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

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

C.P.L. Article 730

FORM 16-j

12/88

ORDER OF RETENTION

________ COURT OF ________

COUNTY OF ________

________x

IN THE MATTER

OF

The Application for an Order

of Retention Pursuant to the ORDER OF RETENTION

Criminal Procedure Law

of Indictment No. ________

________

An Incapacitated Person

________x

The above named defendant, under indictment for or convicted of the felony of ________, in violation of ________, having been adjudicated an incapacitated person and committed to the custody of the Commissioner of (OMH) (OMRDD) for placement in an appropriate facility, by court order dated ________, and such defendant being now in the custody of said Commissioner and confined in

____________ facility located at ____________

(Strike out the following paragraph if this is the first order of retention)

AND further court order or orders of retention of said defendant having been made on the following dates: ____________

____________

AND application having been received from the person in charge of the facility where the defendant is confined for an order of retention of said defendant, notice of such application having been given to the defendant, the District Attorney, and the Mental Hygiene Legal Service.

(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, that two thirds of such authorized maximum term of imprisonment is ________ years, ________ months, ________ days, and that the aggregate of the periods for which the defendant was authorized to be retained pursuant to the order of commitment and orders of retention is, as of the date of this order, ________ years, ________ months, ________ days and the aggregate of the periods of escape from custody is, as of the date of this order, ________ years, ________ months, ________ days,

NOW, THEREFORE, it is

ORDERED that the above named defendant is hereby adjudicated to be an incapacitated person and shall be retained in the custody of the Commissioner of the (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 ________ years, ________ months, ________ 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 that the defendant is no longer an incapacitated person, such person shall give notice in writing of such determination to the court and to the District Attorney.

Dated: ________

_________

Judge or Justice

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