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Bill

S 10309

Relates to a competency restoration workgroup to evaluate

2025 Regular Session Introduced by Samra Brouk

Creates a statewide workgroup to evaluate and improve competency restoration under CPL Article 730, aiming for quicker, less restrictive, coordinated court readiness.

RETURNED TO SENATE
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Bill Summary · S 10309

Overview

  • Bill: S 10309
  • Session: 2025-2026
  • Jurisdiction: New York
  • Title: Relates to a competency restoration workgroup to evaluate
  • Purpose: Establish a statewide competency restoration workgroup to evaluate and improve the efficiency and effectiveness of the competency restoration process for defendants evaluated and restored under article 730 of the Criminal Procedure Law, with the goal of allowing legal proceedings to resume without undue delay.

What the bill would do

  • Create the Statewide Competency Restoration Workgroup (a 19-member body).
  • Convening authority: Commissioner of the Office of Mental Health (OMH) and Commissioner of the Office for People With Developmental Disabilities (OPWDD).
  • Appointees: The workgroup comprises senior officials and stakeholder representatives, plus additional members appointed by the Governor, Assembly Speaker, Senate Majority Leader, Assembly Minority Leader, and Senate Minority Leader. Specific seats include:
    • OMH Commissioner
    • OPWDD Commissioner
    • Chief Administrative Judge of the Courts
    • Chair of the NY State Conference of Local Mental Hygiene Directors
    • Executive Director of the NY State Association of Counties
    • President of the NYS District Attorneys Association
    • Executive Director of the NYS Defenders Association
    • President of the NYS Sheriffs Association
    • Representatives from NYC Health + Hospitals and from Mental Hygiene Legal Services (MHLS)
    • Three additional gubernatorial/legislative appointments, including: a psychiatric examiner with competency restoration experience, a law enforcement representative, and an individual with lived experience navigating the criminal court on behalf of a defendant under an order of examination
  • Reporting and timelines:
    • Preliminary report due by December 30, 2026 to the Governor, the Senate Majority Leader, and the Assembly Speaker.
    • Short-term solutions due by April 1, 2027.
    • More comprehensive report due by June 30, 2027, detailing medium-term solutions with a target by January 10, 2028, and long-term solutions with a target by January 10, 2029.
  • Objectives of recommendations:
    • Improve efficiency and effectiveness of competency restoration for defendants evaluated/restored under CPL Article 730.
    • Ensure access to restoration services in the least restrictive setting to restore trial competence promptly.
    • Develop processes to resume deferred legal proceedings without undue delay; avoid using restoration solely for long-term mental health treatment; and, if restoration cannot restore competency, initiate prompt transfer to an appropriate state facility for long-term treatment.
  • Data and accountability:
    • The reports must include recommendations from subdivision (e) and an county-by-county accounting of:
    • Number of patients in competency restoration
    • Length of stay in restoration
    • Number of competency restoration evaluations ordered per defendant
    • Trend in the number of defendants ordered into restoration
    • Costs incurred/paid per county since January 1, 2020
  • Provisions in subdivision (e) outline focus areas for recommendations, including:
    • Reducing the overall number of defendants in restoration and their length of stay
    • Reducing recidivism after discharge from restoration
    • Evaluating competency curricula and effectiveness of restoration programs
    • Expanding treatment options (outpatient/community-based programs, diagnosis-tailored curricula, state hospital beds)
    • Analyzing trends in restoration orders and reforming standardization where needed
    • Improving coordination among state/local government, law enforcement, districts attorneys, and courts
    • Evaluating and assessing financial and funding models for restoration services to balance county and state responsibilities

Who would be affected

  • Defendants undergoing competency evaluations and restoration under CPL Article 730.
  • State agencies: OMH, OPWDD, judiciary (state and local courts), NYS Association of Counties, District Attorneys Association, NYS Defenders Association, NYS Sheriffs Association.
  • Stakeholders and providers: Mental Hygiene Legal Services, New York City Health and Hospitals, law enforcement, and community-based/state hospital treatment providers.
  • The public: potential changes aimed at reducing delays, improving efficiency, and ensuring faster, more appropriate restoration and trial readiness.

Key dates and timelines

  • Effective date: Immediately upon enactment.
  • Expiration/repeal: Provisions expire one year after the act’s effective date (i.e., likely a one-year window after enactment, unless extended by subsequent legislation).
  • Initial reporting schedule:
    • Preliminary report due: December 30, 2026
    • Short-term recommendations due: April 1, 2027
    • Comprehensive report due: June 30, 2027
    • Medium/long-term milestones with targets: by January 10, 2028 (medium-term) and January 10, 2029 (long-term)

Practical implications

  • Aims to streamline and standardize competency restoration processes to minimize delays in court proceedings for defendants deemed in need of restoration.
  • Encourages expansion of less restrictive and more varied treatment modalities to restore competence efficiently.
  • Creates a structured, data-driven approach to monitoring costs and outcomes by county.
  • Seeks greater coordination among criminal justice, health, and community services to improve overall system performance and reduce recidivism.

Note: The bill contains a broad set of objectives and requires collaboration across multiple agencies and sectors. It does not mandate specific funding levels but emphasizes establishment of a workgroup and reporting milestones to guide policy and potential future appropriations.

Compiled from official sources — confirm details with the bill’s official record.

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