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 541.11 - Recommitment order
Current through Register Vol. 46, No. 39, September 25, 2024
(a) During the period covered by an order of conditions, including periods when the defendant is subject to a retention order or a release order and prior to the issuance of a discharge order, the Director of Forensic Services or the district attorney may apply for a recommitment order if either is of the view that the defendant has a dangerous mental disorder.
(b) The application shall be made to the court that issued the order of conditions or to a superior court in the county in which the defendant is residing, on forms jointly approved by the commissioner and the Office of Court Administration.
(c) The applicant shall give written notice of the application to the defendant, counsel for the defendant, the Mental Health Information Service and the district attorney if the applicant is the commissioner. If the applicant is the district attorney, he shall notify the Director of Forensic Services.
(d) The application shall contain a description of the facts and circumstances which indicate that the defendant has a dangerous mental disorder. The Director of Forensic Services shall designate one or more persons familiar with the defendant's current mental status to testify at the hearing.
(e) The court shall order the defendant to appear before it for a hearing to determine whether he or she has a dangerous mental disorder. If the defendant fails to appear in court as directed, the court may issue a warrant to an appropriate peace officer directing him to take the defendant into custody and bring him before the court.
(f) If the court issues a recommitment order following a hearing in which it has determined that the defendant has a dangerous mental disorder, the Director of Forensic Services shall not transfer, furlough, release or discharge the defendant except pursuant to court order. When a defendant is in the custody of the Director of Forensic Services pursuant to a recommitment order, the procedures governing retention orders described in section 541.4 of this Part apply.
