2. Final Order of Observation

JurisdictionNew York

2.. Final Order of Observation34

When a final order of observation is issued, all pending charges against the defendant are dropped. The defendant is committed to the custody of the commissioner for a period of up to 90 days.

This final order was subject to constitutional attack in Ritter v. Surles.35 The plaintiffs argued that a finding of incapacity to stand trial did not necessarily mean that a person was dangerous or in need of in-hospital treatment. Once criminal charges have been dropped, continuing to confine an individual for up to 90 days based solely on a finding of incompetence fails to meet the constitutional standards set forth in Jackson v. Indiana.36

The court in Ritter agreed with this argument and found that OMH and OPWDD must determine whether an individual committed to the care and custody of the commissioner meets the civil commitment criteria. If the individual does not, he or she cannot be...

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