The New York State Legislature recently passed twin bills, S1004B in the Senate and A5567B in the Assembly, relating to determining a defendant’s capacity to stand trial. These bills are currently advancing through the legislative process. This legislation changes New York’s laws for determining a person’s competency to stand trial. These changes are likely to affect many criminal defendants and criminal cases in the state.

What Does “Competency to Stand Trial” Mean in New York?

In the US justice system, a person charged with a crime must understand the proceedings and participate in their own defense. This safeguard ensures that a person cannot be convicted of a crime if they cannot understand what’s going on.

Most competency questions focus on whether a defendant understands the charges and the trial process. Does the person know what they’re accused of? Do they understand the role of the prosecutor, the judge and jury, and their own attorney? Do they grasp that a conviction comes with consequences?

Some competency cases explore whether someone can understand the impact of pleading guilty or of defending themselves. Other competency issues can arise as well. Any of these questions can alter the course of a case and have permanent consequences for someone who is convicted. 

Competency vs. the Insanity Defense: What’s the Difference?

Competency differs from an insanity defense, which looks at what the defendant knew or understood at the time of the crime. Competency asks whether the defendant is capable of understanding the criminal trial process and their place in it. It is possible for someone to have lacked the capacity to understand their behavior at the time of a crime, yet to understand the charges and the process, or vice versa.

*Disclaimer: This blog is attorney advertising and for informational purposes only. Prior results do not guarantee a similar outcome, nor does this case result mean that future case results will be the same; results are not guaranteed.

Changes Made by the Competency Bills

Navigating competency questions can be complex for defendants, courts, and attorneys. A knowledgeable criminal defense lawyer can be a vital ally in this process. Competency questions don’t make criminal charges go away. Instead, criminal proceedings are postponed to address competency issues.

Each state has its own process for dealing with competency questions. Often, this process starts with a competency evaluation by a licensed psychiatrist or similar professional.

What if someone is found not competent to stand trial? They aren’t free to go. Instead, the court typically orders “restoration services.” These are medical or psychological interventions intended to help the person regain their competency to understand the criminal trial process and its consequences.

Historically, New York’s process focused on boosting a person’s cognitive ability to understand criminal proceedings. People were often sent to state psychiatric hospitals, where they stayed until deemed competent, often without receiving the medical or psychiatric treatment required to address long-term underlying issues related to competency. 

People might stay in “restoration” for years without any clear sense of whether or when they would be competent to stand trial, according to the New York State Conference of Local Mental Hygiene Directors. The old laws required counties to bear the costs of competency restoration services, a burden that grew to 100% after a 2021 administrative change shifted the prior 50/50 state-county cost-sharing arrangement entirely onto counties.

Under the recently-passed bills, new “restoration frameworks,” using evidence-based best practices, will take a closer look at each individual. This process will help expedite competence restoration for those who can reach it, shortening the time they must remain in care before criminal proceedings. The process will also help guide resources more appropriately, supporters say.

How a New York Criminal Defense Attorney Can Help When Competency Is in Question

Often, a criminal defense attorney is the first to realize that their client might not be competent to stand trial. When a client cannot understand the basics of the charges they face, they cannot collaborate effectively with their attorney. Criminal defense attorneys are committed to ensuring their clients understand the process and get any assistance they need to do so.

Navigating criminal charges is difficult and complex, even when you understand the basics. When you struggle, the process becomes even more challenging. Watching a loved one struggle can be heartbreaking. 

If you’re worried about your own mental state or a family member’s in the face of criminal charges, don’t hesitate to talk to an experienced New York criminal defense lawyer. 

Contact a New York Criminal Defense Attorney at Brill Legal Group Today

Competency is just one of many hurdles a person faces when charged with a crime in New York. Don’t try to navigate these challenges alone. The sooner you speak to a knowledgeable criminal defense lawyer, the more options you have. 

Contact The Brill Legal Group at (212) 233-4141 for a free consultation 24 hours a day, 7 days a week. We proudly serve clients throughout New York City, including Manhattan, Brooklyn, Queens, and the Bronx, as well as Nassau County and Suffolk County on Long Island. The Brill Legal Group has offices located in Manhattan, Hauppauge, and Hempstead.