22 CRR-NY 110.9NY-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 110.9
22 CRR-NY 110.9
110.9 Transfer order.
(a) When a defendant is in the custody of the commissioner in a secure facility pursuant to a retention order or a recommitment order, the commissioner may apply for a transfer order pursuant to subdivision 11 of CPL 330.20. A transfer order may not be issued when the defendant is in custody of the commissioner pursuant to a commitment order. The application for a transfer order may be made to the court that issued the order under which the defendant is then in custody, 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 the demand therefor is made by the district attorney.
(b) Form O prescribes the form and contents of the application for a transfer order and the notice of application. Following the submission of such application, the court must grant the application and issue a transfer order if the court finds that the defendant does not have a dangerous mental disorder, or if the court finds that the issuance of a transfer order is consistent with the public safety and welfare of the community and the defendant and that the clinical condition of the defendant warrants his transfer from a secure facility to a nonsecure facility. The form and contents of this transfer order are prescribed in Form P.
(c) A court must also issue a transfer order (Form P) when, in connection with an application for a first retention order (Form H), a second retention order (Form J), or a subsequent retention order (Form L), the court finds that the defendant is mentally ill but does not have a dangerous mental disorder.
(d) Whenever a court issues a transfer order (Form P), it must also issue an order of conditions (Form N).
22 CRR-NY 110.9
Current through December 31, 2020
End of Document