North Country Leader

In New York, the process of competency restoration is employed when an individual convicted of a crime is found to be incompetent to stand trial due to active mental illness or disability. The defendant cannot be tried until they have been restored to competency, which is the responsibility of the county where they are being tried. Restoration returns the convicted to a state of competency where they can stand trial, and until this point is reached, they remain in the competency program funded by taxpayer dollars. Once found competent, efforts cease with no after-plan for success in society.

In 2021, Governor Cuomo took administrative action that was not voted upon to require counties to cover 100% of the costs of restoring these defendants to competency. This has resulted in communities incurring millions of dollars in extra payments for this program. Before 2021, these costs were split equally between the state and counties.

"I believe it is time we take a step back and assess whether our counties can continue to bear these costs," said an official from North Country and Mohawk Valley. "Unfortunately, it is unlikely we will see any changes until next year’s budget process begins because it is an unbudgeted expense to the state."

Legislation such as A.5063 and A.1561 aims to provide significant cost savings by ensuring that the state covers part of the expenses associated with competency restoration.

"In the four counties I represent, the burden on taxpayers to rehabilitate an individual to competency is incredibly damaging," stated another local representative. "The costs are through the roof, and there are no negotiations. This is draining funds from our counties."

Trials are held by state judges and individuals are transferred to state facilities; however, all costs fall on the counties without any report on expenditure or patient progress.

"This program is well overdue for a revamp," asserted another county official. "The state at a bare minimum needs to contribute its share to funding competency restoration."

With rising mental health issues creating additional burdens that counties cannot manage alone, officials argue that without state funding, the financial strain will continue crippling local governments.