22 CRR-NY D II Form RNY-CRR
22 CRR-NY D II Form R
22 CRR-NY D II Form R
R Release order
FORM R
RELEASE ORDER
STATE OF NEW YORK
□ SUPREME COURT □ COUNTY COURT
PART:
__
COUNTY:
__________
IN THE MATTER of A Release 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 □ nonsecure 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
□ 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 33.20
□ 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 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 hearing 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 no longer has a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20, and that the above-named defendant is no longer mentally ill, as that term is defined in paragraph (d) of subdivision 1 of CPL 330.20;
It is hereby
ORDERED that the Commissioner of Mental Health is directed to terminate the above-named defendant's inpatient status without terminating the said Commissioner's responsibility for the above-named defendant, and it is further
ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order, or retention order, the Commissioner of Mental Health shall, in accordance with the provisions of subdivision 18 of CPL 330.20, immediately serve a copy of this order upon the following:
(1) the District Attorney;
(2) the police department having jurisdiction of the area to which the defendant is to be released; and
(3) [Any person the court may designate] __, and it is further
ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order or retention order, the Commissioner of Mental Health shall terminate the above-named defendant's inpatient status four days, excluding Saturdays, Sundays and holidays, after service of a copy of this order upon the police department and person or persons named in the preceding decretal paragraph.
Dated: _________
□ Justice of the Supreme Court
□ Judge of the County Court
22 CRR-NY D II Form R
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.