New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction
Form 16-d - Temporary order of observation

Current through Register Vol. 45, No. 52, December 27, 2023

CPL Article 730

FORM 16-d



________ COURT OF ________

COUNTY OF ________





________, Docket No. ________



The above named defendant, having been charged with ________, in violation of ________, and having been examined pursuant to an order of this Court by ________ psychiatric examiners, qualified in accordance with law, and examination reports thereon having been made to this Court, and the District Attorney and counsel for the defendant having been given copies of such examination reports, copies of which are hereto attached,

(Strike out one of the following two paragraphs)

AND no motion for a hearing having been made,

AND a hearing having been held on the ________ day of ________and the following persons having appeared ____________



AND it appearing to my satisfaction that the said defendant as a result of mental disease or defect lacks capacity to understand the proceedings against (him) (her) or to assist in (his) (her) own defense,

AND it further appearing that a felony complaint has been filed against the defendant,

NOW, on motion of ____________, it is

ORDERED that the above named defendant be committed to the care and custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility of the (OMH) (OMRDD) to be designated by the appropriate Commissioner for a period not to exceed ninety days from the date of this order, and it is further

ORDERED that if the person in charge of the facility in which the defendant is confined determines at any time that the defendant is no longer an incapacitated person, such person shall give notice in writing of such determination to this Court and to the District Attorney, and it is further

ORDERED that the defendant, if (he) (she) be in detention, be continued in detention at ________, pending designation of an appropriate facility by the Commissioner of (OMH) (OMRDD), and upon notice by the Commissioner of the designated facility be delivered thereto by the (Sheriff) (Commissioner of Correction of the City of New York).

Dated: ____________


Judge or Justice

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