BILL NUMBER: S3378
SPONSOR: GRIFFO
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to retention of
custody of persons found not guilty by reason of mental disease or
defect
PURPOSE:
Directs court to establish a period of commitment for persons found not
responsible by reason of mental disease or defect.
SUMMARY OF PROVISIONS:
Amends Section 330.20 of the criminal procedure law to add language
throughout the necessary subdivisions to create a sentence; examination
order which would require upon entry of a verdict of not responsible by
reason of mental disease or defect, or upon the acceptance of a plea of
not responsible by reason of mental disease or defect, the court must
impose a period of confinement in the custody of the commissioner which
is equal to the sentence of imprisonment such defendant would have
received pursuant to article seventy of the penal law, upon conviction
of the crime which he or she was charged with and issue an examination
order.
In addition, under subdivision 6, under the issuance of such commitment
order for the term of period of confinement imposed, pursuant to para-
graph (a) of subdivision two of this section, and to such a secure
facility as shall be suitable for a mentally ill person or a person with
a dangerous mental disorder based upon the examination reports.
JUSTIFICATION:
This bill would amend the procedure following the verdict of Not Guilty
by Reason of Mental Disease or Defect. The bill would impose a period of
confinement in a mental health facility for the defendant that would be
equal to the sentence of imprisonment for which they would have served
in a penal facility had they been found guilty of the crime with which
they had been charged.
The longer confinement would be beneficial for both the defendant and
for the community at large. The defendant would have more time in the
mental health facility where they are guaranteed treatment for their
disease as well as having more time to gain skills to help them manage
their disease once released and cope with any guilt associated with the
crime(s) committed when found not guilty by reason of mental disease or
defect.
When treatment for mental illness is administered, studies show dramatic
drops in rates of suicide, homelessness, violence and future incarcera-
tion or hospitalization. This bill would also allow peace of mind for
those victims or families of victims knowing that this person will be in
a hospital receiving treatment for a significant amount of time and not
able to harm them or their family in the near future.
High profile cases like those of John Hinckley, Jr. who attempted to
assassinate President Ronald Reagan and Jared Lee Loughner of Arizona,
who in 2011 shot and killed six people, including a 9-year-old girl and
a federal judge while wounding 13 others including Congresswoman Gabr-
ielle Giffords, demonstrate the need to make sure these dangerous indi-
viduals are confined whether it be in a penal or mental health facility
for a determined period of time.
Once the individual has been confined for the determined period if they
are assessed to be "healthy" by mental health professionals and experts,
they would be able to go through the process of being released from such
mental health facility. However, should they still be perceived to be a
danger to themselves or others even after the period of determined
confinement is reached the state shall follow necessary procedures to
have such person civilly confined for their safety and that of the
community.
LEGISLATIVE HISTORY:
2023-24-S.1927 - Codes Committee
2021-22- S. 4260 - Codes Committee
2019-20 - S. 3853/A. 5465 - Codes Committee
2017-18 - S. 2731/A. 4409 Codes Committee
2015-16 - S. 1709/A. 1617 - Codes Committee
2013-14 - S. 3674/A. 5825 - Codes Committee
2011-12 S. 5589/A. 9671 Codes Committee
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to criminal
offenses committed on or after such date.