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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM I
FIRST RETENTION ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
The First Retention Order Pursuant to
C PL 330.20 in Relation to
________
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 and having been committed
					 to the custody of the State Commissioner of Mental Health for confinement in a
					 secure facility for a period of six months for care and treatment pursuant to a
					 commitment order issued under the provisions of subdivision 6 of C PL 330.20 by
					 the following court on the following date:
[Name of court] ____________
[Date] ____________
And, a transfer order having been thereafter
					 issued under the provisions of subdivision 11 of C PL 330.20 by the following
					 court on the following date:
[Name of court] ____________
[Date of transfer order] ____________
And, a release order having been thereafter
					 issued under the provisions of subdivision 12 of C PL 330.20 by the following
					 court on the following date:
[Name of court] ____________
[Date of release order] ____________
And, the above-named defendant having been
					 thereafter committed to the custody of the State Commissioner of Mental Health
					 for confinement in a secure a facility for a period of six months for care and
					 treatment pursuant to 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] ____________
And, pursuant to the aforesaid commitment
					 order recommitment order, the above-named defendant being currently confined in
					 the following secure facility of the State Office of Mental Health:
					 ____________
And, the period prescribed in the aforesaid
					 commitment order recommitment order expiring on ____________
____________
And, an application having been made
					 pursuant to subdivision 8 of C PL 330.20 by the State Commissioner of Mental
					 Health for a release order or first retention order to authorize the continued
					 custody of the above-named defendant by the Commissioner of Mental Health for a
					 period not to exceed one year from the date of expiration of the aforesaid
					 commitment order recommitment order;
And, a demand for a hearing not having been
					 made;
And, a demand for a hearing having been
					 made, and such hearing having been held on ________;
And, the court on its own motion, having
					 conducted a hearing on ________;
And, due deliberation thereon having been
					 had,
And, the court, having found that the
					 above-named defendant currently suffers from a dangerous mental disorder as
					 that termis defined in paragraph (c) of subdivision 1 of C PL 330.20;
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, but that the said defendant currently suffers from a mental illness
					 as that term is defined in paragraph (d) of subdivision 1 of C PL 330.20;
					 [Note: If this box is checked, the court must also issue a transfer order and
					 order of conditions.]
It is hereby
ORDERED that the Commissioner of Mental
					 Health is authorized to continue custody of the above-named defendant for care
					 and treatment for a period not to exceed one year from the expiration of the
					 period prescribed in the aforesaid commitment order recommitment order under
					 which the above-named defendant is being currently confined in the aforesaid
					 secure facility of the State Office of Mental Health.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court