22 CRR-NY D II Form PNY-CRR
22 CRR-NY D II Form P
22 CRR-NY D II Form P
P Transfer order
FORM P
TRANSFER ORDER
STATE OF NEW YORK
□ SUPREME COURT □ COUNTY COURT
PART:
__
COUNTY:
__________
IN THE MATTER of A Transfer 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 now being in the custody of the State Commissioner of Mental Health and confined in a secure facility for care and treatment pursuant to
□ a recommitment order issued under the provisions of subdivision 14 of CPL 330.20
□ a first retention order issued under the provisions of subdivision 8 of CPL 330.20
□ a second retention order issued under the provisions of subdivision 9 of CPL 330.20
□ 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 order]
□ And, an application having been made pursuant to subdivision 11 of CPL 330.20 by the State Commissioner of Mental Health for a transfer order,
□ And, an application having been made pursuant to subdivision 8 of CPL 330.20 by the State Commissioner of Mental Health for a first retention order,
□ And, an application having been made pursuant to subdivision 9 of CPL 330.20 by the State Commissioner of Mental Health for a second retention order,
□ And, an application having been made pursuant to subdivision 9 of CPL 330.20 by the State Commissioner of Mental Health for a subsequent retention order,
□ And, an application having been made pursuant to subdivision 12 of CPL 330.20 by the State Commissioner of Mental Health for a release order,
□ And, a demand for a hearing not having been made,
□ And, a demand for a hearing having been made, and such a 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 does not have a dangerous mental disorder as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20;
□ that the issuance of a transfer order is consistent with the public safety and welfare of the community and the defendant, and that the clinical condition of the defendant warrants his transfer from a secure facility to a nonsecure facility; [Check this box only if an application has been made by the Commissioner pursuant to CPL 330.20(11).]
It is hereby
ORDERED that the Commissioner of Mental Health is directed to transfer the above-named defendant from a secure facility to a nonsecure facility under the jurisdiction of the said Commissioner or to any nonsecure facility designated by the said Commissioner.
Dated: _________
□ Justice of the Supreme Court
□ Judge of the County Court
22 CRR-NY D II Form P
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.