A 5567 New York Assembly · 2025 Regular Session

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

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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