F. Competency Examination
Jurisdiction | New York |
F. Competency Examination
Once the court issues the competency examination order, the appropriate director (usually the director of community mental health services, although, technically, it may also be the director of a state psychiatric hospital or developmental center, or the director of any other hospital that is operated by a local government and has been certified by either the commissioner of mental health or the commissioner of the office for people with developmental disabilities26) may designate...
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- I. Introduction
- II. Incapacity To Stand Trial
- A. History and Background
- B. The Standard
- C. Who Can Raise the Issue of Competency?
- 1. The Court’s Obligation
- 2. The Defense Attorney’s Obligation
- D. When Can the Issue of Competency Be Raised?
- E. Burden of Proof
- F. Competency Examination
- G. Hearing
- H. Finding of Incapacity
- 1. Temporary Order of Observation
- 2. Final Order of Observation
- I. Orders of Commitment
- J. Dismissal of Indictment
- K. Notice Requirements
- III. Not Guilty By Reason of Mental Disease or Defect
- A. Insanity Defense
- B. Presenting an Insanity Defense
- C. Disposition of Persons Found Not Guilty by Reason of Mental Disease or Defect
- IV. Sentencing
- V. Mentally Ill Inmates And Prisoners
- VII. Death Penalty
- VIII. Sex Offenders
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