(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).