H. Finding of Incapacity

JurisdictionNew York

H. Finding of Incapacity

After holding a hearing pursuant to CPL § 730.30 and finding that the defendant is an incapacitated person, the court must issue either “a final or temporary order of observation committing [the defendant to the care] and custody” of the commissioner of mental health or the commissioner of the office for people with developmental disabilities (OPWDD) for a period not to exceed 90 days.32

If the charges are misdemeanors, the court must issue a final order of observation; if...

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