BILL NUMBER: S8567
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the criminal procedure law, the mental hygiene law and
the penal law, in relation to persons who enter a plea or are found
responsible but for mental disease or defect
 
PURPOSE:
To redefine criminal culpability in cases involving mental disease or
defect, replacing the current standard of "not responsible by reason of
mental disease or defect" with "responsible but for mental disease or
defect," thereby aligning statutory language with a modern understanding
of accountability and treatment.
 
SUMMARY OF PROVISIONS:
This bill amends multiple sections of the Criminal Procedure Law (CPL),
the Mental Hygiene Law (MHL), and the Penal Law to replace references to
"not responsible by reason of mental disease or defect" with "responsi-
ble but for mental disease or defect." Key provisions include:
Authorizing courts to accept pleas of "responsible but for mental
disease or defect" (§§ 220.10, 220.15, CPL).
Revising post-verdict procedures (§ 330.20, CPL) to provide defined
minimum and maximum confinement terms within the custody of the Commis-
sioner of Mental Health, and allows persons who are sentenced within
this parameter to be remanded and treated at secure facilities to
receive proper medical and mental health treatment.
Amending the Mental Hygiene Law to reflect the new terminology in
sections governing sex offender evaluations and transfers.
Establishing a new Penal Law section (§ 60.38) setting sentencing param-
eters for defendants found "responsible but for mental disease or
defect," including class-based minimum and maximum terms and referral to
civil commitment if danger persists after sentence completion.
 
EXISTING LAW:
N/A.
 
JUSTIFICATION:
This legislation modernizes New York's approach to the intersection of
mental health and criminal responsibility. The current "not responsible"
standard dates back decades and is often misunderstood as absolving
individuals entirely of accountability. By shifting to "responsible but
for mental disease or defect," the bill clarifies that such individuals
committed the acts in question but did so under conditions of impaired
mental capacity.
This reframing promotes transparency, public confidence, and a balanced
approach to justice-acknowledging both the need for treatment and the
public interest in accountability. The bill also provides structured
sentencing parameters and maintains judicial discretion to impose civil
commitment for those who remain a danger after serving their terms.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8567: 220.10 criminal procedure law, 220.10(6) criminal procedure law, 330.10 criminal procedure law, 330.10(2) criminal procedure law, 10.03 mental hygiene law, 10.05 mental hygiene law, 10.06 mental hygiene law, 10.07 mental hygiene law