Section 730 Criminal Code

730 1 where an accused other than an organization pleads guilty to or is found guilty of an offence other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life the court before which the accused appears may if it considers it to be in the best interests of the accused and not contrary to the public interest instead of convicting the accused by order direct that the accused be discharged absolutely.

Section 730 criminal code. S 730 40 fitness to proceed. This assessment takes place so that court appointed expert can provide an opinion and recommendation to the court. Local criminal court accusatory instrument.

When a local criminal court following a hearing conducted pursuant to subdivision three or four of section 730 30 is satisfied that the defendant is not an incapacitated person the criminal action against him or her must proceed. A 730 evaluator is the court s appointed expert and is not hired by either party. A an order for the examination of a defendant to determine whether he is an incapacitated person under article 730 of the criminal procedure law shall be addressed to the director of community mental health services of the county where the criminal action is pending except in the city of new york where the order shall be addressed to the director of community mental health services of such city.

A 730 evaluation is a court appointed expert s assessment. When a superior court following a hearing conducted pursuant to subdivision three or four of section 730 30 of this article is satisfied that the defendant is not an incapacitated person the criminal action against him or her must proceed. The sum of the payment to any state other than guam american samoa the virgin islands and the commonwealth of the northern mariana islands under this subsection for any fiscal year which is less than of 1 percent of the amount appropriated under section 720 b 1 of this title or 3 000 000 whichever is greater shall be increased to that amount the total of the increases thereby.

1 where an accused other than an organization pleads guilty to or is found guilty of an offence other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life the court before which the accused appears may if it considers it to be in the best interests of the accused and not contrary to the public interest instead of convicting the accused by order direct that the accused be discharged absolutely.