New York Consolidated Laws

N.Y. Criminal Procedure Law § 730.30 (2026)

Fitness to proceed; order of examination

✓ current as of May 2026

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§ 730.30  Fitness to proceed; order of examination.
  1.  At any time after a defendant is arraigned upon an accusatory
instrument other than a felony complaint and before the imposition of
sentence, or at any time after a defendant is arraigned upon a felony
complaint and before he is held for the action of the grand jury, the
court wherein the criminal action is pending must issue an order of
examination when it is of the opinion that the defendant may be an
incapacitated person.
  2.  When the examination reports submitted to the court show that each
psychiatric examiner is of the opinion that the defendant is not an
incapacitated person, the court may, on its own motion, conduct a
hearing to determine the issue of capacity, and it must conduct a
hearing upon motion therefor by the defendant or by the district
attorney.  If no motion for a hearing is made, the criminal action
against the defendant must proceed.  If, following a hearing, the court
is satisfied that the defendant is not an incapacitated person, the
criminal action against him must proceed; if the court is not so
satisfied, it must issue a further order of examination directing that
the defendant be examined by different psychiatric examiners designated
by the director.
  3.  When the examination reports submitted to the court show that each
psychiatric examiner is of the opinion that the defendant is an
incapacitated person, the court may, on its own motion, conduct a
hearing to determine the issue of capacity and it must conduct such
hearing upon motion therefor by the defendant or by the district
attorney.
  4.  When the examination reports submitted to the court show that the
psychiatric examiners are not unanimous in their opinion as to whether
the defendant is or is not an incapacitated person, or when the
examination reports submitted to the superior court show that the
psychiatric examiners are not unanimous in their opinion as to whether
the defendant is or is not a dangerous incapacitated person, the court
must conduct a hearing to determine the issue of capacity or
dangerousness.

Notes of Decisions

Cited in 3 cases, 1997–2005 · leading case: People v. Mendez, 801 N.E.2d 382 (NY 2003).

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People v. Mendez, 801 N.E.2d 382 (NY 2003). “After a grand jury indicted defendant for murder, County Court ordered that she undergo a competency examination pursuant to Criminal Procedure Law § 730.30. The court and the parties received the results, by which defendant was found competent to stand trial.”

Johnson v. Keane, 974 F. Supp. 225 (S.D.N.Y. 1997). “Criminal Procedure Law § 730.30 provides in pertinent part that: 1.”

Matter of P.C., 2005 NY Slip Op 52232(U) (N.Y. Fam. Ct., Nassau Cty. 2005). “1 (hereinafter "FCA") and Criminal Procedure Law §730.30 (hereinafter "CPL"), to determine whether the respondent is an "incapacitated person" within the meaning of the law [FCA §301.”

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