22 CRR-NY 152.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE A. JUDICIAL ADMINISTRATION
CHAPTER I. STANDARDS AND ADMINISTRATIVE POLICIES
SUBCHAPTER C. RULES OF THE CHIEF ADMINISTRATOR OF THE COURTS
PART 152. MENTAL HEALTH PARTS
22 CRR-NY 152.2
22 CRR-NY 152.2
152.2 Transfer of actions or proceedings to Superior Court mental health parts.
(a) Transfer of actions or proceedings pending in local criminal courts to a Superior Court mental health part.
(1) A local criminal court in a county in which a Superior Court mental health part has been established may, upon motion of the defendant and with the consent of the district attorney, cause copies of papers and other documents filed in such local criminal court in connection with a criminal action or proceeding pending therein to be sent to the Superior Court mental health part:
(i) upon or after arraignment of the defendant on a local criminal court accusatory instrument by which such action or proceeding was commenced; or
(ii) upon or after commencement of a proceeding brought against the defendant for the violation of a condition of a sentence of probation or a sentence of conditional discharge.
(2) Not later than five days following receipt of the papers and other documents, the justice or judge presiding in the Superior Court mental health part shall determine whether or not a transfer of the action or proceeding to the court would promote the administration of justice. If the justice or judge presiding in the court determines that it would, he or she may order such transfer, in which event the action or proceeding shall be transferred to the Superior Court mental health part, all originating papers shall then be sent from the originating court to the Superior Court mental health part, and all further proceedings shall be conducted therein. If the justice or judge determines that a transfer of the action or proceeding would not promote the administration of justice, he or she shall notify the local criminal court from which the reference was received of such determination, whereupon all further proceedings in such action or proceeding shall be conducted in accordance with law.
(b) Transfer of actions or proceedings pending in a Superior Court to a superior court mental health part.
(1) At any time while a criminal action or proceeding is pending in a Superior Court in a county in which a Superior Court mental health part has been established, including a proceeding brought against defendant for the violation of a condition of a sentence of probation or a sentence of conditional discharge, a judge or justice of the court in which the action or proceeding is pending may, upon motion of the defendant and with the consent of the district attorney, cause copies of papers and other documents filed in such court in connection with the action or proceeding to be sent to the judge or justice presiding in the Superior Court mental health part for review of the appropriateness of the transfer.
(2) Not later than five business days following receipt of the papers and other documents, the judge or justice presiding in the Superior Court mental health part shall determine whether or not a transfer of the action or proceeding to the court would promote the administration of justice. If such judge or justice determines that it would:
(i) he or she, if sitting in Supreme Court, may order such transfer, in which event the action or proceeding shall be referred for disposition to the Superior Court mental health part, all original papers shall be sent to the Superior Court mental health part, and all further proceedings in such action or proceeding shall be conducted therein; or
(ii) he or she, if sitting in County Court, shall so notify the judge of the court who caused the papers and other documents to be sent to him or her, and such justice may thereupon order such transfer, in which event the action or proceeding shall be referred for disposition to the Superior Court mental health part, all original papers shall be sent from the originating court to the Superior Court mental health part, and all further proceedings in such action or proceeding shall be conducted therein. If the judge or justice presiding in the superior court mental health part determines that a transfer of the action or proceeding would not promote the administration of justice, he or she shall notify the originating court of such determination, whereupon all further proceedings in such action or proceeding shall be conducted in accordance with law.
22 CRR-NY 152.2
Current through March 31, 2021
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