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New York State Conference of Local Mental Hygiene Directors Celebrates Legislative Approval of Landmark Competency Restoration Reform Bills

Albany, NY – June 9, 2026 – After years of advocacy, the New York State (NYS) Conference of Local Mental Hygiene Directors (“the Conference”) celebrates legislative approval of two landmark bills aimed at improving New York’s competency restoration system and advancing a comprehensive review of the State’s decades-old statutory framework governing defendants found incompetent to stand trial.

The legislation, S.1004-B/A.5567-B and S.10309/A.11024, both sponsored by Senator Samra Brouk and Assemblymember Jo Anne Simon, represents significant action to address longstanding concerns with outdated provisions under Section 730 of the State’s Criminal Procedure Law (CPL).

Both bills now advance to Governor Kathy Hochul for consideration.

For years, the Conference, representing the Directors of Community Services (DCSs)/Commissioners of Mental Health for the 57 counties and City of New York, has raised concerns about a process that has led to prolonged forensic hospitalizations, increasing county costs, and limited alternatives to inpatient restoration, while continuing to be governed by statutory provisions that no longer reflect current behavioral health practices or the realities faced by local communities.

Working alongside the New York State Association of Counties (NYSAC), the Conference has repeatedly called on State leaders to examine and modernize New York's competency restoration process. Together, the organizations have highlighted the growing fiscal burden on counties, the need for more clinically appropriate pathways for individuals mandated by the court to undergo this process, and the importance of reinvesting resources into local systems of care.

"Last week's action by the Legislature marks a significant milestone in our multi-year effort to modernize New York's competency restoration process," said Courtney L. David, Executive Director of the New York State Conference of Local Mental Hygiene Directors. "Our members have repeatedly sounded the alarm that the laws governing this process do not meet the clinical and judicial realities of today. In some counties, between one-quarter and two-thirds of individuals committed for restoration cycle through the court system multiple times on the same charge, affecting hundreds of people each year. These new measures represent an important step toward reducing those recurring cycles and creating a more clinically appropriate process for individuals who, due to the severity of their illness, are unable to understand the charges brought against them. We are extremely grateful that members of the Senate and Assembly heard our appeals for action and approved these meaningful pieces of legislation."

Under current law, counties are responsible for paying 100% of the costs for these court-ordered services provided in state forensic facilities. Currently, costs for these services exceed $1,300 per day/per individual.  Some individuals have been kept in restoration for 3, 6, or even 10 years even though psychiatric examiners say the majority of individuals can be restored within 90 to 120 days. Not only does this violate basic human liberties, but these practices cost counties millions of dollars annually and divert critical resources away from the local behavioral health system.

S.1004-B/A.5567-B seeks to address these longstanding concerns by creating a clearer statutory framework for competency restoration, requiring greater examination of whether restoration is reasonably achievable, and promoting more regular judicial review of restoration commitments. The legislation seeks to ensure that individuals who are unlikely to benefit from restoration services receive more appropriate treatment while reducing unnecessary and prolonged stays in forensic settings.

The Legislature also approved S.10309/A.11024, which establishes a statewide multidisciplinary workgroup to evaluate current practices, explore outpatient competency restoration models, identify opportunities to reduce unnecessary hospitalization, improve outcomes, and promote more efficient use of state and local resources.

Together, these bills represent both immediate reform and a roadmap for future modernization of New York's competency restoration process.

"Across New York, DCSs have watched increasing numbers of individuals with serious mental illness, intellectual and developmental disabilities, and other complex needs become entangled in a system that often struggles to connect them with the right care at the right time," said Laura Kelemen, LCSW-R, Director of Community Mental Health & Substance Abuse Services for Niagara County and Chair of the New York State Conference of Local Mental Hygiene Directors. "Workforce shortages and limited service capacity have left too many people cycling through courts and jails without addressing their underlying treatment needs. These bills represent an important step toward modernizing laws that have remained largely unchanged for decades, promoting greater collaboration, information sharing, and involvement of county Directors in the competency restoration process and discharge planning. Ultimately, these efforts will help individuals receive appropriate, evidence-based care while allowing cases to move more effectively through the judicial process."

The Conference extends its sincere appreciation to the bill sponsors, Senator Samra Brouk and Assemblymember Jo Anne Simon, for their leadership and commitment to advancing this critical legislation. 

“For too long, individuals deemed incompetent to stand trial have been sent to state hospitals, where the focus rests on the cognitive ability required to understand criminal proceedings so they can legally stand trial instead of prioritizing recovery and treatment. My bills, S.1004-B and S.10309, respectively, require clarifying the competency restoration framework to determine if it is unsuitable for some individuals and establishing a workgroup to evaluate the system and develop recommendations to improve competency restoration. These bills will reduce unnecessary hospitalization and improve the use of state and local resources to better serve residents in need,” said Senator Samra Brouk, Chair, Committee on Mental Health.

"People with mental illness so severe that they are incompetent to stand trial can languish in our jails for months while waiting for services and court proceedings to move forward. Some people cycle back and forth between jail and psychiatric facility for years. My bill creates a faster path to restoration and accountability, promotes more appropriate treatment options, and provides greater access to care. My other bill creates an ongoing work group to monitor, assess, and advise as we reform this process. I urge Governor Hochul to sign these bills so we can build a more effective, humane, and clinically appropriate competency restoration system,” said Assemblymember Jo Anne Simon, Chair, Committee on Mental Health. 

“Counties have been bearing the full cost of a broken system for far too long. At over $1,300 per individual per day—with some stays lasting years—the financial burden on local taxpayers is unsustainable. These bills will help ensure that individuals get appropriate care while freeing up county resources to invest in the local behavioral health services our communities need. NYSAC commends the Legislature for advancing these long-overdue reforms and urges Governor Hochul to sign both bills into law,” said Stephen J. Acquario, Esq., Executive Director of the New York State Association of Counties.

The Conference also recognizes the contributions of its government relations team at Albany Strategic Advisors, whose guidance and advocacy over multiple legislative sessions helped elevate this issue and build support for these reforms.

"As the Conference marks its 50^th anniversary this year, we are encouraged to see long-overdue momentum toward reforming a process that has placed significant demands on county resources and too often failed to serve individuals with complex needs who become involved in the court system. We respectfully urge Governor Hochul to sign these bills into law to ensure a more effective, coordinated, and person-centered approach to competency restoration in New York,” said Ms. David.

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About the New York State Conference of Local Mental Hygiene Directors

The New York State Conference of Local Mental Hygiene Directors (“the Conference”) was established pursuant to Article 41 of the Mental Hygiene Law and represents the Directors of Community Services/Commissioners of Mental Health for the 57 counties and City of New York. Directors of Community Services are responsible for planning, oversight, and coordination of local systems of care for individuals with mental illness, substance use disorders, and intellectual and developmental disabilities, serving as the critical link between state policy and local implementation.