22 CRR-NY D II Form WNY-CRR
22 CRR-NY D II Form W
22 CRR-NY D II Form W
W Application for discharge order and notice of application
FORM W
APPLICATION FOR A DISCHARGE ORDER
AND NOTICE OF APPLICATION
STATE OF NEW YORK
□ SUPREME COURT □ COUNTY COURT
PART:
__
COUNTY:
__________
IN THE MATTER of An Application for a Discharge Order Pursuant to CPL 330.20 in Relation to
__________
Defendant
__________
□ (1) The undersigned is authorized by the State Commissioner of Mental Health to submit this application for a discharge order for and on behalf of the said Commissioner.
(2) This application for a discharge order is being submitted to the following court: [check one and print name and address of indicated court]
□ Court that issued the release order
□ County Court of the county wherein the defendant is now residing
□ Term of the Supreme Court for the county wherein the defendant is now residing
(3) This application for a discharge order is made pursuant to subdivision 13 of CPL 330.20.
(4) The 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 this 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) Subsequent to the order referred to in paragraph (4) of this application, the following court issued a transfer order on the following date:
[Name of court]
[Date of transfer order]
(9) Subsequent to the issuance of the order referred to in paragraph (4) of this application, the following court issued a release order and an order of conditions on the following date:
[Name of court]
[Date of release order and order of conditions]
(10) The above-named defendant has been continuously on an outpatient status for three years or more pursuant to the release order and order of conditions referred to in paragraph (9) of this application.
(11) This application is made upon the ground that the undersigned is of the view that the above-named defendant no longer has a dangerous mental disorder and is no longer mentally ill and that the issuance of a discharge order is consistent with the public safety and welfare of the community and the defendant.
(12) The reasons for the view stated by the undersigned in paragraph (11) of this application are as follows:
WHEREFORE, the undersigned respectfully requests that this application be granted and that a discharge order issue □ terminating the order of conditions referred to in paragraph (9) of this application. □ unconditionally discharging the above-named defendant from supervision under the provisions of CPL 330.20.
Signature
Type or Print Name
Title
NOTICE OF APPLICATION FOR A DISCHARGE 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 discharge order will be submitted to the court indicated in paragraph (2) of the application on: [date and time]
22 CRR-NY D II Form W
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.