22 CRR-NY 110.8NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER I. STANDARDS AND ADMINISTRATIVE POLICIES
SUBCHAPTER C. RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS
PART 110. PROCEDURE UNDER CPL 330.20 (JOINTLY ADOPTED BY THE STATE COMMISSIONER OF MENTAL HEALTH AND THE CHIEF ADMINISTRATOR OF THE COURTS)
22 CRR-NY 110.8
22 CRR-NY 110.8
110.8 Furlough order.
(a) When a defendant is in the custody of the commissioner in a secure facility pursuant to a commitment order, a recommitment order, or a retention order, the commissioner may apply for a furlough order pursuant to subdivision 10 of CPL 330.20. The application for a furlough order may be made to the court that issued the commitment order or to a superior court in the county where the secure facility is located. Upon receipt of such application the court may, on its own motion, conduct a hearing to determine whether the application should be granted, and must conduct such hearing if a demand therefor is made by the district attorney.
(b) Form U prescribes the form and contents of the application for a furlough order and the notice of application. Following the submission of such application, if the court finds that the issuance of a furlough order is consistent with the public safety and welfare of the community and the defendant, and that the clinical condition of the defendant warrants a granting of the privileges authorized by a furlough order, the court must grant the application and issue a furlough order. The form and contents of this furlough order are prescribed in Form V.
22 CRR-NY 110.8
Current through December 31, 2020
End of Document