Relates to determining the capacity of a defendant to stand trial
This bill amends New York's criminal procedure law to require psychiatric examiners to specifically assess whether "restoration services" could realistically restore a defendant's competence to stand trial within a reasonable timeframe. Restoration services include medication support, competency instruction, mock trials, and symptom management designed to help defendants understand charges and participate in their defense. It directly affects defendants deemed "incapacitated" (unable to understand proceedings due to mental health issues) during criminal trials. The law mandates examiners include this assessment in their reports, clarifies what constitutes "appropriate institutions" for providing services, and defines restoration services as distinct from general mental health treatment.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 14, 2025
Last action Jun 5, 2026
Maddy AI version diff · 2 comparisons
What changed between versions
A5567A
→
A5567B
·
4 edits
MODERATE
This bill update adds new sponsors to the legislation and clarifies the procedural rules for examining defendants' fitness to stand trial. The most significant change is the removal of a requirement for examiners to predict if a defendant can be restored to competence within a reasonable time, shifting the focus to the availability of restoration services rather than a guaranteed timeline. Additionally, the bill clarifies that defendants released on bail cannot be incarcerated solely for the purpose of undergoing a mental health examination.
Scope change
The bill's scope remains focused on criminal procedure regarding fitness to stand trial, but the applicability of the restoration timeline requirement has been narrowed by removing the predictive element.
REQUIREMENT
Deleted the requirement that examiners must state there is a reasonable expectation that restoration services will work within a reasonable period.
Added a specific rule preventing the need for an examination from being used as a basis to incarcerate a defendant who was previously released on bail.
Clarified that if hospital confinement is needed for an examination, it must be in a facility operated or approved by the commissioner, rather than just designated by the director.
TECHNICAL
Added new sponsors (McMahon, Conrad, Palmesa-No, Chludzinski) and updated committee referral language.
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
12
Key actions
4
Committee
4
Amendments
4
Jun 3, 2026
Committee
REPORTED REFERRED TO RULES
lower
May 20, 2026
Committee
REPORTED REFERRED TO WAYS AND MEANS
lower
May 15, 2026
Lower · Passed
PRINT NUMBER 5567B
lower
May 15, 2026
Lower · Passed
AMEND AND RECOMMIT TO CODES
lower
Jan 7, 2026
Committee
REFERRED TO CODES
lower
May 22, 2025
Lower · Passed
PRINT NUMBER 5567A
lower
May 22, 2025
Lower · Passed
AMEND AND RECOMMIT TO CODES
lower
Feb 14, 2025
Committee
REFERRED TO CODES
lower
1 primary · 9 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Jo Anne Simon
DDemocratic
Co
Anna Kelles
DDemocratic/Working Families
Co
Bill Conrad
DDemocratic/Independence/Working Families
Co
Brian Maher
RRepublican/Conservative
Co
John McDonald
DDemocratic
Co
Karen McMahon
DDemocratic
Co
MaryJane Shimsky
DDemocratic/Working Families
Co
Matt Simpson
RRepublican/Conservative/Independence
Co
Paula Kay
DDemocratic
Co
Stefani Zinerman
DDemocratic
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