New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction
Form 16-f - Order of commitment

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

C.P.L. Article 730

FORM 16-f

12/88

ORDER OF COMMITMENT

________ COURT OF ________

COUNTY OF ________

________x

PEOPLE OF THE STATE OF NEW YORK,

ORDER OF COMMITMENT

- against -

Indictment No. ________

________

Defendant.

________x

The above named defendant, under indictment for or convicted of the felony of ________, in violation of ________; and having been examined pursuant to court order by ________ psychiatric examiners, qualified in accordance with law; and examination reports thereon having made to the court; and the District Attorney and counsel for the defendant having been given copies of such examination reports; and the court having examined such examination reports, copies of which are attached hereto,

(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 appearing further that the maximum term of imprisonment for the highest class of felony charged in the indictment against the defendant or for the highest class of felony of which the defendant was convicted is ________ years and that two thirds of such authorized maximum term of imprisonment is ________ years, ________ months, ________ days,

NOW, on motion of ________, it is ORDERED that the above named defendant is hereby adjudicated an incapacitated person and is hereby committed to the custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility operated by the (OMH) (OMRDD) to be designated by the appropriate Commissioner, for a period not to exceed one year 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 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 (OMH) (OMRDD), and upon notice by the appropriate Commissioner of the designated facility, be delivered thereto by the (County Sheriff) (Commissioner of Correction of the City of New York).

Dated:________

_________

Judge or Justice

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