N.Y. Comp. Codes R. & Regs. Tit. 14, app 12 § 100.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 100.2 - Examination of defendant

(a) An order for the examination of a defendant to determine whether he is an incapacitated person under article 730 of the Criminal Procedure Law shall be addressed to the director of community mental health services of the county where the criminal action is pending except in the City of New York where the order shall be addressed to the director of community government that has been certified by the Commissioner of Mental Hygiene as having adequate facilities mental health services of such city. If there is no such director of community mental health services, the order shall be addressed to the director of a hospital operated by local government within such county or city that has been certified as having adequate facilities for such purpose by the Commissioner of Mental Hygiene or, in the absence of such local hospital, to the director of the State hospital operated by the Department of Mental Hygiene serving the county where the criminal action is pending.

(b) The hospital in which a defendant may be confined for examination pursuant to subdivisions (2) or (3) of section 730.20 of the Criminal Procedure Law shall be a hospital operated by local to examine a defendant to determine if he is an incapacitated person. If there be no such local governmental hospital serving the county where the criminal proceeding is pending, the defendant may be confined in a general hospital having a phychiatric unit approved by the Commissioner of Mental Hygiene or in a State hospital operated by the Department of Mental Hygiene approved for such purpose if the person in charge thereof shall have given his consent to the confinement of such defendant therein.

Sec. added, filed August 1, 1972.