New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20
Section 541.10 - Discharge order

(a) A defendant originally committed to the custody of the commissioner pursuant to the provisions of section 330.20 of the Criminal Procedure Law, or former section 330.20 of such law or former section 454 of the Code of Criminal Procedure, may not be discharged except pursuant to a court order.

(b) The Director of Forensic Services may apply for a discharge order when a defendant has been continuously on an outpatient status for three years or more pursuant to a release order. The Director of Forensic Services must be of the view that the defendant does not have a dangerous mental disorder, is no longer mentally ill, and that issuance of a discharge order would be consistent with the public safety and welfare of the community and the defendant.

(c) The Director of Forensic Services shall apply for a discharge order to the court which issued the release order or to a superior court in the county in which the defendant is residing. The application shall be on forms jointly approved by the commissioner and the Office of Court Administration and shall be accompanied by a current psychiatric report. The psychiatric examiner shall be prepared to testify in support of the application. The district attorney, the defendant, counsel for the defendant and the Mental Health Information Services shall be given at least 10 days' written notice of the application.

(d) The issuance of a discharge order results in the termination of the order of conditions and the commissioner's responsibility for the defendant. When a defendant has been discharged pursuant to subdivision 13 of Criminal Procedure Law, section 330.20, neither the commissioner nor the district attorney may thereafter apply for a recommitment order.