| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Nov 07, 2025 |
referred to rules |
Find your Senator and share your views on important issues.
Senate Bill S8567
2025-2026 Legislative Session
Redefines culpability from not responsible by reason of mental disease or defect to responsible but for mental disease or defect
download bill text pdfSponsored By
(R, C) 53rd Senate District
Current Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2025-S8567 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §§220.10, 220.15, 220.60, 300.10, 330.10 & 330.20, CP L; amd §§10.03, 10.05, 10.06, 10.07 & 67.08, Ment Hyg L; add §60.38, Pen L
2025-S8567 (ACTIVE) - Summary
Redefines culpability from not responsible by reason of mental disease or defect to responsible but for mental disease or defect; amends the procedures to be followed following a verdict or plea of responsible but for mental disease or defect; establishes maximum and minimum terms for persons sentenced upon such a verdict or plea.
2025-S8567 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8567
SPONSOR: GRIFFO
TITLE OF BILL:
An act to amend the criminal procedure law, the mental hygiene law and
the penal law, in relation to persons who enter a plea or are found
responsible but for mental disease or defect
PURPOSE:
To redefine criminal culpability in cases involving mental disease or
defect, replacing the current standard of "not responsible by reason of
mental disease or defect" with "responsible but for mental disease or
defect," thereby aligning statutory language with a modern understanding
of accountability and treatment.
SUMMARY OF PROVISIONS:
This bill amends multiple sections of the Criminal Procedure Law (CPL),
the Mental Hygiene Law (MHL), and the Penal Law to replace references to
"not responsible by reason of mental disease or defect" with "responsi-
ble but for mental disease or defect." Key provisions include: Authorizing courts to accept pleas of "responsible but for mental disease or defect" (§§ 220.10, 220.15, CPL). Revising post-verdict procedures (§ 330.20, CPL) to provide defined minimum and maximum confinement terms within the custody of the Commis- sioner of Mental Health, and allows persons who are sentenced within this parameter to be remanded and treated at secure facilities to receive proper medical and mental health treatment. Amending the Mental Hygiene Law to reflect the new terminology in sections governing sex offender evaluations and transfers. Establishing a new Penal Law section (§ 60.38) setting sentencing param- eters for defendants found "responsible but for mental disease or defect," including class-based minimum and maximum terms and referral to civil commitment if danger persists after sentence completion. EXISTING LAW: N/A. JUSTIFICATION: This legislation modernizes New York's approach to the intersection of mental health and criminal responsibility. The current "not responsible" standard dates back decades and is often misunderstood as absolving individuals entirely of accountability. By shifting to "responsible but for mental disease or defect," the bill clarifies that such individuals committed the acts in question but did so under conditions of impaired mental capacity. This reframing promotes transparency, public confidence, and a balanced approach to justice-acknowledging both the need for treatment and the public interest in accountability. The bill also provides structured sentencing parameters and maintains judicial discretion to impose civil commitment for those who remain a danger after serving their terms. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None. LOCAL FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2025-S8567 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8567
2025-2026 Regular Sessions
I N S E N A T E
November 7, 2025
___________
Introduced by Sen. GRIFFO -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, the mental hygiene law and
the penal law, in relation to persons who enter a plea or are found
responsible but for mental disease or defect
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 220.10 of the criminal procedure
law, as added by chapter 548 of the laws of 1980, is amended to read as
follows:
6. The defendant may, with both the permission of the court and the
consent of the people, enter a plea of [not] responsible [by reason of]
BUT FOR mental disease or defect to the indictment in the manner
prescribed in section 220.15 of this [chapter] ARTICLE.
§ 2. Section 220.15 of the criminal procedure law, as added by chapter
548 of the laws of 1980, subdivisions 1, 2 and 5 as amended by chapter
668 of the laws of 1984, is amended to read as follows:
§ 220.15 Plea; plea of [not] responsible [by reason of] BUT FOR mental
disease or defect.
1. The defendant may, with both the permission of the court and the
consent of the people, enter a plea of [not] responsible [by reason of]
BUT FOR mental disease or defect to the entire indictment. The district
attorney must state to the court either orally on the record or in a
writing filed with the court that the people consent to the entry of
such plea and that the people are satisfied that the affirmative defense
of lack of criminal responsibility by reason of mental disease or defect
would be proven by the defendant at a trial by a preponderance of the
evidence. The district attorney must further state to the court in
detail the evidence available to the people with respect to the offense
or offenses charged in the indictment, including all psychiatric
evidence available or known to the people. If necessary, the court may
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13957-01-5
S. 8567 2
conduct a hearing before accepting such plea. The district attorney
must further state to the court the reasons for recommending such plea.
The reasons shall be stated in detail and not in conclusory terms.
2. Counsel for the defendant must state that in [his] SUCH COUNSEL'S
opinion defendant has the capacity to understand the proceedings and to
assist in [his] SUCH DEFENDANT'S own defense and that the defendant
understands the consequences of a plea of not responsible [by reason of]
BUT FOR mental disease or defect. Counsel for the defendant must
further state whether in [his] SUCH COUNSEL'S opinion defendant has any
viable defense to the offense or offenses charged in the indictment
other than the affirmative defense of lack of criminal responsibility by
reason of mental disease or defect. Counsel for the defendant must
further state in detail the psychiatric evidence available to the
defendant with respect to such latter affirmative defense.
