Definition The word forensic is an adjective that comes from the - - PowerPoint PPT Presentation
CLMHD Mentoring Workshop November 7, 2014 Forensics : DCS Roles and Legal Responsibilities under CPL ' 730 Jed Wolkenbreit CLMHD Counsel 1 Definition The word forensic is an adjective that comes from the Latin fornsis , meaning "of or
CLMHD Mentoring Workshop November 7, 2014
Jed Wolkenbreit
CLMHD Counsel
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Definition The word forensic is an adjective that comes from the Latin forēnsis, meaning "of or before the forum. It is generally defined as “Belonging to courts of justice”.
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Some Mental Hygiene Law Sections involving Courts
examination.
– DCS has no formal role but may be called upon by Judge for help. – Note that a judge is not a 9.45 reporter.
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Mental Hygiene Law '9.27
– application to director of hospital by family, roommate, DCS, treating psychiatrist etc. – Two physicians must examine and separately certify need for involuntary admission- (not necessary harm to self or others although OMH 471 A form does require this). – Either physician may order transport – Confirmed by staff psychiatrist at hospital
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Mental Hygiene Law ' 9.37
admission- (form 475).
200,000 in certain cases.
admission.
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Dealing with the Local Jail Population
– DCS may be involved
– DCS NOT involved
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Section 508
Jail psychiatrist or physician determines need for
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Section 402
correctional system will diagnose and send inmate for treatment
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Family Court Act
' 301.2- Capacity examination of a
juvenile. ' 353.4- Transfer of mentally ill juvenile to custody of Commissioner. ' 251- Court ordered medical and psychiatric examinations and treatment
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Criminal Procedure Law
' 250.10- Examination Upon Application of
Prosecutor. ' 330.20- Procedure following Plea or Verdict of Not Guilty by Reason of mental disease or Defect. ' 390.30- Presentence Investigation. ' 730- Fitness to Proceed.
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CPL '250.10
testimony, the prosecution must be notified and has the opportunity to have the defendant examined.
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CPL '330.20
responsible by reason of mental disease or defect”
1- dangerous mental disorder 2- mental illness- not dangerous 3- neither of the above
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Court action on 330.20 1- If dangerous, commit to Commissioner for placement in a secure facility.
civil commitment (9.27,9.37 or 9.39) or discharge with order of conditions.
without order of conditions.
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CPL 390.30 – Pre-Sentence Mental Health Examination
sentencing to aid the Court in the sentencing process
defendant’s mental condition.
during the pre-sentence investigation, to determine an appropriate sentence, or to assist the court in making dispositions at other points in the criminal process.
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CPL '730 Competency, Capacity or Fitness to Stand Trial
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CPL '730
Article 730 - MENTAL DISEASE OR DEFECT EXCLUDING FITNESS TO PROCEED 730.10 - Fitness to proceed; definitions.
730.20 - Fitness to proceed; generally. 730.30 - Fitness to proceed; order of examination. 730.40 - Fitness to proceed; local criminal court accusatory instrument. 730.50 - Fitness to proceed; indictment. 730.60 - Fitness to proceed; procedure following custody by commissioner. 730.70 - Fitness to proceed; procedure following termination of custody by commissioner.
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CPL '730
lacks capacity to understand the proceedings against him or to assist in his own defense.
court wherein a criminal action is pending against a defendant, or by a family court pursuant to section 322.1 of the family court act wherein a juvenile delinquency proceeding is pending against a juvenile, directing that such person be examined for the purpose of determining if he is an incapacitated person.
commissioner of mental retardation and developmental disabilities.
– (a) the director of a state hospital operated by the office of mental health or the director of a developmental center operated by the office of mental retardation and developmental disabilities, or – (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner as having adequate facilities to examine a defendant to determine if he is an incapacitated person, or – (c) the director of community mental health services.
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CPL '730
board of psychiatry and neurology or is eligible to be certified by that board; or, (b) is certified by the American osteopathic board of neurology and psychiatry or is eligible to be certified by that board.
psychologist under article one hundred fifty-three of the education law.
psychologist who has been designated by a director to examine a defendant pursuant to an order of examination.
wherein he sets forth his opinion as to whether the defendant is or is not an incapacitated person, the nature and extent of his examination and, if he finds that the defendant is an incapacitated person, his diagnosis and prognosis and a detailed statement of the reasons for his opinion by making particular reference to those aspects of the proceedings wherein the defendant lacks capacity to understand or to assist in his own defense.
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730.20 Order
Court issues an order to the DCS to appoint 2 Psychiatric examiners (Psychiatrist or Psychologist). Examiners may evaluate the defendant jointly or separately. Court may order that defendant can have own examiner present. Generally completed in an “outpatient” setting – local correctional facility or an outpatient clinic. Order should indicate where defendant is at the time the
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can be competent to stand trial)
Observation or Commitment under CPL 730.40
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CPL 730.40- Actions in a local Criminal Court
– Charges are dismissed. – Individual is committed for up to 90 days.
– Temporary Order of Observation for 90 Days.
– Final order of Observation with DA approval.
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CPL 730.50- Actions in a Superior Criminal Court
Final Order of Observation –
than felony.
Order of Commitment- (Restoration)
length of the maximum sentence the defendant would have if convicted.
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Services- members only section of CLMHD website
Service Personnel Serving the Local Correctional
https://www.omh.ny.gov/omhweb/forensic/manual/
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