Imposes certain requirements on institutions housing a defendant due to mental disease or defect prior to the discharge of such defendant

Defendants get referrals and case protections

The law applies to New York defendants held for mental disease or defect under court observation orders. With a final observation order, the court must require the institution to make a service referral before discharge. This single point of access referral goes to the appropriate agency nearest the defendant’s last known county of residence. The court must also dismiss the charges, barring further prosecution for those offenses. Upon discharge from the commissioner’s custody under a final order, the commissioner or designee must immediately certify notice and referral compliance to the court. Institutions must keep discharge-planning and referral records and send reports without identifying information every two years to the commissioner and chief administrative judge. If a temporary observation order expires while the defendant remains in custody, the local court proceedings end. The commissioner must promptly certify that custody to the court and district attorney; the court must then dismiss the felony complaint. These rules take effect 90 days after the act becomes law.