3. Before accepting a plea of [not] responsible [by reason of] BUT
FOR mental disease or defect, the court must address the defendant in
open court and determine that [he] SUCH DEFENDANT understands each of
the following:
(a) The nature of the charge to which the plea is offered, and the
consequences of such plea;
(b) That [he] SUCH DEFENDANT has the right to plead not guilty or to
persist in that plea if it has already been entered;
(c) That [he] SUCH DEFENDANT has the right to be tried by a jury, the
right to the assistance of counsel, the right to confront and cross-exa-
mine witnesses against [him] SUCH DEFENDANT, and the right not to be
compelled to incriminate [himself] THEMSELF;
(d) That if [he] SUCH DEFENDANT pleads [not] responsible [by reason
of] BUT FOR mental disease or defect there will be no trial with respect
to the charges contained in the indictment, so that by offering such
plea [he] SUCH DEFENDANT waives the right to such trial;
(e) That if [he] SUCH DEFENDANT pleads [not] responsible [by reason
of] BUT FOR mental disease or defect the court will ask [him] SUCH
DEFENDANT questions about the offense or offenses charged in the indict-
ment and that [he] SUCH DEFENDANT will thereby waive [his] SUCH DEFEND-
ANT'S right not to be compelled to incriminate [himself] THEMSELF; and
(f) That the acceptance of a plea of [not] responsible [by reason of]
BUT FOR mental disease or defect is the equivalent of a verdict of [not]
responsible [by reason of] BUT FOR mental disease or defect after trial.
4. The court shall not accept a plea of [not] responsible [by reason
of] BUT FOR mental disease or defect without first determining that
there is a factual basis for such plea. The court must address the
defendant personally in open court and determine that the plea is volun-
tary, knowingly made, and not the result of force, threats, or promises.
The court must inquire whether the defendant's willingness to plead
results from prior discussions between the district attorney and counsel
for the defendant. The court must be satisfied that the defendant
understands the proceedings against [him] SUCH DEFENDANT, has sufficient
capacity to assist in [his] SUCH DEFENDANT'S own defense and understands
the consequences of a plea of [not] responsible [by reason of] BUT FOR
mental disease or defect. The court may make such inquiry as it deems
necessary or appropriate for the purpose of making the determinations
required by this section.
5. Before accepting a plea of [not] responsible [by reason of] BUT
FOR mental disease or defect, the court must find and state each of the
following on the record in detail and not in conclusory terms:
S. 8567 3
(a) That it is satisfied that each element of the offense or offenses
charged in the indictment would be established beyond a reasonable doubt
at a trial;
(b) That the affirmative defense of lack of criminal responsibility
by reason of mental disease or defect would be proven by the defendant
at a trial by a preponderance of the evidence;
(c) That the defendant has the capacity to understand the proceedings
against [him] SUCH DEFENDANT and to assist in [his] SUCH DEFENDANT'S own
defense;
(d) That such plea by the defendant is knowingly and voluntarily made
and that there is a factual basis for the plea;
(e) That the acceptance of such plea is required in the interest of
the public in the effective administration of justice.
6. When a plea of [not] responsible [by reason of] BUT FOR mental
disease or defect is accepted by the court and recorded upon the
minutes, the provisions of section 330.20 of this [chapter] TITLE shall
govern all subsequent proceedings against the defendant.
§ 3. Subdivisions 2 and 3 of section 220.60 of the criminal procedure
law, subdivision 2 as amended by chapter 1 of the laws of 1995 and
subdivision 3 as amended by chapter 548 of the laws of 1980, are amended
to read as follows:
2. A defendant who has entered a plea of not guilty to an indictment
may, with both the permission of the court and the consent of the
people, withdraw such plea at any time before the rendition of a verdict
and enter: (a) a plea of guilty to part of the indictment pursuant to
subdivision three or four but subject to the limitation in subdivision
five of section 220.10 OF THIS ARTICLE, or (b) a plea of [not] responsi-
ble [by reason of] BUT FOR mental disease or defect to the indictment
pursuant to section 220.15 of this [chapter] ARTICLE.
3. At any time before the imposition of sentence, the court in its
discretion may permit a defendant who has entered a plea of guilty to
the entire indictment or to part of the indictment, or a plea of [not]
responsible [by reason of] BUT FOR mental disease or defect, to withdraw
such plea, and in such event the entire indictment, as it existed at the
time of such plea, is restored.
§ 4. Subdivision 3 and paragraph (d) of subdivision 4 of section
300.10 of the criminal procedure law, subdivision 3 as amended by chap-
ter 668 of the laws of 1984 and paragraph (d) of subdivision 4 as
amended by chapter 548 of the laws of 1980, are amended to read as
follows:
3. Where a defendant has raised the affirmative defense of lack of
criminal responsibility by reason of mental disease or defect, as
defined in section 40.15 of the penal law, the court must, without elab-
oration, instruct the jury as follows: "A jury during its deliberations
must never consider or speculate concerning matters relating to the
consequences of its verdict. However, because of the lack of common
knowledge regarding the consequences of a verdict of [not] responsible
[by reason of] BUT FOR mental disease or defect, I charge you that if
this verdict is rendered by you there will be hearings as to the defend-
ant's present mental condition and, where appropriate, involuntary
commitment proceedings."
(d) Where appropriate, ["not responsible by reason of] "RESPONSIBLE
BUT FOR mental disease or defect."
