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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM L
APPLICATION FOR A SUBSEQUENT
					 RETENTION
ORDER AND NOTICE OF APPLICATION
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
An Application for a Subsequent
					 Retention
Order Pursuant to C PL 330.20 in Relation
					 to
________
Defendant
________
(1) The undersigned is authorized by
				  the State Commissioner of Mental Health to submit this application for a
				  subsequent retention order for and on behalf of the said
				  Commissioner.
(2)
				  This application for a subsequent retention order is being submitted to the
				  following court: [check one and print name and address of the indicated court]
Court that issued the second retention order
					 ____________
Court that issued the last issued subsequent
					 retention order ____________
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) This application for a subsequent
				  retention order is made pursuant to subdivision 9 of C PL 330.20. If this
				  application is granted, the undersigned requests that the subsequent retention
				  order issued by the court take effect at the expiration of the period referred
				  to in paragraph (11) paragraph (12) paragraph (13) of this application and that
				  it authorize continued custody of the above-named defendant by the Commissioner
				  of Mental Health for a period not to exceed two years.
(4) The 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 for six months 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, a
				  transfer order was issued by the following court on the following date:
[Name of court] ____________
[Date of transfer order] ____________
(6) Prior to the
				  issuance of the recommitment order referred to in paragraph (4) of this
				  application, a release order was issued by the following court on the following
				  date:
[Name of court] ____________
[Date of release order] ____________
(7) Subsequent to
				  the issuance of the order referred to in paragraph (4) of this application, a
				  first retention order was issued by the following court on the following date:
[Name of court] ____________
[Date of first retention order]
					 ____________
(8) Subsequent to the issuance of the
				  first retention order referred to in paragraph (7) of this application, a
				  second retention order was issued by the following court on the following date:
[Name of court] ____________
[Date of second retention order]
					 ____________
(9) Subsequent to the issuance of the
				  second retention order referred to in paragraph (8) of this application, a
				  subsequent retention order was issued by the following court on the following
				  date:
[Name of court] ____________
[Date of subsequent retention order]
					 ____________
(10) Following the issuance of the
				  subsequent retention order referred to in paragraph (9) of this application, a
				  new subsequent retention order was issued by the following court on the
				  following date:
[Name of court] ____________
[Date of each subsequent retention order,
					 including last subsequent retention order] ____________
(11) Pursuant to the second
				  retention order referred to in paragraph (8) of this application, the
				  above-named defendant is currently confined in the following secure facility
				  nonsecure facility of the State Office of Mental Health: ____________. The
				  aforesaid second retention order authorized the Commissioner of Mental Health
				  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 order referred to in paragraph (7) of this application. The period
				  prescribed in the said second retention order expires on: ________
(12) Pursuant to the
				  subsequent retention order referred to in paragraph (9) of this application,
				  the above-named defendant is currently confined in the following secure
				  facility nonsecure facility of the State Office of Mental Health: ________. The
				  aforesaid subsequent retention order authorized the Commissioner of Mental
				  Health 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 second retention order referred to in paragraph (8) of this
				  application. The period prescribed in the said subsequent retention order
				  expires on: ________
(13) Pursuant to the last issued
				  subsequent retention order referred to in paragraph (10) of this application,
				  the above-named defendant is currently confined in the following secure
				  facility nonsecure facility of the State Office of Mental Health: ________. The
				  aforesaid last subsequent retention order authorized the Commissioner of Mental
				  Health 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 previously issued subsequent retention order referred to in
				  paragraph (10) of this application. The period prescribed in the last issued
				  subsequent retention order expires on: ________
(14) This application is made
				  upon the ground that the undersigned is of the view that the above-named
				  defendant [check one]:
currently suffers from a dangerous mental
					 disorder as that term is defined in paragraph (c) of subdivision 1 of C PL
					 330.20 in that the defendant currently suffers from an affliction with a mental
					 disorder or mental condition which is manifested by a disorder or disturbance
					 in behavior, feeling, thinking or judgment to such an extent that the defendant
					 requires care, treatment and rehabilitation, and that because of such condition
					 the defendant currently constitutes a physical danger to himself or
					 others.
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 the above-named defendant is mentally ill in that the defendant
					 currently suffers from a mental illness for which care and treatment as a
					 patient, in the inpatient services of a psychiatric center under the
					 jurisdiction of the State Office of Mental Health, is essential to such
					 defendant's welfare and that his judgment is so impaired that he is unable to
					 understand the need for such care and treatment.
(15) The annexed psychiatric
				  reports are made a part of this application for a subsequent retention order
				  and support the opinion of the undersigned concerning the current mental
				  condition of the above-named defendant.
(16) Pursuant to the provisions of
				  subdivision 9 of C PL 330.20, this application is being made at least 30 days
				  prior to the expiration of the period referred to in paragraph (11) paragraph
				  (12) paragraph (13) of this application.
(17) Written notice of this application
				  for a subsequent retention order has been given to the above-named defendant,
				  counsel for the defendant, the Mental Health Information Service and the
				  District Attorney. This written notice was given at least 15 days prior to the
				  date that this application will be submitted to the court indicated in
				  paragraph (2) of this application.
(18) No previous application for the
				  relief requested herein has been made to any court.
WHEREFORE, the undersigned respectfully
					 requests that this application be granted and that a subsequent retention order
					 issue authorizing continued custody of the above-named defendant by the
					 Commissioner of Mental Health for a period not to exceed two years from the
					 date such retention order takes effect.
______________
Signature
______________
Type or Print Name
______________
Title
Date: ________
NOTICE OF APPLICATION FOR A SUBSEQUENT
					 RETENTION 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 subsequent retention order will be submitted to the court
					 indicated in paragraph (2) of the application on:
[Date] ____________
[Time] ____________
Upon receipt of the above application for a
					 subsequent retention order, the court may, on its own motion, conduct a hearing
					 to determine whether the defendant has a dangerous mental disorder.
The court must conduct a hearing to
					 determine whether the defendant has a dangerous mental disorder if a timely
					 demand is made to the court by the defendant, counsel for the defendant, the
					 Mental Health Information Service or the District Attorney.
A demand for a hearing is timely if it is
					 made within 10 days from the date that this notice of application was given to
					 you.
You may make a demand for a hearing by
					 writing directly to the court indicated in paragraph (2) of the above
					 application.
Failure to demand a hearing will permit the
					 court to rule on the above application without a hearing.
SPECIAL NOTICE TO DEFENDANT:
You are hereby advised that the Mental
					 Health Information Service, which is an agency of the Supreme Court of the
					 State of New York, has been established to provide you with assistance and
					 information as to your rights under the law and the procedures governing your
					 retention. You are entitled to communicate with a representative of the Service
					 at any time.
The location and telephone number of the
					 Mental Health Information Service office serving your hospital appear
					 below.
You may communicate with the Mental Health
					 Information Service office directly, or you may request a member of the
					 hospital staff to inform the Service of your desire to see a representative. A
					 member of the Service will then see you in the hospital.
You have a right to a court hearing on the
					 above application if you make a timely demand for such hearing. You have a
					 right to be represented by counsel at such hearing and you have the right to
					 have counsel assigned by the court if you are financially unable to obtain your
					 own lawyer.
Mental Health Information Service
____________
____________
Telephone No. ____________