Mental Health Competency Exams

Compassionate New York Attorneys Use Their Experience to Assist Clients Facing 730 Exams and Their Aftermath

During a criminal case, questions might arise about whether the person charged with a crime can understand and participate in their case. Some people face mental illnesses, cognitive challenges, or other barriers that mean they may not understand the charges they face or what is happening to them in the court system. 

Courts answer questions about competency with a mental health competency exam. These exams are also known as “730 exams” because the law governing them appears in section 730 of the Criminal Procedure Law (CPL). 

Understanding how a 730 exam works and what happens afterward can help defendants and their loved ones make informed choices about their legal rights. 

Mental Health Competency Exams (730 Exams) in New York

The goal of a mental health competency exam is to determine if a defendant is an “incapacitated person.” CPL 730.10(1) defines an “incapacitated person” as someone who, because of a “mental disease or defect,” cannot:

• Understand the proceedings against them, or
• Assist in their own defense.

If the court believes a defendant may be an incapacitated person, the court must issue an Order of Examination under CPL 730. Courts might form this belief by:

• Examining evidence provided by the prosecutor, the defense, the defendant’s history, or the judge’s own observations of the defendant’s behavior.
• Asking questions of the defendant, like “Do you understand why you’re here today?” or “Do you know what might happen if you’re convicted?” 
• Asking the defendant questions about themselves, like their family, education, past jobs, and whether the defendant has been diagnosed with or treated for any mental illnesses.

When a court orders an examination, New York law requires two qualified “psychiatric examiners” (PEs) to examine the defendant. A PE may be either a licensed psychiatrist or psychologist and may use any method accepted in their professional field for assessing patients suspected of mental illness or cognitive deficits. A defendant also has the right to have their own PE present to challenge any findings by the two assigned PEs.

If both PEs decide the defendant is not an “incapacitated person,” the court may choose to hold a competency hearing. If that hearing finds the defendant is competent, the case proceeds. 

If both PEs decide the defendant is an “incapacitated person,” the court also has the option to hold a competency hearing. If either the defense or prosecution moves for a hearing, the court is required to hold it. 

Courts are also required to hold a hearing if the two PEs disagree as to whether the defendant is an incapacitated person or not. 

Mental Disease or Defect

CPL 730 doesn’t define “mental disease or defect.” Conditions that often fall under this heading include

• Certain mental illness diagnoses, such as schizophrenia,
• Serious developmental disabilities,
• Serious intellectual disabilities, and
• Cognitive impairment. 

These conditions can arise from a variety of causes. Some are lifelong conditions, while others may appear later in life or form as the result of an accident or injury.

What every “mental disease or defect” under CPL 730 has in common is that the condition prevents the person from understanding what they’ve been charged with or assisting in their own defense. 

Determining someone has a “mental disease or defect” under CPL 730 is a legal decision, not a medical one. The court doesn’t diagnose anyone with a medical condition; instead, the court determines whether or not the person understands what is happening to them in the court system or can participate in their own defense. 

What Happens After a 730 Hearing

If the defendant is found fit to proceed, the case continues just like any criminal case. 

If the defendant is found to be an “incapacitated person,” however, the case doesn’t move forward like any other case. Instead, the court may choose to wait and see whether the defendant becomes able to stand trial. 

However, the defendant cannot be held for longer than necessary to “determine whether there is a substantial probability that [the defendant] will attain capacity in the foreseeable future,” according to the US Supreme Court. An incapacitated person cannot be held forever. The goal of this confinement is to provide medical care to address the person’s incapacity.

Not Guilty by Reason of Insanity (NGRI)

A competency hearing doesn’t determine whether the charged person qualifies for an “insanity” defense or plea. Instead, it asks whether the person can understand and participate in the criminal trial process. 

A person who wishes to present the claim that a “mental disease or defect” prevented them from having responsibility for their actions must file a “not guilty by reason of insanity” (NGRI) plea. 

In an NGRI plea, the defendant and their attorney argue that, when the charged behavior occurred, the defendant’s mental disease or defect prevented them from substantially knowing or understanding either the “nature and consequences” of their actions or that their actions were wrong. 

An NGRI plea or argument is not a “get out of responsibility free” card. Even a successful argument may result in a defendant facing time in medical care for treatment of their condition. It is important to speak to an experienced attorney to understand how such a plea might affect your case. 

Talk to an Experienced Mental Health Competency Lawyer Today

At the Brill Legal Group, our attorneys focus on providing a robust defense for each of our clients. We can help you at every stage of the process, representing you and defending your legal rights during mental health competency exams and afterward.

To learn more about our services or ask questions about your specific case, reach out to us today to schedule a consultation with our experienced New York defense attorneys.