NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9491
SPONSOR: Simone TITLE OF BILL:
An act to amend the criminal procedure law and the mental hygiene law,
in relation to cases terminated due to mental disease or defect and to
establishing reporting obligations regarding such cases
PURPOSE:
The purpose of this bill is to make clarifying amendments to Chapter 675
of the laws of 2025, relating to discharge planning due to mental defect
or disease and reporting obligations.
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend subdivision 2 section 730.40 of the
Criminal Procedure Law to clarify that upon a local criminal court's
final order of observation, it must direct the appropriate institution
to provide discharge planning pursuant to subdivision (f) and (g) of
section 29.15 of the mental hygiene law, including Single Point of
Access (SPOA), for all non-felony defendants deemed unfit to proceed to
trial due to mental defect or disease.
Section 2 of the bill would add a new section to the Mental Hygiene Law
to clarify the reporting requirements, including that they shall be
posted annually identifying the number of defendants committed to the
custody of the commissioner, the counties from which the orders origi-
nated, the institutions designated by the court for observation, defend-
ants observed at hospitals operated by the office, and defendants
observed at the hospital not operated by the office.
Section 3 of the bill would set the effective date.
JUSTIFICATION:
Currently, all misdemeanor cases where the defendant is found unfit to
proceed to trial due to mental disease or defect are dismissed as a
function of law, and after as little as a few days up to several months
of inpatient care, these individuals are released directly into the
community without appropriately intensive, long-term post-release care,
programming, or services. Notably, recently observed trends suggest that
individuals who spend less time in post-dismissal care have a higher
rate of recidivism than individuals with extended stays.
As a result, individuals who have documented mental health concerns that
can impact their own safety and that of the general public fall through
the cracks in our system, and are left with access to few, if any, crit-
ical resources after they are discharged. By mandating a referral to
SPOA as part of their discharge plan, we increase the likelihood that
individuals who are significantly affected by mental health concerns are
connected with the resources that they need for long-term stability.
Every county in New York State has established a SPOA process to connect
referred individuals with the care management and services appropriate
to support them. The treatment and programming one can access through
SPOA includes, but is not limited to; Non-Medicaid Care Coordination
(NMCC), Assertive Community Treatment (ACT), and Intensive Mobile Treat-
ment (IMT). SPOA can also be helpful in assisting individuals with hous-
ing referrals.
In addition to a SPOA eferral, Critical Time Intervention (CTI) care
management teams offer significant value as a bridge to care during the
transition from inpatient settings to community-based services. CTI
teams help foster sustained engagement by building trust with individ-
uals and supporting their participation in services accessed through
SPOA, such as NMCC, ACT, or IMT. These teams remain involved over an
extended period, promoting stability and helping individuals work toward
greater independence. CTI and similar models should be prioritized where
appropriate and expanded as resources allow.
This legislation does not needlessly keep these vulnerable individuals
in the criminal justice system, but rather ensures that each individ-
ual's mental health needs are carefully considered and addressed at the
time of their discharge and during their return to the community. It
also will help generate meaningful data on how consistently referrals
and follow-through are happening across hospitals and agencies to aid
future reforms to the State's discharge protocols.
This bill would make amendments to a Chapter of the laws of 2025 to
clarify the process of providing discharge planning upon the local court
issuing a final order of observation and to establish reporting obli-
gations regarding such cases.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2025, amending the criminal procedure law relat-
ing to cases terminated due to mental disease or defect, as proposed in
legislative bills numbers S. 1744-A and A. 2440-A, takes effect;
provided, however, section two of this act shall take effect January 1,
2027.
STATE OF NEW YORK
________________________________________________________________________
9491
IN ASSEMBLY
January 7, 2026
___________
Introduced by M. of A. SIMONE -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law and the mental hygiene law,
in relation to cases terminated due to mental disease or defect and to
establishing reporting obligations regarding such cases
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, as amended by a chapter of the laws of 2025, amending the criminal
3 procedure law relating to cases terminated due to mental disease or
4 defect, as proposed in legislative bills numbers S. 1744-A and A.
5 2440-A, is amended to read as follows:
6 2. (a)[(1)] When a local criminal court has issued a final order of
7 observation, it must:
8 [(A)] (1) order the appropriate institution [in which the defendant is
9 confined to make a single point of access referral for the defendant
10 with the appropriate agency closest to the defendant's last known county
11 of residence prior to discharge] designated by the commissioner to
12 provide for discharge planning pursuant to subdivisions (f) and (g) of
13 section 29.15 of the mental hygiene law, if applicable, which shall
14 include referrals to the single point of access or other outpatient
15 providers, provided such referrals are clinically indicated. Nothing in
16 this subparagraph shall be construed to require a referral to services
17 for which the defendant is not eligible or where otherwise prohibited by
18 law, including where patient consent is required and has not been
19 provided; and
20 [(B)] (2) dismiss the accusatory instrument filed in such court
21 against the defendant and such dismissal constitutes a bar to any
22 further prosecution of the charge or charges contained in such accusato-
23 ry instrument.
24 [(2) Each appropriate institution shall maintain records compiling all
25 discharge planning and single point of access referrals completed pursu-
26 ant to subparagraph one of this paragraph and submit de-identified bian-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05187-06-6
A. 9491 2
1 nual reports on such records to the commissioner and chief administra-
2 tive judge of the courts.]
3 (b) When the defendant is in the custody of the commissioner pursuant
4 to a final order of observation, the commissioner or such commissioner's
5 designee, which may include the director of an appropriate institution,
6 immediately upon the discharge of the defendant, must certify to such
7 court that the commissioner or such commissioner's designee has complied
8 with the notice provisions set forth in paragraph (a) of subdivision six
9 of section 730.60 of this article and the referral provisions set forth
10 in paragraph (a) of this subdivision. When the defendant is in the
11 custody of the commissioner at the expiration of the period prescribed
12 in a temporary order of observation, the proceedings in the local crimi-
13 nal court that issued such order shall terminate for all purposes and
14 the commissioner must promptly certify to such court and to the appro-
15 priate district attorney that the defendant was in the commissioner's
16 custody on such expiration date. Upon receipt of such certification, the
17 court must dismiss the felony complaint filed against the defendant.
18 § 2. The mental hygiene law is amended by adding a new section 7.49 to
19 read as follows:
20 § 7.49 Reporting obligations.
21 The office shall post annually on or before January first on its
22 website:
23 (a) the number of defendants committed to the custody of the commis-
24 sioner by a final order of observation issued pursuant to section 730.40
25 of the criminal procedure law;
26 (b) the originating counties for such orders;
27 (c) the institutions to which the office designated such defendants
28 for observation;
29 (d) for defendants observed at a hospital operated by the office, the
30 rate of inpatient admission, the average length of stay, the number of
31 defendants who were referred to additional services, the number of
32 defendants who were not referred to additional services, and whether
33 discharge planning was conducted; and
34 (e) for defendants observed at a hospital not operated by the office,
35 the number of defendants admitted to the inpatient psychiatric unit and
36 the number of defendants evaluated and discharged without inpatient
37 admission.
38 § 3. This act shall take effect on the same date and in the same
39 manner as a chapter of the laws of 2025, amending the criminal procedure
40 law relating to cases terminated due to mental disease or defect, as
41 proposed in legislative bills numbers S. 1744-A and A. 2440-A, takes
42 effect; provided, however, section two of this act shall take effect
43 January 1, 2027.
