3.32 - C. Request For A “730 Exam” Regarding Mental Competency

• Jurisdiction: New York

C. Request for a “730 Exam” Regarding
Mental Competency

During the arraignment, the issue of the defendant’s mental competency may be raised by defense counsel, the prosecutor or the court. The court may order a psychiatric examination to determine if the defendant is an incapacitated person and, thus, unable to stand trial.⁴⁸⁵ An incapacitated person is a defendant who as a result of mental disease or defect, lacks capacity to understand the proceedings or to assist in his own defense.⁴⁸⁶ The standard applicable to this stage of the proceedings differs from that applicable to the insanity defense⁴⁸⁷ and to determinations of not responsible by reason of mental disease or defect.⁴⁸⁸

The psychiatric examination may be conducted on an inpatient or outpatient basis at the court’s discretion.⁴⁸⁹ If the defendant is held in custody, the examination will occur at the place of incarceration or at a...