22 CRR-NY D II Form ONY-CRR
22 CRR-NY D II Form O
22 CRR-NY D II Form O
O Application for transfer order and notice of application
FORM O
APPLICATION FOR A TRANSFER ORDER
AND NOTICE OF APPLICATION
STATE OF NEW YORK
□ SUPREME COURT □ COUNTY COURT
PART:
__
COUNTY:
__________
IN THE MATTER of An Application for a Transfer Order Pursuant to CPL 330.20 in Relation to
__________
Defendant
__________
Present:
Honorable
□ Justice of the Supreme Court
□ Judge of the County Court
(1) The undersigned is authorized by the State Commissioner of Mental Health to submit this application for a transfer order for and on behalf of the said Commissioner.
(2) This application for a transfer order is being submitted to the following court: [check one and print name and address of indicated court]
□ Court that issued the order under which the above-named defendant is now in custody
□ County Court of the county wherein the facility in which the defendant is confined is located:
□ Term of the Supreme Court for the county wherein the facility in which the defendant is confined is located:
(3) his application for a transfer order is made pursuant to subdivision 11 of CPL 330.20.
(4) he above-named defendant was committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility for care and treatment pursuant to
□ a commitment order issued under the provisions of subdivision 6 of CPL 330.20
□ 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]
(5) Subsequent to the issuance of the order referred to in paragraph (4) of this application, the following court issued a first retention order on the following date:
[Name of court]
[Date of first retention order]
□ (6) Subsequent to the issuance of the first retention order referred to in paragraph (5) of this application, the following court issued a second retention order on the following date:
[Name of court]
[Date of second retention order]
□ (7) Following the issuance of the second retention order referred to in paragraph (6) of this application, the following court issued a subsequent retention order on the following date:
[Name of court]
[Date of each subsequent retention order, including last subsequent retention order]
(8) Pursuant to the order referred to in □ paragraph (4) □ paragraph (5) □ paragraph (6) □ paragraph (7) of this application, the above-named defendant is currently confined in the following secure facility of the State Office of Mental Health:
(9) This application is made upon the ground that the undersigned is of the view
□ that the above-named defendant does not have a dangerous mental disorder.
□ that consistent with the public safety and welfare of the community and the defendant, the clinical condition of the defendant warrants his transfer from a secure facility to □ a nonsecure facility under the jurisdiction of the Commissioner of Mental Health □ the following nonsecure facility designated by the Commissioner of Mental Health
(10) The annexed psychiatric reports are made a part of this application for a transfer order and support the view stated by the undersigned in paragraph (9) of this application.
(11) Written notice of this application for a transfer order has been given to the above-named defendant, counsel for the defendant, the Mental Health Information Service and the District Attorney.
(12) No previous application for a transfer order has been made to any court.
WHEREFORE, the undersigned respectfully requests that this application be granted and that a transfer order issue authorizing the Commissioner of Mental Health to transfer the above-named defendant from a secure facility to □ a nonsecure facility under the jurisdiction of the said Commissioner □ to the following nonsecure facility designated by the said Commissioner:
Signature
Type or Print Name
Title
Date: _________
NOTICE OF APPLICATION FOR A TRANSFER ORDER
To: 1. Above-named defendant
2. Counsel for above-named defendant
3. Mental Health Information Service
4. District Attorney of __ County
PLEASE TAKE NOTICE that the above application for a transfer order will be submitted to the court indicated in paragraph (2) of the application on: [date and time]
22 CRR-NY D II Form O
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.