17.10 - B. Result Of Verdict Or Plea Of Not Responsible

• Jurisdiction: New York

b. Result of Verdict or Plea of Not Responsible

Section 330.20 of the CPL governs the procedures to be followed after a verdict or plea of not responsible by reason of mental disease or defect. This section requires a post-verdict or plea examination of the defendant by either two psychiatrists or one psychiatrist and one psychologist, designated by the state Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities, upon receipt of the court’s order. A hearing is then conducted where the district attorney has the burden of establishing that the defendant has a “dangerous mental disorder or is mentally ill.”

If the court finds the defendant to have a dangerous mental disorder, he must be committed to a secure psychiatric facility. The defendant is subject to involuntary civil commitment if found to be mentally ill but not to have a dangerous mental disorder. If neither condition is found by the court, either the defendant must be discharged unconditionally or the court...