New York legal term
Mentally ill in New York Criminal Law
Current through 2026 New York legislative session
In New York criminal law, “Mentally ill” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the New York criminal code.
What does “Mentally ill” mean in New York criminal law?
"Mentally ill" means that a defendant currently suffers from a mental illness for which care and treatment as a patient, in the in-patient services of a psychiatric center under the jurisdiction of the state office of mental health, is essential to such defendant's welfare and that his or her judgment is so impaired that he is unable to understand the need for such care and treatment; and, where a defendant has a developmental disability, the term "mentally ill" shall also mean, for purposes of this section, that the defendant is in need of care and treatment as a resident in the in-patient se (N.Y. Criminal Procedure Law § 330.20)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.