N.Y. CPL Law § 730.20 — New York Code / Act CPL / Part 3 / Title U / Article 730 / Section 730.20
Fitness to proceed; generally
Status: in_force

§ 730.20  Fitness to proceed; generally.\n  1.  The appropriate director to whom a criminal court issues an order\nof examination must be determined in accordance with rules jointly\nadopted by the judicial conference and the commissioner.  Upon receipt\nof an examination order, the director must designate two qualified\npsychiatric examiners, of whom he may be one, to examine the defendant\nto determine if he is an incapacitated person. In conducting their\nexamination, the psychiatric examiners may employ any method which is\naccepted by the medical profession for the examination of persons\nalleged to be mentally ill or mentally defective.  The court may\nauthorize a psychiatrist or psychologist retained by the defendant to be\npresent at such examination.\n  2.  When the defendant is not in custody at the time a court issues an\norder of examination, because he was theretofore released on bail or on\nhis own recognizance, the court may direct that the examination be\nconducted on an out-patient basis, and at such time and place as the\ndirector shall designate.  If, however, the director informs the court\nthat hospital confinement of the defendant is necessary for an effective\nexamination, the court may direct that the defendant be confined in a\nhospital designated by the director until the examination is completed.\n  3.  When the defendant is in custody at the time a court issues an\norder of examination, the examination must be conducted at the place\nwhere the defendant is being held in custody.  If, however, the director\ndetermines that hospital confinement of the defendant is necessary for\nan effective examination, the sheriff must deliver the defendant to a\nhospital designated by the director and hold him in custody therein,\nunder sufficient guard, until the examination is completed.\n  4.  Hospital confinement under subdivisions two and three shall be for\na period not exceeding thirty days, except that, upon application of the\ndirector, the court may authorize confinement for an additional period\nnot exceeding thirty days if it is satisfied that a longer period is\nnecessary to complete the examination.  During the period of hospital\nconfinement, the physician in charge of the hospital may administer or\ncause to be administered to the defendant such emergency psychiatric,\nmedical or other therapeutic treatment as in his judgment should be\nadministered.\n  5.  Each psychiatric examiner, after he has completed his examination\nof the defendant, must promptly prepare an examination report and submit\nit to the director.  If the psychiatric examiners are not unanimous in\ntheir opinion as to whether the defendant is or is not an incapacitated\nperson, the director must designate another qualified psychiatric\nexaminer to examine the defendant to determine if he is an incapacitated\nperson.  Upon receipt of the examination reports, the director must\nsubmit them to the court that issued the order of examination.  The\ncourt must furnish a copy of the reports to counsel for the defendant\nand to the district attorney.\n  6.  When a defendant is subjected to examination pursuant to an order\nissued by a criminal court in accordance with this article, any\nstatement made by him for the purpose of the examination or treatment\nshall be inadmissible in evidence against him in any criminal action on\nany issue other than that of his mental condition, but such statement is\nadmissible upon that issue whether or not it would otherwise be deemed a\nprivileged communication.\n  7.  A psychiatric examiner is entitled to his reasonable traveling\nexpenses, a fee of fifty dollars for each examination of a defendant and\na fee of fifty dollars for each appearance at a court hearing or trial\nbut not exceeding two hundred dollars in fees for examination and\ntestimony in any one case; except that if such psychiatric examiner be\nan employee of the state of New York he shall be entitled only to\nreasonable traveling expenses, unless such psychiatric examiner makes\nthe examination or appears at a court hearing or trial outside his hours\nof state employment in a county in which the director of community\nmental health services certifies to the fiscal officer thereof that\nthere is a shortage of qualified psychiatrists available to conduct\nexaminations under the criminal procedure law in such county, in which\nevent he shall be entitled to the foregoing fees and reasonable\ntraveling expenses.  Such fees and traveling expenses and the costs of\nsending a defendant to another place of detention or to a hospital for\nexamination, of his maintenance therein and of returning him shall, when\napproved by the court, be a charge of the county in which the defendant\nis being tried.\n