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 541.7 - Order of transfer

(a) A defendant in a secure facility, pursuant to a retention order or a recommitment order, may not be transferred to a nonsecure facility unless the court that issued the commitment order or recommitment order, or a superior court in the county in which the secure facility is located, issues a transfer order.

(b) The Director of Forensic Services may apply for a transfer order upon the recommendation of the clinical director, after consultation with the hospital forensics committee, in accordance with the procedures described in section 541.9 of this Part. The application shall be made on forms jointly adopted by the commissioner and the Office of Court Administration and shall be accompanied by a current psychiatric report. The Director of Forensic Services shall give written notice of the application to the district attorney, the defendant, the counsel for the defendant and the Mental Health Information Service.

(c) The application and psychiatric report shall contain facts and opinions to substantiate the view that the defendant does not have a dangerous mental disorder or that, consistent with the public safety and welfare of the community and the defendant, the clinical condition of the defendant warrants transfer from a secure facility to a nonsecure facility.

(d) The application shall contain the name and address of the nonsecure facility under the jurisdiction of the commissioner to which the defendant would be transferred, and shall include recommendations of conditions which would be necessary and appropriate.

(e) 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 transfer order.

(f) If the court issues a transfer order, the Director of Forensic Services shall transfer the defendant to the nonsecure facility designated on the application, or to a nonsecure facility designated in the transfer order, if different. The defendant's clinical records and copies of all court orders shall be transferred with him. The conditions contained in the order of conditions issued in conjunction with the transfer order shall be observed.