New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.8 - Release order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A defendant in
				the custody of the commissioner pursuant to a recommitment order or a retention
				order may not be released unless the court which issued the order, or a
				superior court in the county in which the facility is located, issues a release
				order.
(b) The Director of Forensic
				Services may apply for a release order upon the recommendation of the clinical
				director, after consultation with the hospital forensics committee in
				accordance with the procedures described in section
				541.9 
				of this Part, that the defendant no longer has a dangerous mental disorder and
				is no longer mentally ill.
(c) The
				application shall be made on forms jointly adopted by the commissioner and the
				Office of Court Administration and shall contain a description of the
				defendant's mental condition, the past course of treatment, a history of the
				defendant's conduct subsequent to his commitment, a written service plan for
				continued treatment and a detailed statement of the extent to which supervision
				of the defendant after release is proposed. The written service plan must be
				prepared by a psychiatrist familiar with the defendant's case history and shall
				include a statement of the defendant's need, if any, for medication, after-care
				services and assistance in finding employment; a specific recommendation of the
				type of residence in which the defendant is to live and a listing of services
				available in such residence; and a listing of organizations, facilities
				(including those of the department) and individuals available to provide
				services in accordance with the identified needs of the defendant. This
				information is to be provided by the clinical director and accompany his
				recommendations to the Director of Forensic Services. The Director of Forensic
				Services shall give written notice of the application to the district attorney,
				the defendant, counsel for the defendant and the Mental Health Information
				Service.
(d) The treatment team
				leader and any psychiatrist familiar with the defendant's current mental
				condition and case history, including the psychiatrist who prepares the written
				service plan required by this subdivision, shall be prepared to testify in
				court in support of the application for a release order.
(e) If the court issues a release order, the
				Director of Forensic Services shall notify the local social services
				commissioner and the appropriate State and local mental health representatives
				that the defendant is about to be released and shall provide them with copies
				of the written service plan approved by the court in the order of
				conditions.
(f) At least four days
				prior to releasing the defendant from a secure facility, excluding Saturdays,
				Sundays and holidays, the Director of Forensic Services shall deliver written
				notice of the release to:
(1) the district
				attorney;
(2) the police department
				having jurisdiction of the area to which the defendant is released;
				and
(3) any other person designated
				by the court.
Written notice may be given by mail, in which case an
				  additional three days, for a total of seven days' notice shall be given to
				  allow time for delivery. If notice is given by telegram or mailgram, an
				  additional day, or a total of five days' notice shall be given to allow time
				  for delivery.