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Senate bill · S10309 (2025-26)

Relates to a competency restoration workgroup to evaluate

PassedLatest action Jun 4, 2026

New York State Senate

Same as A11024, the matching bill in the Assembly.

Sponsor

Samra Brouk

State Senator, District 55 · Democratic/Working Families

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Summary

Establishes a competency restoration workgroup to evaluate and improve the efficiency and effectiveness of the competency restoration process as it relates to defendants who are being evaluated and receiving restoration under article seven hundred thirty of the criminal procedure law to permit legal proceedings to resume without undue delay.

Summary from NY Open Legislation. How we handle summaries

Amends the Mental Hygiene Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

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Purpose, from the sponsor's memo

Section 1 amends the mental hygiene law by adding a new Section to establish a statewide Competency Restoration Work Group. The commissioner of the office of mental health and the commissioner of the office for people with developmental disabilities shall convene the Statewide Competency Restoration Workgroup which shall consist of nine- teen members who may appoint a designee. The workgroup shall produce a report to improve the efficiency and effectiveness of the competency restoration process including recommen- dations on how to: (a) reduce the number of defendants in restoration services and their length of stay; (b) lower the recidivism rate for individuals discharged from restoration services; (c) evaluate the effectiveness of competency curriculums and restoration programs; (d) recommend reforms to improve efficiency and effectiveness; (e) expand treatment options such as outpatient and community-based programs or tailored curriculums; (f) assess trends in the number of defendants ordered into restoration and recommend necessary reforms; (g) improve coordination among state and local agencies, law enforcement, district attorneys, and courts; (h) and review funding models to ensure proper allocation between county and state.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Mental Health · New York State Assembly

Also referred to Mental Health · New York State Senate, Ways and Means · New York State Assembly.

Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic2

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The sponsor's argument

Why Samra Brouk says this is needed

When a person is deemed incompetent to stand trial, legal proceedings are paused, and the person is sent to state hospitals to restore compe- tency. This workgroup is needed to determine the best practices for competency restoration in New York State. As it currently stands, compe- tency restoration is not serving this population of New York State adequately and is creating a significant burden on our courts, state hospitals, and jails. Judges frequently mistake competency restoration for mental health treatment though these are two distinct services. People mandated to competency restoration services often spend longer times in jail during this restoration than the sentence for their crime would have been, creating longer sentences, higher levels of incarceration, and exacer- bating the symptoms that caused the incompetency determination in the first place. Disability advocates argue these excessive restoration periods violate the Americans with Disabilities Act. Additionally, per diem costs for competency restoration are extremely high at approximately $1,300 per day, and this cost must be shouldered by the county when services are given in a state-run hospital. This diverts hundreds of millions of dollars from local behavioral health care services which are so crit- ically needed. In a moment when county and state budgets are stretched thin, these funds must be returned to their appropriate usage as invest- ment in local mental health services and community incarceration diver- sion programs. Best practices for improving New York State's competency restoration include gathering a diverse group of stakeholders to analyze the current functioning and draft improvements in efficiency and effectiveness through this workgroup. Engaging with workgroup members across the State and areas of expertise will foster creation of a competency restoration process better suited to meet each community's needs. FISCAL IMPACT ON THE STATE: To be determined.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Committee vote · Rules

    Senate RulesJun 1, 2026Result: passed

    (20) (0) (0) (1)
  • Vote: Floor vote

    NY SenateJun 1, 2026Result: passed

    (60) (0) (0) (3)

Full history

  1. Jun 4, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  2. Jun 4, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  3. Jun 4, 2026

    Rules Report CAL.515

    RULES REPORT CAL.515

    NY Assembly

  4. Jun 4, 2026

    Substituted

    SUBSTITUTED BY S10309

    NY Assembly

  5. Jun 1, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

Show full history (7 earlier events)
  1. Jun 1, 2026

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  2. Jun 1, 2026

    Ordered to Third Reading CAL.1513

    ORDERED TO THIRD READING CAL.1513

    NY Senate

  3. Jun 1, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Jun 1, 2026

    Referred to committee

    REFERRED TO WAYS AND MEANS

    NY Assembly

  5. May 12, 2026

    Referred to committee

    REFERRED TO MENTAL HEALTH

    NY Senate

  6. Apr 28, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  7. Apr 23, 2026

    Referred to committee

    REFERRED TO MENTAL HEALTH

    NY Assembly