NY Crim Pro L § 730.20 (2021)
2021 New York Laws CPL - Criminal Procedure Part 3 - Special Proceedings and Miscellaneous Procedures Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions Article 730 - Mental Disease or Defect Excluding Fitness to Proceed 730.20 - Fitness to Proceed; Generally.

§ 730.20  Fitness to proceed; generally.1.   The appropriate director to whom a criminal court issues an order   of examination must be  determined  in  accordance  with  rules  jointly   adopted  by  the judicial conference and the commissioner.  Upon receipt   of an examination order,  the  director  must  designate  two  qualified   psychiatric  examiners,  of whom he may be one, to examine the defendant   to determine if he is  an  incapacitated  person.  In  conducting  their   examination,  the  psychiatric  examiners may employ any method which is   accepted by the  medical  profession  for  the  examination  of  persons   alleged  to  be  mentally  ill  or  mentally  defective.   The court may   authorize a psychiatrist or psychologist retained by the defendant to be   present at such examination.2.  When the defendant is not in custody at the time a court issues an   order of examination, because he was theretofore released on bail or  on   his  own  recognizance,  the  court  may  direct that the examination be   conducted on an out-patient basis, and at such time  and  place  as  the   director  shall designate.   If, however, the director informs the court   that hospital confinement of the defendant is necessary for an effective   examination, the court may direct that the defendant be  confined  in  a   hospital designated by the director until the examination is completed.3.    When  the  defendant is in custody at the time a court issues an   order of examination, the examination must be  conducted  at  the  place   where the defendant is being held in custody.  If, however, the director   determines  that  hospital confinement of the defendant is necessary for   an effective examination, the sheriff must deliver the  defendant  to  a   hospital  designated  by  the  director and hold him in custody therein,   under sufficient guard, until the examination is completed.4.  Hospital confinement under subdivisions two and three shall be for   a period not exceeding thirty days, except that, upon application of the   director, the court may authorize confinement for an  additional  period   not  exceeding  thirty  days  if it is satisfied that a longer period is   necessary to complete the examination.   During the period  of  hospital   confinement,  the  physician in charge of the hospital may administer or   cause to be administered to the defendant  such  emergency  psychiatric,   medical  or  other  therapeutic  treatment  as in his judgment should be   administered.5.  Each psychiatric examiner, after he has completed his  examination   of the defendant, must promptly prepare an examination report and submit   it  to  the director.  If the psychiatric examiners are not unanimous in   their opinion as to whether the defendant is or is not an  incapacitated   person,  the  director  must  designate  another  qualified  psychiatric   examiner to examine the defendant to determine if he is an incapacitated   person.   Upon receipt of the examination  reports,  the  director  must   submit  them  to  the  court  that issued the order of examination.  The   court must furnish a copy of the reports to counsel  for  the  defendant   and to the district attorney.6.   When a defendant is subjected to examination pursuant to an order   issued by  a  criminal  court  in  accordance  with  this  article,  any   statement  made  by  him for the purpose of the examination or treatment   shall be inadmissible in evidence against him in any criminal action  on   any issue other than that of his mental condition, but such statement is   admissible upon that issue whether or not it would otherwise be deemed a   privileged communication.7.    A  psychiatric  examiner is entitled to his reasonable traveling   expenses, a fee of fifty dollars for each examination of a defendant and   a fee of fifty dollars for each appearance at a court hearing  or  trial   but  not  exceeding  two  hundred  dollars  in  fees for examination and   testimony in any one case; except that if such psychiatric  examiner  be    an  employee  of  the  state  of  New  York he shall be entitled only to   reasonable traveling expenses, unless such  psychiatric  examiner  makes   the examination or appears at a court hearing or trial outside his hours   of  state  employment  in  a  county  in which the director of community   mental health services certifies to  the  fiscal  officer  thereof  that   there  is  a  shortage  of  qualified psychiatrists available to conduct   examinations under the criminal procedure law in such county,  in  which   event  he  shall  be  entitled  to  the  foregoing  fees  and reasonable   traveling expenses.  Such fees and traveling expenses and the  costs  of   sending  a  defendant to another place of detention or to a hospital for   examination, of his maintenance therein and of returning him shall, when   approved by the court, be a charge of the county in which the  defendant   is being tried.