New York New York


 

 


Competency/ Insanity 

Competency 

Insanity

In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at the time of such conduct, as a result of mental disease or defect, he lacked substantial capacity to know or appreciate either: 1) The nature and consequences of such conduct; or 2) That such conduct was wrong.  NY Penal Law § 40.15

Special Rules

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Sentencing

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Death Penalty 

New York does not have the death penalty. 

Post-Conviction

Provisions relating to care of “mentally ill” in NY correctional institutions – does not specify if this includes I/DD. NY Corr. Law § 16-400 through § 16-405

Provisions relating to sex offender treatment programs in NY correctional institutions – does not specify if this includes I/DD. NY Corr. § 22-622