2023 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 › 730.10 - Fitness to Proceed; Definitions.

§ 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.