When the court orders a psychiatric examination pursuant to article 730 of the Criminal Procedure Law (730 examination), the longstanding practice has been to either remand or set significant bail on the defendant unless the court is assured the defendant will appear for the examination.
This practice is sure to be tested under the comprehensive overhaul of New York’s bail system signed into law by Gov. Andrew Cuomo on April 1, 2019. L. 2019, c. 59, effective Jan. 1, 2020. Part 1 of this article discussed whether a defendant who appears unfit can still be remanded or have bail set under the new statute. Today’s Part 2 will explore whether other options are available to facilitate a successful completion of a 730 examination.
Alternatives to Remand: What Is a Judge To Do?
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