§ 730.10 Fitness to proceed; definitions.

As used in this article, the following terms have the following
meanings:

1. "Incapacitated person" means a defendant who as a result of mental
disease or defect lacks capacity to understand the proceedings against
him or to assist in his own defense.

2. "Order of examination" means an order issued to an appropriate
director by a criminal court wherein a criminal action is pending
against a defendant or by a court evaluating the capacity of an alleged
violator in a parole revocation proceeding pursuant to subparagraph
(xii) of paragraph (f) of subdivision three of section two hundred
fifty-nine-i of the executive law, or by a family court pursuant to
section 322.1 of the family court act wherein a juvenile delinquency
proceeding is pending against a juvenile, directing that such person be
examined for the purpose of determining if he is an incapacitated
person.

3. "Commissioner" means the state commissioner of mental health or the
state commissioner of the office for people with developmental
disabilities.

4. "Director" means (a) the director of a state hospital operated by
the office of mental health or the director of a developmental center
operated by the office for people with developmental disabilities, or
(b) the director of a hospital operated by any local government of the
state that has been certified by the commissioner as having adequate
facilities to examine a defendant to determine if he is an incapacitated
person, or (c) the director of community mental health services.

5. "Qualified psychiatrist" means a physician who:

(a) is a diplomate of the American board of psychiatry and neurology
or is eligible to be certified by that board; or,

(b) is certified by the American osteopathic board of neurology and
psychiatry or is eligible to be certified by that board.

6. "Certified psychologist" means a person who is registered as a
certified psychologist under article one hundred fifty-three of the
education law.

7. "Psychiatric examiner" means a qualified psychiatrist or a
certified psychologist who has been designated by a director to examine
a defendant pursuant to an order of examination.

8. "Examination report" means a report made by a psychiatric examiner
wherein he sets forth his opinion as to whether the defendant is or is
not an incapacitated person, the nature and extent of his examination
and, if he finds that the defendant is an incapacitated person, his
diagnosis and prognosis and a detailed statement of the reasons for his
opinion by making particular reference to those aspects of the
proceedings wherein the defendant lacks capacity to understand or to
assist in his own defense. The state administrator and the commissioner
must jointly adopt the form of the examination report; and the state
administrator shall prescribe the number of copies thereof that must be
submitted to the court by the director.

9. "Appropriate institution" means: (a) a hospital operated by the
office of mental health or a developmental center operated by the office
for people with developmental disabilities; or (b) a hospital licensed
by the department of health which operates a psychiatric unit licensed
by the office of mental health, as determined by the commissioner
provided, however, that any such hospital that is not operated by the
state shall qualify as an "appropriate institution" only pursuant to the
terms of an agreement between the commissioner and the hospital. Nothing
in this article shall be construed as requiring a hospital to consent to
providing care and treatment to an incapacitated person at such
hospital.