22 CRR-NY D II Form INY-CRR
22 CRR-NY D II Form I
22 CRR-NY D II Form I
I First retention order
FORM I
FIRST RETENTION ORDER
STATE OF NEW YORK
□ SUPREME COURT □ COUNTY COURT
PART:
__
COUNTY:
__________
IN THE MATTER of The First Retention Order Pursuant to CPL 330.20 in Relation to
__________
Defendant
__________
Present:
Honorable
□ Justice of the Supreme Court
□ Judge of the County Court
The above-named defendant having been found not responsible by reason of mental disease or defect and having been committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility for a period of six months for care and treatment pursuant to a commitment order issued under the provisions of subdivision 6 of CPL 330.20 by the following court on the following date:
[Name of court]
[Date]
□ And, a transfer order having been thereafter issued under the provisions of subdivision 11 of CPL 330.20 by the following court on the following date:
[Name of court]
[Date of transfer order]
□ And, a release order having been thereafter issued under the provisions of subdivision 12 of CPL 330.20 by the following court on the following date:
[Name of court]
[Date of release order]
□ And, the above-named defendant having been thereafter committed to the custody of the State Commissioner of Mental Health for confinement in a secure a facility for a period of six months for care and treatment pursuant to a recommitment order issued under the provisions of subdivision 14 of CPL 330.20 by the following court on the following date:
[Name of court]
[Date of order]
And, pursuant to the aforesaid □ commitment order □ recommitment order, the above-named defendant being currently confined in the following secure facility of the State Office of Mental Health:
And, the period prescribed in the aforesaid □ commitment order □ recommitment order expiring on
And, an application having been made pursuant to subdivision 8 of CPL 330.20 by the State Commissioner of Mental Health for a □ release order or □ first retention order to authorize the continued custody of the above-named defendant by the Commissioner of Mental Health for a period not to exceed one year from the date of expiration of the aforesaid □ commitment order □ recommitment order;
□ And, a demand for a hearing not having been made;
□ And, a demand for a hearing having been made, and such hearing having been held on __;
□ And, the court on its own motion, having conducted a hearing on __;
And, due deliberation thereon having been had,
And, the court, having found that the above-named defendant
□ currently suffers from a dangerous mental disorder as that termis defined in paragraph (c) of subdivision 1 of CPL 330.20;
□ does not currently suffer from a dangerous mental disorder as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20, but that the said defendant currently suffers from a mental illness as that term is defined in paragraph (d) of subdivision 1 of CPL 330.20; [Note: If this box is checked, the court must also issue a transfer order and order of conditions.]
It is hereby
ORDERED that the Commissioner of Mental Health is authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed one year from the expiration of the period prescribed in the aforesaid □ commitment order □ recommitment order under which the above-named defendant is being currently confined in the aforesaid secure facility of the State Office of Mental Health.
Dated: _________
□ Justice of the Supreme Court
□ Judge of the County Court
22 CRR-NY D II Form I
Current through May 31, 2021
| End of Document |
IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.