New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter II - Cpl Section 330.20 Forms
Forms (cf. Part 110)
Form X - Discharge order

Universal Citation: 22 NY Comp Codes Rules and Regs ยง X
Current through Register Vol. 46, No. 12, March 20, 2024

FORM X

DISCHARGE ORDER

STATE OF NEW YORK

SUPREME COURT COUNTY COURT

PART: ________ COUNTY: ____________

________

IN THE MATTER

of

A Discharge 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 having been committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility 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 of commitment order] ____________

And, the above-named defendant's inpatient status being thereafter terminated by a release order issued by the following court on the following date:

[Name of court] ____________

[Date of release order] ____________

And, the aforesaid court issuing the said release order also issuing on the same date an order of conditions,

And, an application having been made pursuant to subdivision 13 of C PL 330.20 by the State Commissioner of Mental Health for a discharge order,

And, a demand for a hearing not having been made,

And, a demand for a hearing having been made by the District Attorney, 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 has been continuously on an outpatient status for three years or more pursuant to the aforesaid release order,

And, the court having further found that the above-named defendant does not have a dangerous mental disorder and is not mentally ill,

And, the court having further found that the issuance of a discharge order is consistent with the public safety and welfare of the community and the defendant,

It is hereby

ORDERED that the aforesaid order of conditions is terminated.

ORDERED that the above-named defendant is unconditionally discharged from supervision under the provisions of C PL 330.20.

Dated: ________

____________

Justice of the Supreme Court

Judge of the County Court

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