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35 Cards in this Set
- Front
- Back
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CPL 730.10 - Definitions regarding fitness to proceed
An INCAPACITATED PERSON is a person who... |
as a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense. |
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730.10
An ORDER OF EXAMINATION directs... |
the detention of a person for the purpose of determining if he is an incapacitated person (maximum 30 days). |
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730.10
COMMISSIONER means... |
state commissioner of mental health or state commissioner of mental retardation and developmental disabilities. |
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730.10
DIRECTOR means director of... |
1) state hospital operated by office of mental health or director of developmental center operated operator of mental retardation and developmental disabilities, or 2) director of approved government hospital or 3) director of community mental health services. |
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730.10
QUALIFIED PSYCHIATRIST means...
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1) diplomate of American board of psychiatry or neurology or eligible to be certified by the board, or 2) certified by American osteopathic board of neurology and psychiatry or eligible to be certified by that board. |
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730.10 CERTIFIED PSYCHOLOGIST means person... |
registered as a certified psychologist (Art. 153 of education law.) |
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730.10 PSYCHIATRIC EXAMINER means... |
qualified psychiatrist or certified psychologist designated by director to examine defendant pursuant to order of examination. |
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730.10
EXAMINATION REPORT (form is promulgated by state administrator and commissioner) means...
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a report made by psychiatric examiner on whether defendant is an incapacitated person. |
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730.10 APPROPRIATE INSTITUTION - hospital operated by... |
1) the office of mental health or a developmental center operated by the office of people with developmental disabilities, OR 2) other qualified and licensed hospital by the department of health. |
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730.20 - Fitness to proceed generally
1. After an order of examination is issued by the court, the director must... |
designate 2 qualified psychiatric examiners to examine the defendant to determine if he is an incapacitated person. (If both don't agree, a third psychiatrist examines the defendant). |
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730.20
2. If defendant is at liberty and upon request of the director, the court may... |
direct that defendant be confined in a hospital until the examination is completed. |
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730.20 3. If defendant is in custody, examination shall be at.... |
place of custody unless director determines that hospital confinement is necessary for an effective examination. |
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730.20
4. Hospital confinement pursuant to an order of examination shall be for an initial period not exceeding... |
30 days (can be extended by court for an additional period not exceeding 30 days). |
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730.20
5. Each psychiatric examiner must prepare an examination report. If the two reports are not in agreement, the director must... |
designate another psychiatric examiner. |
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730.20
5. Upon receipt of reports from the director, the court must give a copy to... |
Defendant & DA. |
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6. Statements made by the defendant for purpose of examination are not admissible in the criminal action in any issue other than... |
his mental condition. |
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730.20
7. Psychiatric examiners are entitled to... |
$50 for each examination and $50 for each court hearing (for a total not exceeding $200 for any one case), and also entitled to traveling expenses. |
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730.20 7. If examiner is NYS employee, shall only be entitled to... |
traveling expenses (also fees IF he works outside hours of employment or outside county). |
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730.30 - Order of examination 1. Generally, court issues an order of examination after arraignment (other than felony) when it believes that defendant may be an incapacitated person. 2. If court is not satisfied with the evaluation report showing that defendant is not incapacitated, it may... |
order that defendant be examined by different psychiatric examiners. Otherwise, action will proceed. |
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730.30 4. If reports regarding incapacity or dangerousness are not in agreement, the court must... |
conduct a hearing to determine issue of capacity or dangerousness. |
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730.40 - LCC accusatory instrument
1. After the above hearing, action must proceed IF the court is satisfied that defendant is not incapacitated. If court finds defendant incapacitated, it must issue order committing defendant to custody of commissioner for up to... |
90 days. If accusatory instrument was less than felony, court must issue final order of observation. For felony, must issue temporary order of examination (unless D.A. consents to final order of examination). |
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730.40
2. If court issues a final order of examination, it must... |
dismiss the accusatory instrument. |
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730.40 2. If defendant is in custody at end of temporary order of examination, court must... |
dismiss accusatory instrument. |
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730.40
3. If a charge in LCC is subsequently presented to grand jury, thengrand jury not hear defendant (PL 190.50) unless... |
it determines that he is not an incapacitated person. |
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730.40
5. An indictment to be timely must be filed within... |
6 months after expiration of temporary order of observation. |
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730.50 - Indictment
1. In superior court, if defendant is found NOT to be incapacitated, the criminal action must proceed. If found to be incapacitated, court must.... |
issue final order of observation or an order of commitment. |
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730.50
If person is NOT charged with a felony or is convicted of a charge less than a felony, court must: |
1. issue final order of observation not to exceed 90 days, AND 2. dismiss the indictment |
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730.50 2. Superintendent of institution may within 60 days prior to end of commitment paid apply to court for order of retention (up to 1 year). Superintendent must give notice to defendant and mental hygiene legal service. Defendant and MHLS may demand hearing which must be held within... |
10 days of when notice of application was given to them. |
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730.50 3. Request for a subsequent order of retention (up to 2 years each) may be made as per 2, above. 4. At end of last subsequent order of retention, court must... |
dismiss the indictment. 5. Read this section. |
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730.60 - Procedure following custody by the commissioner. Generally, when a defendant is in custody of the commissioner pursuant to a temporary order of observation or an order of retention, criminal action pending against defendant in court that issued such order is suspended until. .. |
superintendent of institution in which defendant is confined determines that he is no longer an incapacitated person. |
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730.60
When commissioner discharges, releases on condition, or places defendant in less secure status such as vacations, furloughs and temporary passes, he shall give at least 4 days written notice (excluding Saturdays, Sundays and legal holidays) to the following: |
1. D.A. 2. Superintendent of state police 3. sheriff of county where facility is located 4. police department where facility is located 5. any person reasonably expected to be a victim 6. any other person court may designate
Such notification shall also be given immediately upon defendant's departure without authorization. |
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730.70 When a defendant is in the custody of the commissioner on the expiration date of a final or temporary order of observation or an order of commitment, or on the expiration date of the last order of retention, or on the date of an order dismissing an indictment is served upon the commissioner, the superintendent of the institution where the defendant is confined may retain him for care and treatment for a period of... |
30 days from such date. |
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730.70
If the superintendent determines that the defendant is so mentally defective as to require care and treatment in an institution, he may, before the expiration of such 30 day period,... |
apply for an order of certification in the manner prescribed in the mental hygiene law |
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730.50
If indictment charges a felony or when defendant has been convicted of a felony, it must... |
issue order of commitment not to exceed 1 year. |
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730.30
3. If reports show incapacity, court MAY conduct a hearing on it's own motion and MUST conduct a hearing upon motion of... |
defendant or DA. |
