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 110.6 - Second retention order
Current through Register Vol. 46, No. 39, September 25, 2024
(a) When a defendant is in the custody of the commissioner pursuant to a first retention order, the commissioner must, at least 30 days prior to the expiration of the period prescribed in the order, apply to the court that issued the order, or to a superior court in the county where the facility is located, for a second retention order or a release order [C PL 330.20(9)]. Upon receipt of such application, the court may, on its own motion, conduct a hearing to determine whether the defendant has a dangerous mental disorder, and it must conduct such hearing if a demand therefor is made by one of the parties.
(b) Form J prescribes the form and contents of the application for a second retention order and the notice of application. Form Q prescribes the form and contents of the application for a release order and the notice of application. Following the submission of either such application pursuant to subdivision 9 of C PL 330.20, if the court finds that the defendant has a dangerous mental disorder it must issue a second retention order. The form and contents of this second retention order are prescribed in Form K.
(c) Following the submission of an application for a second retention order (Form J) or an application for a release order (Form Q) pursuant to subdivision 9 of C PL 330.20, if the court finds that the defendant is mentally ill but does not have a dangerous mental disorder, it must issue the following three orders:
(d) Following the submission of an application for a second retention order (Form J) or an application for a release order (Form Q) pursuant to subdivision 9 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 issue the following two orders:
