Senate Bill S8813

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8813
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law and the mental  hygiene  law,
   in relation to cases terminated due to mental disease or defect and to
   establishing reporting obligations regarding such cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 730.40 of the  criminal  procedure
 law,  as amended by a chapter of the laws of 2025, amending the criminal
 procedure law relating to cases terminated  due  to  mental  disease  or
 defect,  as  proposed  in  legislative  bills  numbers  S. 1744-A and A.
 2440-A, is amended to read as follows:
   2. (a)[(1)] When a local criminal court has issued a  final  order  of
 observation, it must:
   [(A)] (1) order the APPROPRIATE institution [in which the defendant is
 confined  to  make  a  single point of access referral for the defendant
 with the appropriate agency closest to the defendant's last known county
 of residence prior to  discharge]  DESIGNATED  BY  THE  COMMISSIONER  TO
 PROVIDE  FOR  DISCHARGE PLANNING PURSUANT TO SUBDIVISIONS (F) AND (G) OF
 SECTION 29.15 OF THE MENTAL HYGIENE  LAW,  IF  APPLICABLE,  WHICH  SHALL
 INCLUDE  REFERRALS  TO  THE  SINGLE  POINT OF ACCESS OR OTHER OUTPATIENT
 PROVIDERS, PROVIDED SUCH REFERRALS ARE CLINICALLY INDICATED. NOTHING  IN
 THIS  SUBPARAGRAPH  SHALL BE CONSTRUED TO REQUIRE A REFERRAL TO SERVICES
 FOR WHICH THE DEFENDANT IS NOT ELIGIBLE OR WHERE OTHERWISE PROHIBITED BY
 LAW, INCLUDING WHERE PATIENT  CONSENT  IS  REQUIRED  AND  HAS  NOT  BEEN
 PROVIDED; and
   [(B)]  (2)  dismiss  the  accusatory  instrument  filed  in such court
 against the defendant and  such  dismissal  constitutes  a  bar  to  any
 further prosecution of the charge or charges contained in such accusato-
 ry instrument.
   [(2) Each appropriate institution shall maintain records compiling all
 discharge planning and single point of access referrals completed pursu-
 ant to subparagraph one of this paragraph and submit de-identified bian-

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

 S. 8813                             2

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