§ 5. Subdivision 2 of section 330.10 of the criminal procedure law,
as amended by chapter 548 of the laws of 1980, is amended to read as
follows:
S. 8567 4
2. Upon a verdict of [not] responsible [by reason of] BUT FOR mental
disease or defect, the provisions of section 330.20 of this [chapter]
ARTICLE shall govern all subsequent proceedings against the defendant.
§ 6. Section 330.20 of the criminal procedure law, as added by chapter
548 of the laws of 1980, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 672 of the laws of 2019, paragraph (d) of subdivision
1 and the opening paragraph of subdivision 2 as amended by chapter 479
of the laws of 2022, paragraph (o) of subdivision 1, the closing para-
graph 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 chap-
ter 789 of the laws of 1985, subdivision 21 as added by chapter 976 of
the laws of 1983 and subparagraph (ii) of paragraph (a) of subdivision
21 as amended by chapter 330 of the laws of 1993, is amended to read as
follows:
§ 330.20 Procedure following verdict or plea of [not] responsible [by
reason of] BUT FOR 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 the office for people with developmental disa-
bilities.
(b) "Secure facility" means a facility within the state office of
mental health or the state office for people with developmental disabil-
ities 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 designated by the commissioner.
(c) "Dangerous mental disorder" means: (i) that a defendant currently
suffers from 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 DEFENDANT currently constitutes a physical
danger to [himself] THEMSELF or others.
(d) "Mentally ill" means that a defendant currently suffers from a
mental illness for which care and treatment as a patient, in the in-pa-
tient services of a psychiatric center under the jurisdiction of the
state office of mental health, is essential to such defendant's welfare
and that [his or her] THEIR judgment is so impaired that [he] SUCH
DEFENDANT is unable to understand the need for such care and treatment;
and, where a defendant has a developmental disability, the term "mental-
ly ill" shall also mean, for purposes of this section, that the defend-
ant is in need of care and treatment as a resident in the in-patient
services of a developmental center or other residential facility for
individuals with developmental disabilities 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, or if [he]
SUCH DEFENDANT does not have A dangerous mental disorder, whether [he]
SUCH DEFENDANT is mentally ill.
(f) "Commitment order" or "recommitment order" means an order commit-
ting a defendant to the custody of the commissioner for confinement in a
secure facility for care and treatment [for six months from the date of
the order].
(g) "First retention order" means an order which is effective [at the
expiration of the period prescribed in a commitment order for a recom-
S. 8567 5
mitment order, authorizing continued custody of a defendant by the
commissioner for a period not to exceed one year] AFTER THE DEFENDANT
HAS SERVED THE MINIMUM PERIOD OF IMPRISONMENT IMPOSED AT THE TIME OF
SENTENCING.
(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.
(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.
(j) "Retention order" means a first retention order, a second
retention order or a subsequent retention order.
(k) "Furlough order" means an order directing the commissioner to
allow a defendant in confinement pursuant to a commitment order, recom-
mitment order or retention order to temporarily leave the facility for a
period not exceeding fourteen days, either with or without the constant
supervision of one or more employees of the facility.
(l) "Transfer order" means an order directing the commissioner to
transfer a defendant 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.
(m) "Release order" means an order directing the commissioner to
terminate a defendant's in-patient status without terminating the
commissioner's responsibility for the defendant.
(n) "Discharge order" means an order terminating an order of condi-
tions or unconditionally discharging a defendant from supervision under
the provisions of this section.
(o) "Order of conditions" means an order directing a defendant to
comply with this prescribed treatment plan, or any other condition which
the court determines to be reasonably necessary or appropriate, and, in
addition, where a defendant is in custody of the commissioner, not to
leave the facility without authorization. In addition to such condi-
tions, when determined to be reasonably necessary or appropriate, an
order of conditions may be accompanied by a special order of conditions
set forth in a separate document requiring that the defendant: (i) stay
away from the home, school, business or place of employment of the
victim or victims, or of any witness designated by the court, of such
offense; or (ii) refrain from harassing, intimidating, threatening or
otherwise interfering with the victim or victims of the offense and such
members of the family or household of such victim or victims as shall be
specifically named by the court in such special order. An order of
conditions or special order of conditions shall be valid for five years
from the date of its issuance, except that, for good cause shown, the
court may extend the period for an additional five years.
(p) "District attorney" means the office which prosecuted the criminal
action resulting in the verdict or plea of [not] responsible [by reason
of] BUT FOR mental disease or defect.
(q) "Qualified psychiatrist" means a physician who (i) is a diplomate
of the American board of psychiatry and neurology or is eligible to be
certified by that board; or (ii) is certified by the American osteopath-
ic board of neurology and psychiatry or is eligible to be certified by
that board.
(r) "Licensed psychologist" means a person who is registered as a
psychologist under article one hundred fifty-three of the education law.
S. 8567 6
(s) "Psychiatric examiner" means a qualified psychiatrist or a
licensed psychologist who has been designated by the commissioner to
examine a defendant pursuant to this section, and such designee need not
be an employee of the department of mental hygiene.
