pursuant  to  this
 subdivision  shall  be in accordance with the provisions of subdivisions
 two, three and four of this section, except that the period of retention
 pursuant to the first order obtained under this subdivision shall be for
 not more than one year and any subsequent orders of  retention  must  be
 for  periods  not  to exceed two years each; provided, however, that the
 aggregate of the time spent in the custody of the commissioner  pursuant
 to  any order issued in accordance with the provisions of former code of
 criminal procedure section  six  hundred  sixty-two-b  and  the  periods
 prescribed  by  the  first order obtained under this subdivision and all
 subsequent orders of retention must not exceed two-thirds of the author-
 ized [maximum] MINIMUM term of imprisonment for the highest class felony
 charged in the indictment or the highest class felony of which [he]  THE
 DEFENDANT was convicted, OR A TOTAL PERIOD OF SIX YEARS, WHICHEVER PERI-
 OD OF TIME EXPIRES FIRST.
   §  8.  All  provisions  of  this  act shall apply retroactively to all
 people in the custody of  the  commissioner  of  mental  health  or  the
 commissioner of the office for people with developmental disabilities at
 the  time  this act takes effect, and all time periods set forth in this
 act shall apply to each such person beginning when the person was  first
 in  the custody of the commissioner of mental health or the commissioner
 of the office for people with developmental disabilities.
   § 9. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.