Section 730.10. Fitness to proceed; definitions

As  used  in  this  article,  the  following  terms have the following
  meanings:
    1. "Incapacitated person" means a defendant who as a result of  mental
  disease  or  defect lacks capacity to understand the proceedings against
  him or to assist in his own defense.
    2. "Order of examination" means an  order  issued  to  an  appropriate
  director  by  a  criminal  court  wherein  a  criminal action is pending
  against a defendant, or by a family court pursuant to section  322.1  of
  the  family  court  act  wherein  a  juvenile  delinquency proceeding is
  pending against a juvenile, directing that such person be  examined  for
  the purpose of determining if he is an incapacitated person.
    3. "Commissioner" means the state commissioner of mental health or the
  state commissioner of mental retardation and developmental disabilities.
    4.  "Director"  means (a) the director of a state hospital operated by
  the office of mental health or the director of  a  developmental  center
  operated   by   the  office  of  mental  retardation  and  developmental
  disabilities, or (b) the director of a hospital operated  by  any  local
  government  of  the state that has been certified by the commissioner as
  having adequate facilities to examine a defendant to determine if he  is
  an  incapacitated person, or (c) the director of community mental health
  services.
    5. "Qualified psychiatrist" means a physician who:
    (a) is a diplomate of the American board of psychiatry  and  neurology
  or is eligible to be certified by that board; or,
    (b)  is  certified  by the American osteopathic board of neurology and
  psychiatry or is eligible to be certified by that board.
    6. "Certified psychologist" means a person  who  is  registered  as  a
  certified  psychologist  under  article  one  hundred fifty-three of the
  education law.
    7.  "Psychiatric  examiner"  means  a  qualified  psychiatrist  or   a
  certified  psychologist who has been designated by a director to examine
  a defendant pursuant to an order of examination.
    8. "Examination report" means a report made by a psychiatric  examiner
  wherein  he  sets forth his opinion as to whether the defendant is or is
  not an incapacitated person, the nature and extent  of  his  examination
  and,  if  he  finds  that  the defendant is an incapacitated person, his
  diagnosis and prognosis and a detailed statement of the reasons for  his
  opinion   by  making  particular  reference  to  those  aspects  of  the
  proceedings wherein the defendant lacks capacity  to  understand  or  to
  assist  in his own defense. The state administrator and the commissioner
  must jointly adopt the form of the examination  report;  and  the  state
  administrator  shall prescribe the number of copies thereof that must be
  submitted to the court by the director.