Assemblyman Ken Blankenbush has called for renewed attention to a legislative proposal aimed at reforming New York’s mental health restoration process for defendants deemed unfit to stand trial. The bill, identified as A.5567A and co-sponsored by Blankenbush, seeks to align state law with the decisions in Jackson v. Indiana and Ritter v. Surles, which declared existing laws unconstitutional.
The proposed legislation aims to ensure that restoration services are applied only when there is a reasonable probability of success in determining a defendant’s legal capacity, rather than addressing underlying mental health issues. “This legislation is common sense,” stated Blankenbush. “It protects due process, it prevents wasteful spending and it ensures our mental health system is used for treatment, not legal limbo.”
Currently, individuals who are developmentally disabled or severely mentally ill may be institutionalized for extended periods while the state attempts to restore their competency, often costing county taxpayers over $1,000 per day. Many such cases result in charges being reduced or dismissed once defendants return to court.
“This is a broken system,” Blankenbush remarked. “We’re spending hundreds of thousands of dollars on people who will never stand trial when those funds could instead be invested in real community-based mental health care.”
The bill also proposes that the state Office of Mental Health (OMH) and Office for People With Developmental Disabilities (OPWDD) establish clear standards for evaluations and restoration determinations. It would allow courts to refer individuals to civil proceedings when criminal restoration is inappropriate, balancing public safety with individual rights.
Although the bill did not reach the Assembly floor this year, Blankenbush intends to collaborate with other legislators to advance it in the next session. “We need to fix this,” he said. “It’s not just about dollars, it’s about dignity, constitutionality and using our resources where they can actually help people.”