2. Examination order; psychiatric examiners. Upon entry of a verdict
of [not] responsible [by reason of] BUT FOR mental disease or defect, or
upon the acceptance of a plea of [not] responsible [by reason of] BUT
FOR mental disease or defect, the court must immediately issue an exam-
ination order. Upon receipt of such order, the commissioner must desig-
nate two qualified psychiatric examiners to conduct the examination to
examine the defendant. In conducting their examination, the psychiatric
examiners may employ any method which is accepted by the medical profes-
sion for the examination of persons alleged to be suffering from a
dangerous mental disorder or to be mentally ill or having a develop-
mental disability. The court may authorize a psychiatrist or psychol-
ogist 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 thereafter
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] BUT FOR mental disease or defect in the case,
or prior to the acceptance of a plea of [not] responsible [by reason of]
BUT FOR mental disease or defect in the case.
2-a. Firearm, rifle or shotgun surrender order. Upon entry of a
verdict of [not] responsible [by reason of] BUT FOR mental disease or
defect, or upon the acceptance of a plea of [not] responsible [by reason
of] BUT FOR mental disease or defect, or upon a finding that the defend-
ant is an incapacitated person pursuant to article seven hundred thirty
of this chapter, the court shall revoke the defendant's firearm license,
if any, inquire of the defendant as to the existence and location of any
firearm, rifle or shotgun owned or possessed by such defendant and
direct the surrender of such firearm, rifle or shotgun pursuant to
subparagraph (f) of paragraph one of subdivision a of section 265.20 and
subdivision six of section 400.05 of the penal law.
3. Examination order; place of examination. Upon issuing an examina-
tion order, the court must, except as otherwise provided in this subdi-
vision, direct that the defendant be committed to a secure facility
designated by the commissioner as the place for such psychiatric exam-
ination. The sheriff must hold the defendant in custody pending such
designation by the commissioner, and when notified of the designation,
the sheriff must promptly deliver the defendant to such secure facility.
[When the defendant is not in custody at the time of such verdict or
plea, because he was previously released on bail or on his own recogni-
zance, the court, in its discretion, may direct that such examination be
conducted on an out-patient basis, and at such time and place as the
commissioner shall designate. If, however, the commissioner informs the
court that confinement of the defendant is necessary for an effective
examination, the court must direct that the defendant be confined in a
facility designated by the commissioner until the examination is
completed.]
4. Examination order, duration. Confinement in a secure facility
pursuant to an examination order shall be for a period not exceeding
thirty days, except that, upon application of the commissioner, the
court may authorize confinement for an additional period not exceeding
S. 8567 7
thirty days when a longer period is necessary to complete the examina-
tion. If the initial hearing required by subdivision six of this section
has not commenced prior to the termination of such examination period,
the commissioner shall retain custody of the defendant in such secure
facility until custody is transferred to the sheriff in the manner
prescribed in subdivision six of this section. During the period of such
confinement, the physician in charge of the facility may administer or
cause to be administered to the defendant such emergency psychiatric,
medical or other therapeutic treatment as in [his] SUCH PHYSICIAN'S
judgment should be administered. [If the court has directed that the
examination be conducted on an out-patient basis, the examination shall
be completed within thirty days after the defendant has first reported
to the place designated by the commissioner, except that, upon applica-
tion of the commissioner, the court may extend such period for a reason-
able time if a longer period is necessary to complete the examination.]
5. Examination order; reports. After [he] A PSYCHIATRIC EXAMINER has
completed [his] THEIR 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. If the psychiatric examiners differ in their
opinion as to whether the defendant is mentally ill or is suffering from
a dangerous mental disorder, the commissioner must designate another
psychiatric examiner to examine the defendant. Upon receipt of the exam-
ination 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 additional psychiatric examiners pursuant to subdivision [fifteen]
FOURTEEN 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 AND THE PERIOD OF COMMITMENT TO BE IMPOSED. If the
defendant is in the custody of the commissioner pursuant to an examina-
tion 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 designated by the commis-
sioner 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 or is mentally ill. If the court finds that
the defendant has a dangerous mental disorder, it must issue a commit-
ment order. If the court finds that the defendant does not have a
dangerous mental disorder but is mentally ill, the provisions of subdi-
vision seven of this section shall apply.] AFTER REVIEWING THE EXAMINA-
TION REPORTS SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION AND
GIVING THE DISTRICT ATTORNEY AND COUNSEL FOR THE DEFENDANT, AS WELL AS
ANY VICTIM IN THE UNDERLYING CRIMINAL PROCEEDING, THE OPPORTUNITY TO BE
HEARD REGARDING THE LENGTH OF COMMITMENT, THE COURT MUST IMPOSE A MINI-
MUM PERIOD OF COMMITMENT AND A MAXIMUM PERIOD OF COMMITMENT PURSUANT TO
SECTION 60.38 OF THE PENAL LAW.
7. [Initial hearing civil commitment and order of conditions. If, at
the conclusion of the initial hearing conducted pursuant to subdivision
S. 8567 8
six of this section, the court finds that the defendant is mentally ill
but does not have a dangerous mental disorder, the provisions of arti-
cles 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, the court must issue an order of condi-
tions 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 and is not mentally ill, the
court must discharge the defendant either unconditionally or subject to
an order of conditions.
7-a.] Whenever the court issues a special order of conditions pursuant
to this section, the commissioner shall make reasonable efforts to noti-
fy the victim or victims or the designated witness or witnesses that a
special order of conditions containing such provisions has been issued,
unless such victim or witness has requested that such notice should not
be provided.
