reglab/statecodes huggingface dataset:
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 104 - Retention And Disposition Of Court Records › Section 104.3 - Procedure for disposition of court records

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Any court seeking to dispose of
					 court records shall make a written request for such disposal to the Deputy
					 Chief Administrator for Management Support. The request shall describe in
					 appropriate detail the records sought to be disposed of, including the nature
					 of the records and the range of dates of their filing or creation.
(b) The Deputy Chief
					 Administrator for Management Support shall determine the request based upon the
					 retention schedules created pursuant to section
					 104.2 of this Part and in
					 accordance with the needs of the courts. The Deputy Chief Administrator may
					 require that a sampling of the records be made, based upon a methodology
					 approved by the Deputy Chief Administrator, and that the sample be retained for
					 research purposes.
(c) Suitability of arrangement for the
					 storage of court records outside of court facilities, including any contracts
					 entered into for such storage, shall be approved by the Deputy Chief
					 Administrator for Management Support.
(d) Nothing in the retention schedules
					 or these rules shall limit the authority of the Deputy Chief Administrator for
					 Management Support to permit the disposition of any court records upon a
					 showing of special circumstances and as permitted by law.
(e) In those actions or
					 proceedings where the retention schedules provide that the period of retention
					 shall commence at the date of disposition of the action or proceeding, where
					 the clerk of any court has opened a case file for such action or proceeding,
					 and where a continuous period of at least five years has elapsed during which
					 such file is totally inactive, there being no additional papers filed therein
					 nor any additional notations made therein or on the file jacket, the required
					 period of retention for such file shall be deemed to have commenced at the end
					 of such five-year period and the file may be disposed of in accordance with
					 these rules and the appropriate retention schedules. This provision shall have
					 no effect upon the action or proceeding or any substantive or procedural rights
					 of any of the parties.
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 104 - Retention And Disposition Of Court Records › Section 104.4 - Reproduction of court records in an alternative format

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) All contracts, processes,
					 procedures and apparatus for the reproduction of court records in an
					 alternative format shall be subject to prior approval by the Deputy Chief
					 Administrator for Management Support.
(b) Court records that have been
					 reproduced pursuant to subdivision (a) of this section may be disposed of
					 pursuant to section
					 104.3 of this Part, provided that
					 the reproductions are satisfactorily identified and indexed, are in a format
					 that allows for accurate reproduction, and are stored in a facility approved by
					 the Deputy Chief Administrator for Management Support.
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 104 - Retention And Disposition Of Court Records › Section 104.5 - Confidentiality

Current through Register Vol. 46, No. 28, July 10,
					 2024
Court records that are reproduced in an
						alternative format, retained for research purposes or designated for
						disposition remain subject to all statutory provisions pertaining to access and
						confidentiality that are applicable to the original records. Arrangements for
						the reproduction, retention or disposal of court records that are sealed or
						otherwise deemed confidential must preserve the level of protection and
						non-access required by law.
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 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment Or Dismissing An Indictment And Directing The Filing Of A Prosecutor's Information › Section 105.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
This Part shall govern the procedure for
						an expedited appeal to the Appellate Division, pursuant to C PL 210.20(6)(c),
						450.20(1-a) and 450.55, of an order by a superior court reducing a count or
						counts of an indictment or dismissing an indictment and directing the filing of
						a prosecutor's information.
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 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment Or Dismissing An Indictment And Directing The Filing Of A Prosecutor's Information › Section 105.2 - Request to expedite appeal

Current through Register Vol. 46, No.
					 28, July 10, 2024
After the People file and serve a notice
						of appeal pursuant to C PL 460.10(1), either party may request that the
						Appellate Division to which the appeal has been taken expedite the appeal. If a
						request is made, the Appellate Division shall hear the appeal on an expedited
						basis as set forth in this Part.
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 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment Or Dismissing An Indictment And Directing The Filing Of A Prosecutor's Information › Section 105.3 - Procedure

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 The Appellate Division shall establish an expedited briefing schedule for the
					 appeal. Briefs may be typewritten or reproduced. The People shall file nine
					 copies of a brief and an appendix, which shall include a copy of the indictment
					 and the trial court's decision and order. The respondent shall file nine copies
					 of a brief and, if necessary, an appendix. One copy of the brief and appendix
					 shall be served on opposing counsel.
(b) The appeal may be taken on one
					 original record, which shall include copies of the indictment, the motion
					 papers, the trial court's decision and order, and the notice of
					 appeal.
(c) The
					 People shall file with the Appellate Division, separately from the record, one
					 copy of the grand jury minutes.
(d) The Appellate Division shall give
					 preference to the hearing of an appeal perfected pursuant to this Part and
					 shall determine the appeal as expeditiously as possible.
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 105 - Expedited Criminal Appeal Of An Order Reducing An Indictment Or Dismissing An Indictment And Directing The Filing Of A Prosecutor's Information › Section 105.4 - Court-assigned counsel to continue representation

Current through
					 Register Vol. 46, No. 28, July 10, 2024
Unless otherwise ordered by the Appellate
						Division, if the defendant is represented in a superior court by court-assigned
						counsel, such counsel shall continue to represent the defendant in any appeal
						by the People of an order reducing an indictment or dismissing an indictment
						and directing the filing of a prosecutor's information.
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 106 - Electronic Court Appearances › Section 106.1 - Authorization

