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Narrative of Resolution:titleend
To support the Senate and Assembly's Competency Restoration.
If Resolution requires expenditure of County Funds, provide the following information:
Amount to be authorized by Resolution: $0
Are funds already budgeted? No
Specify Compliance with Procurement Procedures:
RESOLUTION INTRODUCED BY HEALTH & HUMAN SERVICES COMMITTEE CALLING ON MEMBERS OF THE NEW YORK STATE SENATE AND
ASSEMBLY TO REFORM THE STATE'S COMPETENCY RESTORATION PROCESS AND SUPPORT THE PASSAGE OF S.1874 (BROUK) / A. 5064 (GUNTHER) IN THE 2024 LEGISLATIVE SESSION
WHEREAS, section ? 730 of the Criminal Procedure Law (CPL) provides that defendants charged with felonies who are mentally ill and/or developmentally disabled and who are determined by a court to be unable to understand the charges against them or participate in their own defense (often called "730's") are sent to New York State-operated forensic hospitals solely for the purpose of trying to restore them to competency so they can stand trial; and
WHEREAS, the origin of CPL ? 730 dates back over five decades to the laws of 1970, and parts of it have been declared to be unconstitutional; and
WHEREAS, competency restoration provides necessary medications but primarily provides services such as courtroom training to familiarize the defendant with courtroom procedures so they can participate in their trial; and
WHEREAS, many judges incorrectly believe that by ordering a 730 commitment, they are helping the mentally ill or developmentally disabled person to get treatment; and
WHEREAS, in the cases for which restoration is appropriate, most defendants can generally be restored wit...
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