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 MINIMUM 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 defend-
ant, counsel for the defendant, and the mental hygiene legal service.
Upon receipt of such application, the court [may, on its own motion,]
SHALL conduct a hearing to determine whether the defendant has a danger-
ous mental disorder[, 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] AND WHETHER
THE DEFENDANT'S RELEASE WOULD POSE A RISK TO THE SAFETY OF ANOTHER
PERSON OR THE COMMUNITY. 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 or is mentally
ill AND THAT THE DEFENDANT'S RELEASE WOULD POSE A RISK TO THE SAFETY OF
ANOTHER PERSON OR THE COMMUNITY. 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 defend-
ant has a dangerous mental disorder OR IS MENTALLY ILL AND POSES A RISK
TO THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY, it must issue a first
retention order. If the court finds that the defendant is mentally ill
but does not have a dangerous mental disorder AND DOES NOT POSE A RISK
TO THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY, 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 court finds that the
defendant does not have a dangerous mental disorder and is not mentally
ill, it 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
S. 8567 9
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, the court [may,
on its own motion,] MUST conduct a hearing to determine whether the
defendant has a dangerous mental disorder[, 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] AND WHETHER THE DEFENDANT'S RELEASE WOULD POSE A RISK TO
THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY. 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 or is mentally ill AND THAT THE DEFENDANT'S RELEASE WOULD POSE
A RISK TO THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY. The district
attorney shall be entitled to appear and present evidence at such hear-
ing. 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 OR IS
MENTALLY ILL AND POSES A RISK TO THE SAFETY OF ANOTHER PERSON OR THE
COMMUNITY, it must issue a second retention order. If the court finds
that the defendant is mentally ill but does not have a dangerous mental
disorder, it must issue a second retention order and, pursuant to subdi-
vision eleven of this section, a transfer order and an order of condi-
tions. If the court finds that the defendant does not have a dangerous
mental disorder and is not mentally ill, 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.
10. Furlough order. The commissioner may apply for a furlough order,
pursuant to this subdivision, when a defendant is in [his] SUCH COMMIS-
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 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 authorized 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
S. 8567 10
appropriate. If the defendant fails to return to the secure facility at
the time specified in the furlough order, then, for purposes of subdivi-
sion [nineteen] EIGHTEEN of this section, [he] SUCH DEFENDANT shall be
deemed to have escaped.
11. Transfer order and order of conditions. The commissioner may apply
for a transfer order, pursuant to this subdivision, when a defendant is
in [his] SUCH COMMISSIONER'S custody pursuant to a retention order or a
recommitment order, and the commissioner is of the view that the defend-
ant does not have a dangerous mental disorder or that, consistent with
the public safety and welfare of the community and the defendant, the
clinical condition of the defendant warrants [his] THEIR 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 commission-
er. The application for a transfer 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 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 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 that the defendant does not have a dangerous mental disorder, or
if the court finds that the issuance of a transfer order is consistent
with the public safety and welfare of the community and the defendant
and that the clinical condition 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 but does not have a dangerous mental disorder. Whenever a court
issues a transfer order it must also issue an order of conditions.
12. Release order and order of conditions. [The] AFTER THE DEFENDANT
HAS COMPLETED THE MINIMUM TERM OF COMMITMENT SET FORTH IN THE COMMITMENT
ORDER, THE commissioner may apply for a release order, pursuant to this
subdivision, when a defendant is in [his] SUCH COMMISSIONER'S custody
pursuant to a retention order or recommitment order, and the commission-
er is of the view that the defendant no longer has a dangerous mental
disorder [and], is no longer mentally ill, AND NO LONGER POSES A RISK TO
THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY. 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 treat-
ment 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 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
S. 8567 11
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, OR POSES A RISK TO THE SAFETY OF ANOTHER
PERSON OR THE COMMUNITY. 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 and is not mentally ill. 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 conditions 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 neces-
sary or appropriate. It shall be the responsibility of the commissioner
to determine that such defendant 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. WHERE THE DEFENDANT HAS BEEN
COMMITTED TO THE CUSTODY OF THE COMMISSIONER UNTIL THE EXPIRATION OF THE
MAXIMUM TERM SET FORTH IN THE COMMITMENT ORDER, THE DEFENDANT MUST BE
RELEASED UNLESS THE COURT DETERMINES THAT THE DEFENDANT CONTINUES TO
HAVE A DANGEROUS MENTAL ILLNESS OR A MENTAL ILLNESS AND POSES A RISK TO
THE SAFETY OF ANOTHER PERSON OR THE COMMUNITY. WHERE THE COURT MAKES
SUCH A DETERMINATION, THE COURT MUST REFER THE MATTER TO THE APPROPRIATE
SUPREME COURT FOR A PROCEEDING PURSUANT TO ARTICLE NINE OF THE MENTAL
HYGIENE LAW.
13. [Discharge order. The commissioner may apply for a discharge
order, pursuant to this subdivision, when a defendant has been contin-
uously 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 has a dangerous mental disorder and is no longer mentally ill 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 that the
defendant has been continuously on an out-patient status for three years
or more, that he does not have a dangerous mental disorder and is not
S. 8567 12
mentally ill, and that the issuance of the discharge order is consistent
with the public safety and welfare of the community and the defendant.
