Assemblyman Ken Blankenbush (R,C-Black River) today called for renewed focus on legislation that would modernize New York’s mental health restoration process for defendants deemed unfit to stand trial,a reform that failed to advance this session despite bipartisan interest and a clear need for change.

The bill (A.5567A), co-sponsored by Blankenbush, would bring New York into compliance with Jackson v. Indiana and Ritter v. Surles, two landmark court decisions that found existing laws unconstitutional. The proposal would ensure restoration services — which are intended only to determine a defendant’s legal capacity, not treat underlying mental illness — are used only when there is a reasonable probability they will be effective.

“This legislation is common sense,” said Blankenbush. “It protects due process, it prevents wasteful spending and it ensures our mental health system is used for treatment, not legal limbo.”

Under current law, individuals who are developmentally disabled or severely mentally ill can be institutionalized for months or even years while the state attempts to restore their legal competency — often at a cost of more than $1,000 per day to county taxpayers. In many cases, defendants are ultimately returned to court only to have their charges reduced or dismissed.

“This is a broken system,” Blankenbush continued. “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 legislation would also require the state Office of Mental Health (OMH) and Office for People With Developmental Disabilities (OPWDD) to establish clear standards for evaluations and restoration determinations. It would allow courts to refer individuals to civil proceedings when criminal restoration is not appropriate — providing a path forward that respects both public safety and individual rights.

While the bill did not make it to the Assembly floor this year, Blankenbush plans to work with legislators to continue building momentum to get this bill passed during the next legislative session.

“We need to fix this,” said Blankenbush. “It’s not just about dollars, it’s about dignity, constitutionality and using our resources where they can actually help people.”