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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM O
APPLICATION FOR A TRANSFER ORDER
AND NOTICE OF APPLICATION
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
An Application for a Transfer Order
Pursuant to C PL 330.20 in Relation
					 to
________
Defendant
________
Present:
Honorable ____________
Justice of the Supreme Court
Judge of the County Court
(1) The undersigned is
				  authorized by the State Commissioner of Mental Health to submit this
				  application for a transfer order for and on behalf of the said
				  Commissioner.
(2)
				  This application for a transfer 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) his application for a transfer
				  order is made pursuant to subdivision 11 of C PL 330.20.
(4) he 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) Subsequent 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) 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 of the State Office of Mental Health: ____________
(9) This application is made
				  upon the ground that the undersigned is of the view that the above-named
				  defendant does not have a dangerous mental disorder.
that consistent with the public safety and
					 welfare of the community and the defendant, the clinical condition of the
					 defendant warrants his transfer from a secure facility to a nonsecure facility
					 under the jurisdiction of the Commissioner of Mental Health the following
					 nonsecure facility designated by the Commissioner of Mental Health
					 ____________
____________
(10) The annexed psychiatric
				  reports are made a part of this application for a transfer order and support
				  the view stated by the undersigned in paragraph (9) of this
				  application.
(11)
				  Written notice of this application for a transfer order has been given to the
				  above-named defendant, counsel for the defendant, the Mental Health Information
				  Service and the District Attorney.
(12) No previous application for a
				  transfer order has been made to any court.
WHEREFORE, the undersigned respectfully
					 requests that this application be granted and that a transfer order issue
					 authorizing the Commissioner of Mental Health to transfer the above-named
					 defendant from a secure facility to a nonsecure facility under the jurisdiction
					 of the said Commissioner to the following nonsecure facility designated by the
					 said Commissioner: ____________
______________
Signature
______________
Type or Print Name
______________
Title
Date: ________
NOTICE OF APPLICATION FOR A TRANSFER
					 ORDER
To:
1. Above-named defendant
2. Counsel for above-named
				  defendant
3. Mental
				  Health Information Service
4. District Attorney of ________ County
PLEASE TAKE NOTICE that the above
					 application for a transfer order will be submitted to the court indicated in
					 paragraph (2) of the application on: [date and time]
____________
____________