14.] Recommitment order. At any time during the period covered by an
order of conditions an application may be made by the commissioner or
the district attorney to the court that issued such order, or to a supe-
rior court in the county where the defendant is then residing, for a
recommitment order when the applicant is of the view that the defendant
has a dangerous mental disorder. The applicant must give written notice
of the application to the defendant, counsel for the defendant, and the
mental hygiene legal service, and if the applicant is the commissioner
[he] THEY must give such notice to the district attorney or if the
applicant is the district attorney [he] THEY must give such notice to
the commissioner. Upon receipt of such application the court must order
the defendant to appear before it for a hearing to determine if the
defendant has a dangerous mental disorder. Such order may be in the form
of a written notice, specifying the time and place of appearance, served
personally upon the defendant, or mailed to [his] SUCH DEFENDANT'S last
known address, as the court may direct. If the defendant fails to
appear in court as directed, the court may issue a warrant to an appro-
priate peace officer directing [him] THEM to take the defendant into
custody and bring [him] SUCH DEFENDANT before the court. In such circum-
stance, the court may direct that the defendant be confined in an appro-
priate institution located near the place where the court sits. The
court must conduct a hearing to determine whether the defendant has a
dangerous mental disorder. At such hearing, the applicant, whether [he]
THEY be the commissioner or the district attorney must establish to the
satisfaction of the court that the defendant has a dangerous mental
disorder. If the applicant is the commissioner, the district attorney
shall be entitled to appear and present evidence at such hearing; if the
applicant is the district attorney, the commissioner shall be entitled
to appear and present evidence at such hearing. If the court finds that
the defendant has a dangerous mental disorder, it must issue a recommit-
ment order. When a defendant is in the custody of the commissioner
pursuant to a recommitment order, the procedures set forth in subdivi-
sions eight and nine of this section for the issuance of retention
orders shall govern the application for and the issuance of a first
retention order, a second retention order, and subsequent retention
orders.
[15.] 14. Designation of psychiatric examiners. If, at any hearing
conducted under this section to determine the defendant's present mental
condition, the court is not satisfied with the findings of the psychiat-
ric 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 apply to the court for an
order directing that the defendant submit to an examination by a psychi-
atric examiner designated by the district attorney, and such psychiatric
examiner may testify at the hearing.
[16.] 15. Rehearing and review. Any defendant who is in the custody of
the commissioner pursuant to a commitment order, a retention order, or a
recommitment order, if dissatisfied with such order, may, within thirty
days after the making of such order, obtain a rehearing and review of
the proceedings and of such order in accordance with the provisions of
section 9.35 or 15.35 of the mental hygiene law.
S. 8567 13
[17.] 16. Rights of defendants. Subject to the limitations and
provisions of this section, a defendant committed to the custody of the
commissioner pursuant to this section shall have the rights granted to
patients under the mental hygiene law.
[18.] 17. Notwithstanding any other provision of law, no person
confined by reason of a commitment order, recommitment order or
retention order to a secure facility may be discharged or released
unless the commissioner shall deliver written notice, at least four days
excluding Saturdays, Sundays and holidays, in advance of such discharge
or release to all of the following:
(a) the district attorney.
(b) the police department having jurisdiction of the area to which the
defendant is to be discharged or released.
(c) any other person the court may designate.
The notices required by this subdivision shall be given by the facili-
ty staff physician who was treating the defendant or, if unavailable, by
the defendant's treatment team leader, but if neither is immediately
available, notice must be given by some other member of the clinical
staff of the facility. Such notice must be given by any means reasonably
calculated to give prompt actual notice.
[19.] 18. Escape from custody; notice requirements. If a defendant is
in the custody of the commissioner pursuant to an order issued under
this section, and such defendant escapes from custody, immediate notice
of such escape shall be given by the department facility staff to: (a)
the district attorney, (b) the superintendent of state police, (c) the
sheriff of the county where the escape occurred, (d) the police depart-
ment having jurisdiction of the area where the escape occurred, (e) any
person the facility staff believes to be in danger, and (f) any law
enforcement agency and any person the facility staff believes would be
able to apprise such endangered person that the defendant has escaped
from the facility. Such notice shall be given as soon as the facility
staff know that the defendant has escaped from the facility and shall
include such information as will adequately identify the defendant and
the person or persons believed to be in danger and the nature of the
danger. The notices required by this subdivision shall be given by the
facility staff physician who was treating the defendant or, if unavail-
able, by the defendant's treatment team leader, but if neither is imme-
diately available, notice must be given by some other member of the
clinical staff of the facility. Such notice must be given by any means
reasonably calculated to give prompt actual notice. The defendant may be
apprehended, restrained, transported to, and returned to the facility
from which [he] SUCH DEFENDANT escaped by any peace officer, and it
shall be the duty of the officer to assist any representative of the
commissioner to take the defendant into custody upon the request of such
representative.
[20.] 19. Required affidavit. No application may be made by the
commissioner under this section without an accompanying affidavit from
at least one psychiatric examiner supportive of relief requested in the
application, which affidavit shall be served on all parties entitled to
receive the notice of application. Such affidavit shall set forth the
defendant's clinical diagnosis, a detailed analysis of [his or her] SUCH
DEFENDANT'S mental condition which caused the psychiatric examiner to
formulate an opinion, and the opinion of the psychiatric examiner with
respect to the defendant. Any application submitted without the required
affidavit shall be dismissed by the court.
