(a) A defendant committed to the custody of the commissioner pursuant to the provisions of section 330.20 of the Criminal Procedure Law has the rights granted to patients under the Mental Hygiene Law, subject to the limitations and provisions of section 330.20 of the Criminal Procedure Law and this Part.

(b) A defendant dissatisfied with a commitment order, a retention order or a recommitment order may, within 30 days of the order, petition a Supreme Court justice, other than the one making the order, for a rehearing and review. Such review shall be in accordance with the the procedures described in section 9.35 of the Mental Hygiene Law. Unless the defendant consents to trial of the facts by the court, a jury shall be summoned to determine whether retention order, commitment order or recommitment order is appropriate.