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 541.2 - Examination of defendants found not responsible for alleged criminal actions by reason of mental disease or defect

(a) Upon a verdict that a defendant is not responsible for alleged criminal conduct by reason of mental disease or defect, the court hearing the case will issue an examination order.

(b) The examination order will specify either that the defendant must be examined in a secure facility or that the defendant may be examined on an outpatient basis. The Director of the Bureau of Forensic Services, acting on behalf of the commissioner, will designate the facility at which the defendant will be examined.

(c) A defendant may be confined in a secure facility for the purpose of examination or examined on an outpatient basis for a period of up to 30 days. The 30-day period commences upon admission to the designated facility or upon the defendant's appearance for outpatient examination. In the event that the examination cannot be completed within 30 days, the clinical director shall apply to the court for an extension of the examination period for an additional 30 days, on forms jointly approved by the Office of Court Administration and the Commissioner of Mental Health.

(d) During the period of examination, physicians at the facility may administer any necessary emergency medical or psychiatric treatment of a defendant in the custody of the commissioner pursuant to an examination order.

(e) Upon being advised by the Director of Forensic Services that a defendant subject to an examination order will be examined at his or her facility, the facility director shall designate two psychiatric examiners to examine the defendant and report to the court. The psychiatric examiners may be members of the Hospital Forensics Committee.

(f) Upon completion of their evaluation of the defendant, each psychiatric examiner shall submit a written report of his or her findings to the clinical director. If the reports disagree, the clinical director shall appoint a third psychiatric examiner to examine the defendant.

(g) Upon receipt of all examination reports, the clinical director shall submit the reports to the court that issued the examination order, in the form jointly adopted by the commissioner and the Office of Court Administration. A copy of all forms and examination reports shall be sent to the director of the Bureau of Forensic Services.

(h) Upon receipt of the reports of the psychiatric examiners, the court may appoint additional psychiatric examiners. If this occurs, the additional psychiatric examiners shall be given free access to the defendant and all clinical records pertaining to the defendant.

(i) After receipt of all examination reports, the court that issued the examination order will conduct a hearing, at which the psychiatric examiners may be asked to testify, to determine whether the defendant has a dangerous mental disorder, is mentally ill and in need of care and treatment in a psychiatric center, or is not mentally ill and may be discharged, unconditionally or subject to an order of conditions.

(j) If the court finds after hearing that the defendant has a dangerous mental disorder, it shall commit the defendant to the custody of the Commissioner of Mental Health for confinement in a secure facility for care and treatment for a period of six months from the date of the order. The director of the Bureau of Forensic Services shall designate the secure facility.

(k) If the court finds after hearing that the defendant is mentally ill but does not have a dangerous mental disorder, it shall issue an order of conditions and an order committing the defendant to the custody of the Commissioner of Mental Health or the Commissioner of Mental Retardation and Developmental Disabilities for care and treatment as a civil patient pursuant to article 9 or article 15 of the Mental Hygiene Law.

(l) If the court finds after hearing that the defendant does not have a dangerous mental disorder and is not mentally ill, it shall discharge the defendant either unconditionally or subject to an order of conditions.