New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form Q - Application for release order and notice of application

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM Q
APPLICATION FOR A RELEASE ORDER
AND NOTICE OF APPLICATION
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
An Application for a Release
Order Pursuant to C PL 330.20
in Relation to
________
Defendant
________
(1) The undersigned is authorized by
				  the State Commissioner of Health to submit this application for a release order
				  for and on behalf of the said Commissioner.
(2) This application for a release
				  order is being submitted to the following court: [check one and print name and
				  address of indicated court]
Court that issued the order under which the
					 above-named defendant is now in custody
____________
County Court of the county wherein the
					 facility in which the defendant is confined is located:
____________
Term of the Supreme Court for the county
					 wherein the facility in which the defendant is confined is located:
____________
(3) This application for a
				  release order is made pursuant to subdivision 12 of C PL 330.20.
(4) The above-named defendant
				  was committed to the custody of the State Commissioner of Mental Health for
				  confinement in a secure facility for care and treatment pursuant to a
				  commitment order issued under the provisions of subdivision 6 of C PL 330.20
a recommitment order issued under the
					 provisions of subdivision 14 of C PL 330.20
by the following court on the following
					 date:
[Name of court] ____________
[Date of order] ____________
(5) ubsequent to
				  the issuance of the order referred to in paragraph (4) of this application, the
				  following court issued a first retention order on the following date:
[Name of court] ____________
[Date of first retention order]
					 ____________
(6) Subsequent to the issuance of the
				  first retention order referred to in paragraph (5) of this application, the
				  following court issued a second retention order on the following date:
[Name of court] ____________
[Date of second retention order]
					 ____________
(7) Following the issuance of the
				  second retention order referred to in paragraph (6) of this application, the
				  following court issued a subsequent retention order on the following date:
[Name of court] ____________
[Date of each subsequent retention order,
					 including last subsequent retention order] ____________
(8) Subsequent to the issuance
				  of the order referred to in paragraph (4) of this application, the following
				  court issued a transfer order on the following date:
[Name of court] ____________
[Date of transfer order] ____________
(9) Pursuant to the
				  order referred to in paragraph (4) paragraph (5) paragraph (6) paragraph (7) of
				  this application, the above-named defendant is currently confined in the
				  following secure facility nonsecure facility of the State Office of Mental
				  Health ____________.
(10) This application is made upon the
				  ground that the undersigned is of the view that the above-named defendant no
				  longer has a dangerous mental disorder in that the defendant does not currently
				  suffer from an affliction with a mental disease or mental condition which is
				  manifested by a disorder or disturbance in behavior, feeling, thinking or
				  judgment to such an extent that the defendant requires care, treatment and
				  rehabilitation, and that because of such condition the defendant currently
				  constitutes a physical danger to himself or others, and that the above-named
				  defendant is no longer mentally ill in that the defendant currently does not
				  suffer 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.
(11)
				  The annexed psychiatric reports are made a part of this application for a
				  release order and support the view stated by the undersigned in paragraph (10)
				  of this application. The annexed reports contain the following:
(a) a description of the
				  above-named defendant's current mental condition;
(b) the past course of
				  treatment; and
(c) a
				  history of the said defendant's conduct subsequent to his commitment to the
				  custody of the Commissioner of Mental Health pursuant to C PL 330.20. Also
				  annexed to this application, and made a part hereof, are the following:
(a) a written service plan for
				  continued treatment which includes the information specified in Mental Hygiene
				  Law section 29.15(g); and
(b) a detailed statement of the extent
				  to which supervision of the above-named defendant after release is
				  proposed.