New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter I - Standards and Administrative Policies › Subchapter C - Rules Of The Chief Administrator Of The Courts › Part 110 - Procedure Under Cpl 330.20 (jointly Adopted By The State Commissioner Of Mental Health And The Chief Administrator Of The Courts) › Section 110.3 - Examination order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) Upon entry of a verdict of not
					 responsible by reason of mental disease or defect, or upon the acceptance of a
					 plea of not responsible by reason of mental disease or defect, the court must
					 immediately issue an examination order [C PL 330.20(2)]. The form and contents
					 of this examination order are prescribed in Form A and Form B (see Chapter II
					 of Subtitle D of this Title). Form A directs that the defendant be committed to
					 a secure facility as the place for conducting the psychiatric examination. Form
					 B directs that the examination be conducted on an outpatient basis. Form B may
					 be used in the court's discretion, but only if the defendant was not in custody
					 at the time of the "not responsible" verdict or plea because he was previously
					 released on bail or on his own recognizance [C PL 330.20(3)].
(b) Form A authorizes
					 confinement in a secure facility for a period not exceeding 30 days [C PL
					 330.20(4)]. Upon application of the commissioner, the court may authorize
					 confinement for an additional period not exceeding 30 days when a longer period
					 is necessary to complete the examination. Form A-1 prescribes the form and
					 contents of this application and the order authorizing confinement for an
					 additional period.
(c) Form B directs the outpatient
					 psychiatric examination be completed within 30 days after the defendant has
					 first reported to the place designated by the commissioner [C PL 330.20(4)].
					 Upon application of the commissioner, the court may extend such period for a
					 reasonable time if a longer period is necessary to complete the examination.
					 Form B-1 prescribes the form and contents of this application and the order
					 extending the examination period. If the commissioner informs the court that
					 confinement of the defendant is necessary for an effective examination, the
					 court must direct that the defendant be confined in a facility designated by
					 the commissioner until the examination is completed [C PL 330.20(3)]. This
					 direction may be made orally, on the record, in open court.
(d) When an examination order
					 is issued, the clerk of the court shall promptly forward or furnish a copy of
					 this order to the persons named in Form A or Form B. In order to assist the
					 psychiatric examiners in their examination of the defendant, the clerk of the
					 court shall also promptly forward to the commissioner, or directly to the
					 designated psychiatric examiners, the following material:
(1) a copy of the indictment
					 and any other accusatory instrument in the court's file;
(2) a copy of any examination
					 report submitted pursuant to CPL article 730;
(3) any psychiatric reports or medical
					 records received in evidence at the trial or other proceedings before the
					 court; and
(4) any
					 other data or material designated by the court or requested by the psychiatric
					 examiners, including any available and transcribed psychiatric testimony given
					 at the trial or other proceedings before the court.