22 CRR-NY D II Form PNY-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 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.