New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter I - Standards and Administrative Policies
Subchapter C - Rules Of The Chief Administrator Of The Courts
Part 110 - Procedure Under Cpl 330.20 (jointly Adopted By The State Commissioner Of Mental Health And The Chief Administrator Of The Courts)
Section 110.10 - Release order

(a) When a defendant is in the custody of the commissioner pursuant to a retention order or a recommitment order, the commissioner may apply for a release order pursuant to subdivision 12 of C PL 330.20. The application for a release order may be made to the court that issued the order under which the defendant is then in custody, or to a superior court in the county where the facility is located. Upon receipt of such application, the court must promptly conduct a hearing to determine the defendant's present mental condition.

(b) Form Q prescribes the form and contents of the application for a release order and the notice of application. At the conclusion of the hearing conducted pursuant to subdivision 12 of C PL 330.20, if the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, it must grant the application and issue a release order. The form and contents of this release order are prescribed in Form R.

(c) At the conclusion of the hearing conducted pursuant to subdivision 12 of C PL 330.20, if the court finds that the defendant has a dangerous mental disorder, it must deny the application for a release order.

(d) At the conclusion of the hearing conducted pursuant to subdivision 12 of C PL 330.20, if the court finds that the defendant does not have a dangerous mental disorder but is mentally ill, it must issue a transfer order (Form P) if the defendant is then confined in a secure facility.

(e) A court must also issue a release order (Form R) when, in connection with an application for a first retention order (Form H), a second retention order (Form J), or a subsequent retention order (Form L), the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill [C PL 330.20(12)].

(f) Whenever a court issues a release order (Form R), it must also issue an order of conditions (Form N).

(g) If the court has previously issued a transfer order (Form P) and an order of conditions (Form N), it must issue a new order of conditions upon issuing a release order (Form R).