New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter II - Cpl Section 330.20 Forms
Forms (cf. Part 110)
Form R - Release order
Current through Register Vol. 45, No. 52, December 27, 2023
FORM R
RELEASE ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
A Release 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 now being in the custody of the State Commissioner of Mental Health and confined in a secure facility nonsecure facility for care and treatment pursuant to a commitment order issued under the provisions of subdivision 6 of C PL 330.20
a recommitment order issued under the provisions of subdivision 14 of C PL 330.20
a first retention order issued under the provisions of subdivision 8 of C PL 330.20
a second retention order issued under the provisions of subdivision 9 of C PL 33.20
a subsequent retention order issued under the provisions of subdivision 9 of C PL 330.20
by the following court on the following date:
[Name of court] ____________
[Date of order] ____________
And, an application having been made pursuant to subdivision 8 of C PL 330.20 by the State Commissioner of Mental Health for a first retention order;
And, an application having been made pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental Health for a second retention order;
And, an application having been made pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental Health for a subsequent retention order;
And, an application having been made pursuant to subdivision 12 of C PL 330.20 by the State Commissioner of Mental Health for a release order;
And, a demand for a hearing not having been made;
And, a demand for a hearing having been made, and such hearing 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 no longer has a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of C PL 330.20, and that the above-named defendant is no longer mentally ill, as that term is defined in paragraph (d) of subdivision 1 of C PL 330.20;
It is hereby
ORDERED that the Commissioner of Mental Health is directed to terminate the above-named defendant's inpatient status without terminating the said Commissioner's responsibility for the above-named defendant, and it is further
ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order, or retention order, the Commissioner of Mental Health shall, in accordance with the provisions of subdivision 18 of C PL 330.20, immediately serve a copy of this order upon the following:
1. the District Attorney;
2. the police department having jurisdiction of the area to which the defendant is to be released; and
3. [Any person the court may designate] ________, and it is further
ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order or retention order, the Commissioner of Mental Health shall terminate the above-named defendant's inpatient status four days, excluding Saturdays, Sundays and holidays, after service of a copy of this order upon the police department and person or persons named in the preceding decretal paragraph.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
