New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.2 - Examination of defendants found not responsible for alleged criminal actions by reason of mental disease or defect

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon a verdict that a defendant is not
				responsible for alleged criminal conduct by reason of mental disease or defect,
				the court hearing the case will issue an examination order.
(b) The examination order will specify either
				that the defendant must be examined in a secure facility or that the defendant
				may be examined on an outpatient basis. The Director of the Bureau of Forensic
				Services, acting on behalf of the commissioner, will designate the facility at
				which the defendant will be examined.
(c) A defendant may be confined in a secure
				facility for the purpose of examination or examined on an outpatient basis for
				a period of up to 30 days. The 30-day period commences upon admission to the
				designated facility or upon the defendant's appearance for outpatient
				examination. In the event that the examination cannot be completed within 30
				days, the clinical director shall apply to the court for an extension of the
				examination period for an additional 30 days, on forms jointly approved by the
				Office of Court Administration and the Commissioner of Mental Health.
(d) During the period of examination,
				physicians at the facility may administer any necessary emergency medical or
				psychiatric treatment of a defendant in the custody of the commissioner
				pursuant to an examination order.
(e) Upon being advised by the Director of
				Forensic Services that a defendant subject to an examination order will be
				examined at his or her facility, the facility director shall designate two
				psychiatric examiners to examine the defendant and report to the court. The
				psychiatric examiners may be members of the Hospital Forensics
				Committee.
(f) Upon completion of
				their evaluation of the defendant, each psychiatric examiner shall submit a
				written report of his or her findings to the clinical director. If the reports
				disagree, the clinical director shall appoint a third psychiatric examiner to
				examine the defendant.
(g) Upon
				receipt of all examination reports, the clinical director shall submit the
				reports to the court that issued the examination order, in the form jointly
				adopted by the commissioner and the Office of Court Administration. A copy of
				all forms and examination reports shall be sent to the director of the Bureau
				of Forensic Services.
(h) Upon
				receipt of the reports of the psychiatric examiners, the court may appoint
				additional psychiatric examiners. If this occurs, the additional psychiatric
				examiners shall be given free access to the defendant and all clinical records
				pertaining to the defendant.
(i)
				After receipt of all examination reports, the court that issued the examination
				order will conduct a hearing, at which the psychiatric examiners may be asked
				to testify, to determine whether the defendant has a dangerous mental disorder,
				is mentally ill and in need of care and treatment in a psychiatric center, or
				is not mentally ill and may be discharged, unconditionally or subject to an
				order of conditions.
(j) If the
				court finds after hearing that the defendant has a dangerous mental disorder,
				it shall commit the defendant to the custody of the Commissioner of Mental
				Health for confinement in a secure facility for care and treatment for a period
				of six months from the date of the order. The director of the Bureau of
				Forensic Services shall designate the secure facility.
(k) If the court finds after hearing that the
				defendant is mentally ill but does not have a dangerous mental disorder, it
				shall issue an order of conditions and an order committing the defendant to the
				custody of the Commissioner of Mental Health or the Commissioner of Mental
				Retardation and Developmental Disabilities for care and treatment as a civil
				patient pursuant to article 9 or article 15 of the Mental Hygiene
				Law.
(l) If the court finds after
				hearing that the defendant does not have a dangerous mental disorder and is not
				mentally ill, it shall discharge the defendant either unconditionally or
				subject to an order of conditions.