S. 8567 14
[21.] 20. Appeals. (a) A party to proceedings conducted in accordance
with the provisions of this section may take an appeal to an intermedi-
ate 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, order of conditions, or recom-
mitment order, for which [he] SUCH COMMISSIONER has not applied;
(ii) a defendant, or the mental hygiene legal service on [his or her]
SUCH DEFENDANT'S behalf, may appeal from any commitment order, retention
order, recommitment order, or, if the defendant has obtained a rehearing
and review of any such order pursuant to subdivision [sixteen] FIFTEEN
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
commitment order, retention order, or recommitment order may not subse-
quently obtain a rehearing and review of such order pursuant to subdivi-
sion [sixteen] FIFTEEN of this section;
(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] SUCH
DISTRICT ATTORNEY opposed.
(b) An aggrieved party may appeal from a final order of the intermedi-
ate appellate court to the court of appeals by permission of the inter-
mediate appellate court granted before application to the court of
appeals, or by permission of the court of appeals upon refusal by the
intermediate appellate court or upon direct application.
(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 a stay of the order appealed from must
be obtained in accordance with the provisions of paragraph (d) [hereof]
OF THIS SUBDIVISION.
(d) The court from or to which an appeal is taken may stay all
proceedings to enforce the order appealed from pending an appeal or
determination on a motion for permission to appeal, or may grant a
limited stay, except that only the court to which an appeal is taken may
vacate, limit, or modify a stay previously granted. If the order
appealed from is affirmed or modified, the stay shall continue for five
days after service upon the appellant of the order of affirmance or
modification with notice of its entry in the court to which the appeal
was taken. If a motion is made for permission to appeal from such an
order, before the expiration of the five days, the stay, or any other
stay granted pending determination of the motion for permission to
appeal, shall:
(i) if the motion is granted, continue until five days after the
appeal is determined; or
(ii) if the motion is denied, continue until five days after the
movant is served with the order of denial with notice of its entry.
[22.] 21. Any special order of conditions issued pursuant to subpara-
graph (i) or (ii) of paragraph (o) of subdivision one of this section
shall bear in a conspicuous manner the term "special order of condi-
tions" and a copy shall be filed by the clerk of the court with the
sheriff's office in the county in which anyone intended to be protected
by such special order resides, or, if anyone intended to be protected by
such special order resides within a city, with the police department of
such city. The absence of language specifying that the order is a
S. 8567 15
"special order of conditions" shall not affect the validity of such
order. A copy of such special order of conditions may from time to time
be filed by the clerk of the court with any other police department or
sheriff's office having jurisdiction of the residence, work place, or
school of anyone intended to be protected by such special order. A copy
of such special order may also be filed by anyone intended to be
protected by such provisions at the appropriate police department or
sheriff's office having jurisdiction. Any subsequent amendment or revo-
cation of such special order may be filed in the same manner as provided
in this subdivision. Such special order of conditions shall plainly
state the date that the order expires.
§ 7. Paragraph 3 of subdivision (g) of section 10.03 of the mental
hygiene law, as added by chapter 7 of the laws of 2007, is amended to
read as follows:
(3) A person charged with a sex offense who has been found [not]
responsible [by reason of] BUT FOR mental disease or defect for the
commission of that offense;
§ 8. Subdivision (d) of section 10.05 of the mental hygiene law, as
amended by chapter 363 of the laws of 2012, is amended to read as
follows:
(d) The commissioner shall be authorized to designate multidiscipli-
nary staff, including clinical and other professional personnel, to
provide a preliminary review of the need for detained sex offenders to
be evaluated under the procedures of this section. When the commissioner
receives notice pursuant to subdivision (b) of this section, such staff
shall review and assess relevant medical, clinical, criminal, and insti-
tutional records, actuarial risk assessment instruments and other
records and reports, including records of parole release interviews
where applicable, and records and reports provided by the district
attorney of the county where the person was convicted, or in the case of
persons determined to be incapacitated or [not] responsible [by reason
of] BUT FOR mental disease or defect, the county where the person was
charged. Upon such review and assessment, the staff shall determine
whether the person who is the subject of the notice should be referred
to a case review team for evaluation.
§ 9. Subdivision (j) of section 10.06 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(j) The respondent's commission of a sex offense shall be deemed
established and shall not be relitigated at the probable cause hearing,
whenever it appears that: (i) the respondent stands convicted of such
offense; (ii) the respondent previously has been found [not] responsible
[by reason of] BUT FOR mental disease or defect for the commission of
such offense or for an act or acts constituting such offense; or (iii)
the respondent was indicted for such offense by a grand jury but found
to be incompetent to stand trial for such offense. Whenever the petition
alleges the respondent's commission of a designated felony prior to the
effective date of this article, the issue of whether there is probable
cause to believe that the commission of such offense was sexually moti-
vated shall be determined by the court.
§ 10. Subdivision (c) of section 10.07 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:
(c) The provisions of subdivision (g) of section 10.08 of this article
and article forty-five of the civil practice law and rules shall be
applicable to trials conducted pursuant to this section. The jury may
hear evidence of the degree to which the respondent cooperated with the
psychiatric examination. If the court finds that the respondent refused
S. 8567 16
to submit to a psychiatric examination pursuant to this article, upon
request it shall so instruct the jury. The respondent's commission of a
sex offense shall be deemed established and shall not be relitigated at
the trial, whenever it is shown that: (i) the respondent stands
convicted of such offense; or (ii) the respondent previously has been
found [not] responsible [by reason of] BUT FOR mental disease or defect
for the commission of such offense or for an act or acts constituting
such offense. Whenever the petition alleges the respondent's commission
of a designated felony prior to the effective date of this article, the
issue of whether such offense was sexually motivated shall be determined
by the jury.
