New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form F - Civil order of commitment

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM F
CIVIL ORDER OF COMMITMENT
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
Indictment No. ____________
vs. Crime Charged:
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
The above-named defendant having been found
					 not responsible by reason of mental disease or defect by verdict (C PL 300.10,
					 subd. 4[d])
by plea (C PL 220.15)
And, this court having issued an examination
					 order on [date] ________ pursuant to the provisions of subdivision 2 of C PL
					 330.20 requiring that the above-named defendant submit to a psychiatric
					 examination to determine whether the said defendant has a dangerous mental
					 disorder, or if he she does not have a dangerous mental disorder, whether the
					 said defendant is mentally ill,
And, the Commissioner of Mental Health
					 having submitted to this court the examination reports required by subdivision
					 5 of C PL 330.20,
And, the court having conducted the initial
					 hearing required by subdivision 6 of C PL 330.20 to determine the present
					 mental condition of the above-named defendant,
And, due deliberation thereon having been
					 had, and upon reading and filing the decision of the court,
And, the court having found that the
					 above-named defendant does not currently suffer from a dangerous mental
					 disorder, as that term is defined in paragraph (c) of subdivision 1 of C PL
					 330.20,
And, the court having found that the
					 above-named 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,
It is hereby
ORDERED that the above-named defendant is
					 committed to the custody of the State Commissioner of Mental Health for
					 confinement in a facility to be designated by the said Commissioner for care
					 and treatment for a period not to exceed six months from the date of this
					 order, and it is further
ORDERED that the
Commissioner of Correction for the City of
					 New York
Sheriff of ________ County
Commissioner of Correction for
					 ________
shall hold the above-named defendant in
					 custody pending the aforesaid designation by the State Commissioner of Mental
					 Health and when notified of the designation shall promptly deliver the said
					 defendant to such facility, and it is further
ORDERED that this order shall be deemed an
					 order made pursuant to the Mental Hygiene Law and not pursuant to C PL 330.20,
					 and it is further
ORDERED that any further retention,
					 conditional release or discharge of the above-named defendant shall be in
					 accordance with the provisions of the Mental Hygiene Law.
ORDERED that the above-named defendant shall
					 be subject to the order of conditions issued herewith.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court
Designation of Facility:
The State Commissioner of Mental Health has
					 designated the following facility referred to in this order as the place for
					 the confinement of the above-named defendant:
____________
The authority for designating
the above-named facility
is: ____________
____________