22 CRR-NY D II Form MNY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE D. FORMS
CHAPTER II. CPL SECTION 330.20 FORMS
FORMS (CF. PART 110)
22 CRR-NY D II Form M
22 CRR-NY D II Form M
M Subsequent retention order
FORM M
SUBSEQUENT RETENTION ORDER
STATE OF NEW YORK
 
□ SUPREME COURT □ COUNTY COURT
 
PART:
__
COUNTY:
 
__________
IN THE MATTER of A Subsequent 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 thereafter 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 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 recommitment order]
 
And, the Commissioner of Mental Health being thereafter 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 aforesaid □ commitment order □ recommitment order by a first retention order issued under the provisions of subdivision 8 of CPL 330.20 by the following court on the following date:
[Name of court]
 
[Date of first retention order]
 
And, the Commissioner of Mental Health being thereafter authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed two years from the expiration of the period prescribed in the aforesaid first retention order by a second retention order issued under the provisions of subdivision 9 of CPL 330.20 by the following court on the following date:
[Name of court]
 
[Date of second retention order]
 
And, the Commissioner of Mental Health being thereafter authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed two years from the expiration of the period prescribed in the aforesaid second retention order by a subsequent retention order issued under the provisions of subdivision 9 of CPL 330.20 by the following court on the following date:
[Name of court]
 
[Date of subsequent retention order]
 
And, the Commissioner of Mental Health being thereafter authorized to continue custody of the above-named defendant for care and treatment for a period not to exceed two years from the expiration of the period prescribed in the previously issued subsequent retention order by a new subsequent retention order issued under the provisions of subdivision 9 of CPL 330.20 by the following court on the following date:
[Name of court]
 
[Date of subsequent retention order, including last subsequent retention order]
 
And, pursuant to the aforesaid □ second retention order, □ last issued subsequent retention order, the above-named defendant being currently confined in the following □ secure facility □ nonsecure facility of the State Office of Mental Health: __;
And, the period prescribed in the aforesaid □ second retention order, □ last issued subsequent retention order expiring on __
And, an application having been made pursuant to subdivision 9 of CPL 330.20 by the State Commissioner of Mental Health for a □ release order or □ subsequent retention order to authorize the continued custody of the above-named defendant by the Commissioner of Mental Health for a period not to exceed two years from the date of the expiration of the aforesaid □ second retention order, □ last issued subsequent retention 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 term is defined in paragraph (c) ofsubdivision 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 an order of conditions if the above-named defendant is currently confined in a secure facility pursuant to the second retention order or the last issued a subsequent retention order.]
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 two years from the expiration of the period prescribed in the aforesaid □ second retention order □ last issued subsequent retention order.
Dated: _________
 
□ Justice of the Supreme Court
 
□ Judge of the County Court
22 CRR-NY D II Form M
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.