22 CRR-NY D II Form YNY-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 Y
22 CRR-NY D II Form Y
Y Examination report by qualified psychiatric examiner
FORM Y
EXAMINATION REPORT BY QUALIFIED
 
PSYCHIATRIC EXAMINER
STATE OF NEW YORK
 
□ SUPREME COURT □ COUNTY COURT
 
PART:
__
COUNTY:
 
__________
IN THE MATTER of An Examination Report by a Qualified Psychiatric Examiner Pursuant to CPL 330.20 in Relation to
__________
Defendant
__________
(1) The undersigned is a qualified psychiatric examiner who, pursuant to the regulations adopted by the State Commissioner of Mental Health, is authorized to conduct an examination of the above-named defendant pursuant to and examination order issued by this court on [date] __ to determine whether the defendant has a dangerous mental disorder and, if the defendant does not have a dangerous mental disorder, to determine whether the defendant is mentally ill.
(2) Pursuant to the aforementioned examination order, the above-named defendant was personally observed and examined by the undersigned on the following date or dates:
 
 
(3) On the basis of facts and information that the undersigned has obtained and on the basis of the observation and examination referred to in paragraph (2) of this report, it is the opinion and clinical judgment of the undersigned that:
□ (a) the above-named defendant has a dangerous mental disorder in that the defendant currently suffers from an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking or judgment to such an extent that the defendant requires care, treatment and rehabilitation, and that because of such condition the defendant currently constitutes a physical danger to himself and others.
□ (b) 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, but the above-named defendant is mentally ill in that the defendant currently suffers from a mental illness for which care and treatment as a patient, in the inpatient services of a psychiatric center under the jurisdiction of the State Office of Mental Health, is essential to such defendant's welfare and that his judgment is so impaired that he is unable to understand the need for such care and treatment.
□ (c) 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, and the above-named defendant is not mentally ill, as that term is defined in paragraph (d) of subdivision 1 of CPL 330.20.
(4) Annexed hereto and made a part of this examination report is a detailed statement prepared by the undersigned which sets forth the following:
(a) the diagnosis and prognosis made by the undersigned concerning the defendant's mental condition;
(b) the findings and evaluation made by the undersigned concerning the defendant's mental condition;
(c) pertinent and significant factors in the defendant's medical and psychiatric history;
(d) the psychiatric signs and symptoms displayed by the defendant; and (e) the reasons for the opinion stated by the undersigned in paragraph (3) of this report [including, when defendant has a dangerous mental disorder, and explanation as to why, because of defendant's mental condition, he currently constitutes a physical danger to himself or others].
Dated: _________
Signature
Type or Print Name
22 CRR-NY D II Form Y
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.