BILL NUMBER: S10309
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to a statewide
competency restoration workgroup; and providing for the repeal of such
provisions upon the expiration thereof
 
SUMMARY OF PROVISIONS:
Section 1 amends the mental hygiene law by adding a new Section to
establish a statewide Competency Restoration Work Group.
The commissioner of the office of mental health and the commissioner of
the office for people with developmental disabilities shall convene the
Statewide Competency Restoration Workgroup which shall consist of nine-
teen members who may appoint a designee.
The workgroup shall produce a report to improve the efficiency and
effectiveness of the competency restoration process including recommen-
dations on how to: (a) reduce the number of defendants in restoration
services and their length of stay; (b) lower the recidivism rate for
individuals discharged from restoration services; (c) evaluate the
effectiveness of competency curriculums and restoration programs; (d)
recommend reforms to improve efficiency and effectiveness; (e) expand
treatment options such as outpatient and community-based programs or
tailored curriculums; (f) assess trends in the number of defendants
ordered into restoration and recommend necessary reforms; (g) improve
coordination among state and local agencies, law enforcement, district
attorneys, and courts; (h) and review funding models to ensure proper
allocation between county and state.
 
JUSTIFICATION:
When a person is deemed incompetent to stand trial, legal proceedings
are paused, and the person is sent to state hospitals to restore compe-
tency. This workgroup is needed to determine the best practices for
competency restoration in New York State. As it currently stands, compe-
tency restoration is not serving this population of New York State
adequately and is creating a significant burden on our courts, state
hospitals, and jails.
Judges frequently mistake competency restoration for mental health
treatment though these are two distinct services. People mandated to
competency restoration services often spend longer times in jail during
this restoration than the sentence for their crime would have been,
creating longer sentences, higher levels of incarceration, and exacer-
bating the symptoms that caused the incompetency determination in the
first place.
Disability advocates argue these excessive restoration periods violate
the Americans with Disabilities Act. Additionally, per diem costs for
competency restoration are extremely high at approximately $1,300 per
day, and this cost must be shouldered by the county when services are
given in a state-run hospital. This diverts hundreds of millions of
dollars from local behavioral health care services which are so crit-
ically needed. In a moment when county and state budgets are stretched
thin, these funds must be returned to their appropriate usage as invest-
ment in local mental health services and community incarceration diver-
sion programs.
Best practices for improving New York State's competency restoration
include gathering a diverse group of stakeholders to analyze the current
functioning and draft improvements in efficiency and effectiveness
through this workgroup. Engaging with workgroup members across the State
and areas of expertise will foster creation of a competency restoration
process better suited to meet each community's needs.
 
FISCAL IMPACT ON THE STATE:
To be determined.
 
LEGISLATIVE HISTORY:
none.
 
EFFECTIVE DATE:
This act would take effect immediately.