New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction › Form 16-h - Application for order of retention

Current through Register Vol. 46, No. 28, July 10,
				2024
C.P.L. Article 730
FORM 16-h
12/88
APPLICATION FOR
ORDER OF RETENTION
________ COURT OF ________
COUNTY OF ________
________x
IN THE MATTER
OF
The Application for an Order APPLICATION
				  FOR
of Retention Pursuant to the ORDER OF
				  RETENTION
Criminal Procedure Law
of Indictment No. ________
________
An Incapacitated Person
________x
The Director of ________ Facility, located at
				  ________ hereby respectfully makes application to this court for an order of
				  retention, pursuant to section
				  730.50 of the Criminal Procedure Law,
				  authorizing continued custody of the above named defendant.
The said defendant was committed to the
				  custody of the Commissioner of (OMH) (OMRDD) by court order dated ________, and
				  thereafter retained in such custody by further order or orders of retention
				  each dated ________ (indicate if none), and said defendant is now confined,
				  pursuant to the designation of said commissioner, at ________ Facility, of
				  which I am in charge.
Said defendant has been carefully observed and
				  examined, and it is my opinion that the defendant continues to be an
				  incapacitated person.
Annexed hereto is a summary of the defendant's
				  history and condition which supports that opinion, a copy of the indictment and
				  a copy of each said order.
It appears that the maximum term of
				  imprisonment for the highest class of felony charged in the indictment or of
				  which the defendant was convicted is ________ years and that two-thirds of such
				  maximum term is ________ years, ________ months, ________ days.
The aggregate of the periods for which the
				  defendant was authorized to be retained pursuant to the order of commitment and
				  any subsequent order of retention is, as of the date of this application,
				  ________ years, ________ months, ________ days and the aggregate of the periods
				  of escape from custody is, as of the date of this application, ________ years,
				  ________ months, ________ days.
WHEREFORE, the undersigned respectfully
				  requests this court to enter an order adjudicating the defendant to be an
				  incapacitated person and authorizing the retention of the above named defendant
				  in the custody of the Commissioner of (OMH) (OMRDD) for care and treatment in
				  an appropriate facility to be designated by the Commissioner for a period
				  authorized by law.
Dated: ________ ____________
Signature of Facility Director
____________
Printed Name
____________
Facility
CERTIFICATE OF SERVICE
A copy of this application was personally
				  served upon the defendant on the ________ day of ________, 19________, with a
				  notice of (his) (her) right to request a hearing and copies thereof have been
				  served by mail upon the Mental Hygiene Legal Service, the District Attorney of
				  ________County, and
_________
(I) [FN3] ( ____________ and I jointly and
				  severally) undertake that defendant will appear in
Dated: ________ ____________
Signature of Facility Director
____________
Printed Name
____________
Facility