22 CRR-NY 152.3NY-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 152.3
22 CRR-NY 152.3
152.3 Transfer of actions or proceedings to local court mental health parts.
(a) A local criminal court in a county in which a local 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 therein to be sent to the local court mental health part:
(1) upon or after arraignment of defendant on a local criminal court accusatory instrument by which such action or proceeding was commenced; or
(2) upon or after commencement of a proceeding brought against defendant for the violation of a condition of a sentence of probation or a sentence of conditional discharge.
(b) Not later than five days following receipt of the papers and other documents, the justice or judge presiding in the local court mental health part, in consultation with the justice or judge in the court of origin, shall determine whether or not a transfer of the action or proceeding to the local court mental health part would promote the administration of justice. If the justice or judge presiding in the local court mental health part and the justice or judge presiding in the court of origin determine that it would, the justice or judge presiding in the court of origin may order such transfer, in which event the action or proceeding shall be transferred to the local court mental health part, all originating papers shall then be sent from the court of origin to the local court mental health part, and all further proceedings shall be conducted therein. If the presiding justice or judge in the local court mental health part or the justice or judge presiding in the court of origin determines that a transfer of the action or proceeding would not promote the administration of justice, the action or proceeding will not be transferred and all further proceedings in such action or proceeding shall be conducted in accordance with law.
22 CRR-NY 152.3
Current through December 31, 2020
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