S T A T E O F N E W Y O R K ________________________________________________________________________ 6548--A Cal. No. 343 I N S E N A T E February 24, 2012 ___________ Introduced by Sen. SALAND -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the criminal procedure law, in relation to orders of observation for the purpose of determining incapacitation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 730.40 of the criminal procedure 2 law is amended to read as follows: 3 2. When a local criminal court has issued a final order of observa- 4 tion, it must dismiss the accusatory instrument filed in such court 5 against the defendant and such dismissal constitutes a bar to any 6 further prosecution of the charge or charges contained in such accusato- 7 ry instrument. WHEN THE DEFENDANT IS IN THE CUSTODY OF THE COMMISSIONER 8 PURSUANT TO A FINAL ORDER OF OBSERVATION THE COMMISSIONER MUST, IMME- 9 DIATELY UPON THE DISCHARGE OF THE DEFENDANT, CERTIFY TO SUCH COURT THAT 10 HE OR SHE HAS COMPLIED WITH THE NOTICE PROVISIONS SET FORTH IN SUBDIVI- 11 SION SIX OF SECTION 730.60 OF THIS ARTICLE. When the defendant is in the 12 custody of the commissioner at the expiration of the period prescribed 13 in a temporary order of observation, the proceedings in the local crimi- 14 nal court that issued such order shall terminate for all purposes and 15 the commissioner must promptly certify to such court and to the appro- 16 priate district attorney that the defendant was in his OR HER custody on 17 such expiration date. Upon receipt of such certification, the court must 18 dismiss the felony complaint filed against the defendant. 19 S 2. Paragraph (a) of subdivision 6 of section 730.60 of the criminal 20 procedure law, as added by chapter 549 of the laws of 1980, and the 21 opening paragraph as amended by chapter 440 of the laws of 1987, is 22 amended to read as follows: 23 (a) Notwithstanding any other provision of law, no person committed to 24 the custody of the commissioner pursuant to this article, or continuous- 25 ly thereafter retained in such custody, shall be discharged, released on EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14006-02-2 S. 6548--A 2 1 condition or placed in any less secure facility or on any less restric- 2 tive status, including, but not limited to vacations, furloughs and 3 temporary passes, unless the commissioner shall deliver written notice, 4 at least four days, excluding Saturdays, Sundays and holidays, in 5 advance of the change of such committed person's facility or status, OR 6 IN THE CASE OF A PERSON COMMITTED PURSUANT TO A FINAL ORDER OF OBSERVA- 7 TION WRITTEN NOTICE UPON DISCHARGE OF SUCH COMMITTED PERSON, to all of 8 the following: 9 (1) The district attorney of the county from which such person was 10 committed; 11 (2) The superintendent of state police; 12 (3) The sheriff of the county where the facility is located; 13 (4) The police department having jurisdiction of the area where the 14 facility is located; 15 (5) Any person who may reasonably be expected to be the victim of any 16 assault or any violent felony offense, as defined in the penal law, OR 17 ANY OFFENSE LISTED IN SECTION 530.11 OF THIS PART which would be carried 18 out by the committed person; PROVIDED THAT THE PERSON WHO REASONABLY 19 MAY BE EXPECTED TO BE A VICTIM DOES NOT NEED TO BE A MEMBER OF THE SAME 20 FAMILY OR HOUSEHOLD AS THE COMMITTED PERSON; and 21 (6) Any other person the court may designate. 22 Said notice may be given by any means reasonably calculated to give 23 prompt actual notice. 24 S 3. This act shall take effect immediately.