22 CRR-NY 110.12NY-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 110.12
22 CRR-NY 110.12
110.12 Recommitment order.
(a) At any time during the period covered by an order of conditions (Form N), an application may be made by the commissioner or the district attorney for a recommitment order when the applicant is of the view that the defendant has a dangerous mental disorder [CPL 330.20(14)]. The application for a recommitment order may be made to the court that issued the order of conditions, or to a superior court in the county where the defendant is then residing. Form S prescribes the form and contents of an application for a recommitment order.
(b) Upon receipt of an application for a recommitment order (Form S), the court must order the defendant to appear before it for a hearing to determine if the defendant has a dangerous mental disorder. Form S-1 prescribes the form and contents of this order to appear. If the defendant fails to appear in court as directed, the court must issue a warrant. Form S-2 prescribes the form and contents of this warrant. When the defendant is brought before the court on the warrant, the court may direct that the defendant be confined in an appropriate institution. Form S-3 prescribes the form and contents of this temporary confinement order.
(c) When the defendant appears before the court on an application for a recommitment order (Form S), the court must conduct a hearing to determine whether the defendant has a dangerous mental disorder. If the court finds that the defendant has a dangerous mental disorder, it must issue a recommitment order. The form and contents of this recommitment order are prescribed in Form T.
22 CRR-NY 110.12
Current through December 31, 2020
End of Document