N.Y. Criminal Procedure Law § 730.10: Fitness to proceed; definitions

§ 730.10 Fitness to proceed; definitions.

As used in this article, the following terms have the following

meanings:

1. "Incapacitated person" means a defendant who as a result of mental

disease or defect lacks capacity to understand the proceedings against

him or to assist in his own defense.

2. "Order of examination" means an order issued to an appropriate

director by a criminal court wherein a criminal action is pending

against a defendant or by a court evaluating the capacity of an alleged

violator in a parole revocation proceeding pursuant to subparagraph

(xii) of paragraph (f) of subdivision three of section two hundred

fifty-nine-i of the executive law, or by a family court pursuant to

section 322.1 of the family court act wherein a juvenile delinquency

proceeding is pending against a juvenile, directing that such person be

examined for the purpose of determining if he is an incapacitated

person.

3. "Commissioner" means the state commissioner of mental health or the

state commissioner of the office for people with developmental

disabilities.

4. "Director" means (a) the director of a state hospital operated by

the office of mental health or the director of a developmental center

operated by the office for people with developmental disabilities, or

(b) the director of a hospital operated by any local government of the

state that has been certified by the commissioner as having adequate

facilities to examine a defendant to determine if he is an incapacitated

person, or (c) the director of community mental health services.

5. "Qualified psychiatrist" means a physician who:

(a) is a diplomate of the American board of psychiatry and neurology

or is eligible to be certified by that board; or,

(b) is certified by the American osteopathic board of neurology and

psychiatry or is eligible to be certified by that board.

6. "Certified psychologist" means a person who is registered as a

certified psychologist under article one hundred fifty-three of the

education law.

7. "Psychiatric examiner" means a qualified psychiatrist or a

certified psychologist who has been designated by a director to examine

a defendant pursuant to an order of examination.

8. "Examination report" means a report made by a psychiatric examiner

wherein he sets forth his opinion as to whether the defendant is or is

not an incapacitated person, the nature and extent of his examination

and, if he finds that the defendant is an incapacitated person, his

diagnosis and prognosis and a detailed statement of the reasons for his

opinion by making particular reference to those aspects of the

proceedings wherein the defendant lacks capacity to understand or to

assist in his own defense. The state administrator and the commissioner

must jointly adopt the form of the examination report; and the state

administrator shall prescribe the number of copies thereof that must be

submitted to the court by the director.

9. "Appropriate institution" means: (a) a hospital operated by the

office of mental health or a developmental center operated by the office

for people with developmental disabilities; or (b) a hospital licensed

by the department of health which operates a psychiatric unit licensed

by the office of mental health, as determined by the commissioner

provided, however, that any such hospital that is not operated by the

state shall qualify as an "appropriate institution" only pursuant to the

terms of an agreement between the commissioner and the hospital. Nothing

in this article shall be construed as requiring a hospital to consent to

providing care and treatment to an incapacitated person at such

hospital.