Res 0872-2025

Whereas, In the United States criminal court system, there is a competency standard that must be met for a defendant to stand trial; and Whereas, If at any point during a legal proceeding, the competence of the defendant is questioned, the court is then obligated to determine whether the defendant is competent to proceed; and Whereas, This determination can involve reviewing the defendant's criminal or medical records, a professional examination, or testimony in court, among a number of other steps; and Whereas, Once the evidence is presented and evaluated, the court determines whether an individual is incapacitated as a result of a mental disease and incompetent to stand trial (IST); and Whereas, If a defendant charged with a misdemeanor is determined to be IST, under New York's criminal procedure law the court must issue a final order of observation (FO/OBS); and Whereas, Under the provisions of the Mental Hygiene Law (MHL), a defendant issued an FO/OBS is committed to the custody of a state civil psychiatric center and their misdemeanor charges are dismissed; and Whereas, Once in a facility, the individual can remain there up to 90 days, with an evaluation taking place within 72 hours of admission; and Whereas, However, these facilities have faced criticism regarding issues like overcrowding, inadequate care, and potential for abuse, leading to calls for reform; and Whereas, Without proper procedures, patients are often discharged into communities without the beneficial connections to mental health or housing services, and according to a study from the Journal of Correctional Health Care, recidivism is high for individuals with severe mental illness; and Whereas, A.2440, introduced by Assembly Member Tony Simone and pending in the New York State Assembly, and companion bill S.1744, introduced by Senator Brad Hoylman-Sigal and pending in the New York State Senate, seek to amend the criminal procedure law, in relation to cases terminated due to mental disease or defect; and Whereas, A.2440/S.1744 mandate that upon the court's issuance of an FO/OBS for non-felony defendants, the court must order the appropriate institution housing a defendant to assign a critical time intervention (CTI) care management team to the defendant; and Whereas, This transitional service helps individuals with severe mental illness connect to long-term service providers, facilitates community integration, and helps foster independence; and Whereas, A.2440/S.1744 also stipulates that prior to discharge, a defendant's assigned institution must make a single point of access (SPOA) referral to an SPOA agency near the defendant's last known county of residence; and Whereas, Single point of access programs also seek to connect individuals with severe mental illness to services and treatment options that can support them and help their clients find benefits; and Whereas, This legislation would ensure that justice involved individuals with severe mental illnesses are connected to adequate services that ultimately benefit themselves, their families, and their communities; and Whereas, Investing in post-dismissal care for those with severe mental illness ensures that they receive critical resources after being discharged and prevents them from slipping through the cracks; now, therefore, be it Resolved, That the Council of the City of New York calls on the New York State Legislature to pass, and the Governor to sign, A.2440/S.1744, also known as the SUPPORT Act, which imposes certain requirements on institutions housing a defendant due to mental disease or defect prior to the discharge of such defendant. LS #18177, 19327 04/01/2025 RLB