§ 11. Paragraphs 1 and 3 of subdivision (a) of section 67.08 of the
mental hygiene law, as added by chapter 306 of the laws of 2019, are
amended to read as follows:
(1) Such applicant has been committed to and placed in the custody of
the department upon a verdict of [not] responsible [by reason of] BUT
FOR mental disease or defect pursuant to section 330.20 of the criminal
procedure law;
(3) The transfer nation is either a "treaty nation" under the COE or
any other nation with which the United States has a prisoner transfer
treaty that permits the transfer of persons committed to psychiatric
institutions after a verdict of [not] responsible [by reason of] BUT FOR
mental disease or defect.
§ 12. The penal law is amended by adding a new section 60.38 to read
as follows:
§ 60.38 AUTHORIZED DISPOSITION; VERDICT OR PLEA OF RESPONSIBLE BUT FOR
MENTAL DISEASE OR DEFECT.
WHEN A PERSON IS TO BE SENTENCED UPON A VERDICT OR PLEA OF RESPONSIBLE
BUT FOR MENTAL DISEASE OR DEFECT, THE PROVISIONS OF SECTION 330.20 OF
THE CRIMINAL PROCEDURE LAW SHALL APPLY. WHEN A PERSON IS COMMITTED TO
THE CUSTODY OF THE COMMISSIONER OF MENTAL HEALTH PURSUANT TO SECTION
330.20 OF THE CRIMINAL PROCEDURE LAW FOR A FELONY OFFENSE, THEN THE
FOLLOWING MAXIMUM AND MINIMUM TERMS SHALL APPLY:
1. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS A FELONY FOR HOMICIDE,
THEN THE MAXIMUM TERM SHALL BE LIFE AND THE MINIMUM TERM SHALL BE
FIFTEEN TO TWENTY YEARS;
2. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS A FELONY OTHER THAN
HOMICIDE OR A DRUG RELATED OFFENSE, THEN THE MAXIMUM TERM SHALL BE
TWELVE TO FIFTEEN YEARS AND THE MINIMUM TERM SHALL BE FOUR TO SIX YEARS;
3. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS A FELONY FOR A DRUG
RELATED OFFENSE, THEN THE MAXIMUM TERM SHALL BE TEN YEARS AND THE MINI-
MUM TERM SHALL BE ONE THIRD OF THE MAXIMUM TERM IMPOSED OR ONE HALF OF
THE MAXIMUM TERM IMPOSED FOR A SECOND FELONY OFFENSE;
4. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS B FELONY, THEN THE
MAXIMUM TERM SHALL BE SEVEN TO TEN YEARS AND THE MINIMUM TERM SHALL BE
ONE THIRD OF THE MAXIMUM TERM IMPOSED OR ONE HALF OF THE MAXIMUM TERM
IMPOSED FOR A SECOND FELONY OFFENSE;
5. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS C FELONY, THEN THE
MAXIMUM TERM SHALL BE FIVE TO SEVEN YEARS AND THE MINIMUM TERM SHALL BE
ONE THIRD OF THE MAXIMUM TERM IMPOSED OR ONE HALF OF THE MAXIMUM TERM
IMPOSED FOR A SECOND FELONY OFFENSE;
6. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS D FELONY, THEN THE
MAXIMUM TERM SHALL BE TWO TO FOUR YEARS AND THE MINIMUM TERM SHALL BE
ONE THIRD OF THE MAXIMUM TERM IMPOSED OR ONE HALF OF THE MAXIMUM TERM
IMPOSED FOR A SECOND FELONY OFFENSE; AND
S. 8567 17
7. IF THE SENTENCE IS TO BE IMPOSED FOR A CLASS E FELONY, THEN THE
MAXIMUM TERM SHALL BE TWO YEARS AND THE MINIMUM TERM SHALL BE ONE THIRD
OF THE MAXIMUM TERM IMPOSED OR ONE HALF OF THE MAXIMUM TERM IMPOSED FOR
A SECOND FELONY OFFENSE.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, WHEN A PERSON WHO
IS COMMITTED TO THE CUSTODY OF THE COMMISSIONER OF MENTAL HEALTH PURSU-
ANT TO SECTION 330.20 OF THE CRIMINAL PROCEDURE LAW FOR A FELONY OFFENSE
HAS SERVED THE MAXIMUM SENTENCE PURSUANT TO THIS SECTION AND THE COURT
DETERMINES THAT SUCH PERSON CONTINUES TO HAVE A DANGEROUS MENTAL ILLNESS
OR A MENTAL ILLNESS AND POSES A RISK TO THE SAFETY OF ANOTHER PERSON OR
THE COMMUNITY, THE COURT MUST REFER THE MATTER TO THE APPROPRIATE
SUPREME COURT FOR A PROCEEDING PURSUANT TO ARTICLE NINE OF THE MENTAL
HYGIENE LAW IN ACCORDANCE WITH SECTION 330.20 OF THE CRIMINAL PROCEDURE
LAW.
§ 13. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.