(a) When a defendant is in the custody of the commissioner pursuant to a retention order or a recommitment order, the commissioner may apply for a release order pursuant to subdivision 12 of CPL 330.20. The application for a release 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 facility is located. Upon receipt of such application, the court must promptly conduct a hearing to determine the defendant's present mental condition.

(b) Form Q prescribes the form and contents of the application for a release order and the notice of application. At the conclusion of the hearing conducted pursuant to subdivision 12 of CPL 330.20, if the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, it must grant the application and issue a release order. The form and contents of this release order are prescribed in Form R.

(c) At the conclusion of the hearing conducted pursuant to subdivision 12 of CPL 330.20, if the court finds that the defendant has a dangerous mental disorder, it must deny the application for a release order.

(d) At the conclusion of the hearing conducted pursuant to subdivision 12 of CPL 330.20, if the court finds that the defendant does not have a dangerous mental disorder but is mentally ill, it must issue a transfer order (Form P) if the defendant is then confined in a secure facility.

(e) A court must also issue a release order (Form R) 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 does not have a dangerous mental disorder and is not mentally ill [CPL 330.20(12)].

(f) Whenever a court issues a release order (Form R), it must also issue an order of conditions (Form N).

(g) If the court has previously issued a transfer order (Form P) and an order of conditions (Form N), it must issue a new order of conditions upon issuing a release order (Form R).