§ 730.10 Fitness to proceed; definitions.\n As used in this article, the following terms have the following\nmeanings:\n 1. "Incapacitated person" means a defendant who as a result of mental\ndisease or defect lacks capacity to understand the proceedings against\nhim or to assist in his own defense.\n 2. "Order of examination" means an order issued to an appropriate\ndirector by a criminal court wherein a criminal action is pending\nagainst a defendant or by a court evaluating the capacity of an alleged\nviolator in a parole revocation proceeding pursuant to subparagraph\n(xii) of paragraph (f) of subdivision three of section two hundred\nfifty-nine-i of the executive law, or by a family court pursuant to\nsection 322.1 of the family court act wherein a juvenile delinquency\nproceeding is pending against a juvenile, directing that such person be\nexamined for the purpose of determining if he is an incapacitated\nperson.\n 3. "Commissioner" means the state commissioner of mental health or the\nstate commissioner of the office for people with developmental\ndisabilities.\n 4. "Director" means (a) the director of a state hospital operated by\nthe office of mental health or the director of a developmental center\noperated by the office for people with developmental disabilities, or\n(b) the director of a hospital operated by any local government of the\nstate that has been certified by the commissioner as having adequate\nfacilities to examine a defendant to determine if he is an incapacitated\nperson, or (c) the director of community mental health services.\n 5. "Qualified psychiatrist" means a physician who:\n (a) is a diplomate of the American board of psychiatry and neurology\nor is eligible to be certified by that board; or,\n (b) is certified by the American osteopathic board of neurology and\npsychiatry or is eligible to be certified by that board.\n 6. "Certified psychologist" means a person who is registered as a\ncertified psychologist under article one hundred fifty-three of the\neducation law.\n 7. "Psychiatric examiner" means a qualified psychiatrist or a\ncertified psychologist who has been designated by a director to examine\na defendant pursuant to an order of examination.\n 8. "Examination report" means a report made by a psychiatric examiner\nwherein he sets forth his opinion as to whether the defendant is or is\nnot an incapacitated person, the nature and extent of his examination\nand, if he finds that the defendant is an incapacitated person, his\ndiagnosis and prognosis and a detailed statement of the reasons for his\nopinion by making particular reference to those aspects of the\nproceedings wherein the defendant lacks capacity to understand or to\nassist in his own defense. The state administrator and the commissioner\nmust jointly adopt the form of the examination report; and the state\nadministrator shall prescribe the number of copies thereof that must be\nsubmitted to the court by the director.\n 9. "Appropriate institution" means: (a) a hospital operated by the\noffice of mental health or a developmental center operated by the office\nfor people with developmental disabilities; or (b) a hospital licensed\nby the department of health which operates a psychiatric unit licensed\nby the office of mental health, as determined by the commissioner\nprovided, however, that any such hospital that is not operated by the\nstate shall qualify as an "appropriate institution" only pursuant to the\nterms of an agreement between the commissioner and the hospital. Nothing\nin this article shall be construed as requiring a hospital to consent to\nproviding care and treatment to an incapacitated person at such\nhospital.\n
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