Bill Text: NY A10664 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to orders of observation for the purpose of determining incapacitation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-10-03 - approval memo.18 [A10664 Detail]

Download: New_York-2011-A10664-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10664
                                 I N  A S S E M B L Y
                                     June 13, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weinstein)
         -- read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in  relation  to  orders  of
         observation for the purpose of determining incapacitation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Subdivision 2 of section 730.40 of the criminal  procedure
    2  law is amended to read as follows:
    3    2.  When  a  local criminal court has issued a final order of observa-
    4  tion, it must dismiss the accusatory  instrument  filed  in  such  court
    5  against  the  defendant  and  such  dismissal  constitutes  a bar to any
    6  further prosecution of the charge or charges contained in such accusato-
    7  ry instrument.  WHEN THE DEFENDANT IS IN THE CUSTODY OF THE COMMISSIONER
    8  PURSUANT TO A FINAL ORDER OF OBSERVATION THE  COMMISSIONER  MUST,  IMME-
    9  DIATELY  UPON THE DISCHARGE OF THE DEFENDANT, CERTIFY TO SUCH COURT THAT
   10  HE OR SHE HAS COMPLIED WITH THE NOTICE PROVISIONS SET FORTH IN  SUBDIVI-
   11  SION SIX OF SECTION 730.60 OF THIS ARTICLE. When the defendant is in the
   12  custody  of  the commissioner at the expiration of the period prescribed
   13  in a temporary order of observation, the proceedings in the local crimi-
   14  nal court that issued such order shall terminate for  all  purposes  and
   15  the  commissioner  must promptly certify to such court and to the appro-
   16  priate district attorney that the defendant was in his OR HER custody on
   17  such expiration date. Upon receipt of such certification, the court must
   18  dismiss the felony complaint filed against the defendant.
   19    S 2. Paragraph (a) of subdivision 6 of section 730.60 of the  criminal
   20  procedure  law,  as  added  by  chapter 549 of the laws of 1980, and the
   21  opening paragraph as amended by chapter 440 of  the  laws  of  1987,  is
   22  amended to read as follows:
   23    (a) Notwithstanding any other provision of law, no person committed to
   24  the custody of the commissioner pursuant to this article, or continuous-
   25  ly thereafter retained in such custody, shall be discharged, released on
   26  condition  or placed in any less secure facility or on any less restric-
   27  tive status, including, but not  limited  to  vacations,  furloughs  and
   28  temporary  passes, unless the commissioner shall deliver written notice,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14006-03-2
       A. 10664                            2
    1  at least four  days,  excluding  Saturdays,  Sundays  and  holidays,  in
    2  advance  of the change of such committed person's facility or status, OR
    3  IN THE CASE OF A PERSON COMMITTED PURSUANT TO A FINAL ORDER OF  OBSERVA-
    4  TION  WRITTEN  NOTICE UPON DISCHARGE OF SUCH COMMITTED PERSON, to all of
    5  the following:
    6    (1) The district attorney of the county from  which  such  person  was
    7  committed;
    8    (2) The superintendent of state police;
    9    (3) The sheriff of the county where the facility is located;
   10    (4)  The  police  department having jurisdiction of the area where the
   11  facility is located;
   12    (5) Any person who may reasonably be expected to be the victim of  any
   13  assault  or  any violent felony offense, as defined in the penal law, OR
   14  ANY OFFENSE LISTED IN SECTION 530.11 OF THIS PART which would be carried
   15  out by the committed person;  PROVIDED THAT THE  PERSON  WHO  REASONABLY
   16  MAY  BE EXPECTED TO BE A VICTIM DOES NOT NEED TO BE A MEMBER OF THE SAME
   17  FAMILY OR HOUSEHOLD AS THE COMMITTED PERSON; and
   18    (6) Any other person the court may designate.
   19    Said notice may be given by any means reasonably  calculated  to  give
   20  prompt actual notice.
   21    S 3. This act shall take effect immediately.