C.P.L. Article 730 FORM 16-f 12/88

_______ COURT OF _______ COUNTY OF _______ __________x

The above named defendant, under indictment for or convicted of the felony of __, in violation of __; and having been examined pursuant to court order by __ psychiatric examiners, qualified in accordance with law; and examination reports thereon having made to the court; and the District Attorney and counsel for the defendant having been given copies of such examination reports; and the court having examined such examination reports, copies of which are attached hereto,

AND no motion for a hearing having been made,

AND it appearing to my satisfaction that the said defendant as a result of mental disease or defect lacks capacity to understand the proceedings against (him) (her) or to assist in (his) (her) own defense,

AND it appearing further that the maximum term of imprisonment for the highest class of felony charged in the indictment against the defendant or for the highest class of felony of which the defendant was convicted is __ years and that two thirds of such authorized maximum term of imprisonment is __ years, __ months, __ days,

NOW, on motion of __, it is ORDERED that the above named defendant is hereby adjudicated an incapacitated person and is hereby committed to the custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility operated by the (OMH) (OMRDD) to be designated by the appropriate Commissioner, for a period not to exceed one year from the date of this order, and it is further

ORDERED that if the person in charge of the facility in which the defendant is confined determines that the defendant is no longer an incapacitated person, such person shall give notice in writing of such determination to this court and to the District Attorney, and it is further

ORDERED that the defendant, if (he) (she) be in detention, be continued in detention at __, pending designation of an appropriate facility by the (OMH) (OMRDD), and upon notice by the appropriate Commissioner of the designated facility, be delivered thereto by the (County Sheriff) (Commissioner of Correction of the City of New York).