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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM K
SECOND RETENTION ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
A Second 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
					 thereafter 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 count] ____________
[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 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, the Commissioner of Mental Health being
					 thereafter 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 by a
					 first retention order issued under the provisions of subdivision 8 of C PL
					 330.20 by the following court on the following date:
[Name of court] ____________
[Date of first retention order]
					 ____________
And, pursuant to the aforesaid first
					 retention order, the above-named defendant being currently confined in the
					 following secure facility nonsecure facility of the State Office of Mental
					 Health: ____________;
And, the period prescribed in the aforesaid
					 first retention order expiring on ____________;
And, an application having been made
					 pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental
					 Health for a release order or second retention order to authorize the continued
					 custody of the above-named defendant by the Commissioner of Mental Health for a
					 period not to exceed two years from the date of the expiration of the aforesaid
					 first retention 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 term is 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
					 an order of conditions if the above-named defendant is currently confined in a
					 secure facility pursuant to the first retention order.]
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 two years from the expiration of the
					 period prescribed in the aforesaid first retention order.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court