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 541.6 - Furlough order

(a) A furlough order must be obtained before a defendant in the custody of the commissioner pursuant to a commitment order, recommitment order or retention order may leave the facility for any period of time up to 14 days, with or without the constant supervision of one or more facility employees. Temporary absence from the facility for medical treatment, court appearance or to attend the funeral of an immediate family member does not require a furlough order.

(b) The Director of Forensic Services may apply to the court which issued the commitment or recommitment order, or a superior court in the county in which the facility is located, for a furlough order upon the recommendation of the clinical director after consultation with the hospital forensics committee.

(c) The application shall be made on forms jointly approved by the commissioner and the Office of Court Administration and shall be accompanied by a current psychiatric report. The commissioner shall give written notice of the application to the district attorney, the defendant, the counsel for the defendant and the Mental Health Information Service.

(d) The Director of Forensics Services shall apply for a furlough order only if the current psychiatric reports support the view that issuance of the order is warranted by the clinical condition of the defendant and would be consistent with the public safety and welfare of the community and defendant. The treatment team leader or a psychiatrist or psychologist familiar with the defendant's current mental condition and case history shall be prepared to testify in support of the application for a furlough order. The Director of Forensic Services shall make recommendations of terms and conditions to the court.

(e) Upon issuance of the furlough order, the clinical director shall extend to the defendant the privileges authorized by such order, but only to the extent and for the duration so authorized. If a change in the defendant's condition warrants suspension of the privileges authorized by the furlough order, the clinical director shall so inform the Director of Forensic Services and may, in the event of an emergency, immediately suspend the privileges.

(f) If the defendant fails to return to the facility at the time specified in the furlough order, he shall be deemed to have escaped and the procedures described in section 541.12 of this Part shall be followed.