New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter II - Cpl Section 330.20 Forms
Forms (cf. Part 110)
Form K - Second retention order
FORM K
SECOND RETENTION ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
A Second Retention Order Pursuant to
C PL 330.20 in Relation to
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found not responsible by reason of mental disease or defect and having been thereafter committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility for a period of six months for care and treatment pursuant to a commitment order issued under the provisions of subdivision 6 of C PL 330.20 by the following court on the following date:
[Name of court] ____________
[Date] ____________
And, a transfer order having been thereafter issued under the provisions of subdivision 11 of C PL 330.20 by the following court on the following date:
[Name of count] ____________
[Date of transfer order] ____________
And, a release order having been thereafter issued under the provisions of subdivision 12 of C PL 330.20 by the following court on the following date:
[Name of court] ____________
[Date of release order] ____________
And, the above-named defendant having been thereafter committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility for a period of six months for care and treatment pursuant to a recommitment order issued under the provisions of subdivision 14 of C PL 330.20 by the following court on the following date:
[Name of court]____________
[Date of order] ____________
And, the Commissioner of Mental Health being thereafter authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed one year from the expiration of the period prescribed in the aforesaid commitment order recommitment order by a first retention order issued under the provisions of subdivision 8 of C PL 330.20 by the following court on the following date:
[Name of court] ____________
[Date of first retention order] ____________
And, pursuant to the aforesaid first retention order, the above-named defendant being currently confined in the following secure facility nonsecure facility of the State Office of Mental Health: ____________;
And, the period prescribed in the aforesaid first retention order expiring on ____________;
And, an application having been made pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental Health for a release order or second retention order to authorize the continued custody of the above-named defendant by the Commissioner of Mental Health for a period not to exceed two years from the date of the expiration of the aforesaid first retention order;
And, a demand for a hearing not having been made;
And, a demand for a hearing having been made, and such hearing having been held on ____________;
And, the court on its own motion, having conducted a hearing on ____________;
And, due deliberation thereon having been had,
And, the court having found that the above-named defendant currently suffers from a dangerous mental disorder as that term is defined in paragraph; (c) of subdivision 1 of C PL 330.20;
does not currently suffer from a dangerous mental disorder as that term is defined in paragraph (c) of subdivision 1 of C PL 330.20, but that the said defendant currently suffers from a mental illness as that term is defined in paragraph (d) of subdivision 1 of C PL 330.20; [Note: If this box is checked, the court must also issue a transfer order and an order of conditions if the above-named defendant is currently confined in a secure facility pursuant to the first retention order.]
It is hereby
ORDERED that the Commissioner of Mental Health is authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed two years from the expiration of the period prescribed in the aforesaid first retention order.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