Current through Register Vol. 46, No. 28, July 10,
					 2024
In such counties authorized by law, a
						court exercising criminal jurisdiction may, except at a hearing or trial,
						dispense with the personal appearance of the defendant and conduct an
						electronic appearance in connection with a criminal action.
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 106 - Electronic Court Appearances › Section 106.2 - Electronic appearance

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An electronic appearance shall
					 consist of an appearance in which some of the participants, including the
					 defendant, are not present in the court, but all of the participants are
					 simultaneously visible and audible to one another by means of an independent
					 audio-visual system.
(b) The independent audio-visual system
					 must be approved by the Commission on Cable Television as technically suitable
					 for the conducting of electronic appearances.
(c) A defendant may participate in an
					 electronic appearance only upon his or her consent on the record after
					 consultation with counsel.
(d) A defendant, on the record, may
					 waive the presence of counsel at the place where the defendant is physically
					 located, but the defendant and counsel must be able to see and hear each other
					 and engage in private conversation.
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 106 - Electronic Court Appearances › Section 106.3 - Termination

Current through Register Vol. 46, No. 28, July 10,
					 2024
If the court determines on its own or on
						motion of any party that, for any reason, the conduct of the electronic
						appearance may impair the legal rights of the defendant, it shall not permit
						the electronic appearance to proceed. If either party requests at any time, for
						any articulated reason, that the electronic appearance be terminated, the court
						shall grant the request and adjourn the proceeding to a date certain. On the
						adjourned date, the court, if practicable, shall begin the proceeding from the
						point at which the request to terminate the electronic appearance had been
						granted.
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 106 - Electronic Court Appearances › Section 106.4 - Conditions and limitations

Current through Register Vol. 46, No. 28,
					 July 10, 2024
The following conditions and limitations
						shall apply to all electronic appearances:
(a) The defendant may not enter a plea
					 of guilty to, or be sentenced upon a conviction of, a felony.
(b) The defendant may not
					 enter a plea of not responsible by reason of mental disease or
					 defect.
(c) The
					 defendant may not be committed to the State Department of Mental Hygiene
					 pursuant to article 730 of the Criminal Procedure Law.
(d) The defendant may not
					 enter a plea of guilty to a misdemeanor conditioned upon a promise of
					 incarceration unless such incarceration will be imposed only in the event that
					 the defendant fails to comply with a term or condition imposed under the
					 original sentence.
(e) A defendant who has been convicted
					 of a misdemeanor may not be sentenced to a period of incarceration that exceeds
					 the time the defendant has already served when sentence is imposed.
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 106 - Electronic Court Appearances › Section 106.5 - Record

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 An electronic recording may be made of the electronic appearance, but this
					 recording must remain within the custody of the clerk of the court that
					 conducted the proceeding. No electronic recording may be released, duplicated,
					 viewed or inspected without the permission, in writing, of the administrative
					 judge for the court that conducted the proceeding.
(b) Stenographic recording of
					 the electronic appearance shall be made, and shall be made available for
					 inspection or copying, to the same extent and in the same manner as if it were
					 an ordinary appearance rather than an electronic appearance.
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.0 - April 1, 1987 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective April 1, 1987, the salary schedule required by
						section 2(b) of chapter 477 of the Laws of 1985 shall be as follows:
Grade
Increment
Hiring Rate
1st Year
2nd Year
3rd Year
4th Year
Maximum 5th Year
1st Longevity
2nd Extra
								  Longevity
JG-501
545
11055
11600
12145
12690
13235
13780
14325
14870
JG-502
572
11492
12064
12636
13208
13780
14352
14924
15496
JG-503
599
12078
12677
13276
13875
14474
15073
15672
16271
JG-504
630
12648
13278
13908
14538
15168
15798
16428
17058
JG-505
667
13253
13920
14587
15254
15921
16588
17255
17922
JG-506
693
14018
14711
15404
16097
16790
17483
18176
18869
JG-507
723
14834
15557
16280
17003
17726
18449
19172
19895
JG-508
751
15701
16452
17203
17954
18705
19456
20207
20958
JG-509
789
16594
17383
18172
18961
19750
20539
21328
22117
JG-510
823
17579
18402
19225
20048
20871
21694
22517
23340
JG-511
862
18634
19496
20358
21220
22082
22944
23806
24468
JG-512
896
19725
20621
21517
22413
23309
24205
25101
25997
JG-513
937
20909
21846
22783
23720
24657
25594
26531
27468
JG-514
977
22160
23137
24114
25091
26068
27045
28022
28999
JG-515
1018
23465
24483
25501
26519
27537
28555
29573
30591
JG-516
1068
24804
25872
26940
28008
29076
30144
31212
32280
JG-517
1121
26288
27359
28480
29601
30722
31843
32964
34085
JG-518
1175
27767
28942
30117
31292
32467
33642
34817
35992
JG-519
1230
29303
30533
31763
32993
34223
35453
36683
37913
JG-520
1285
30843
32128
33413
34698
35983
37268
38553
39838
JG-521
1340
32527
33867
35207
36547
37887
39227
40567
41907
JG-522
1399
34313
35712
37111
38510
39909
41308
42707
44106
JG-523
1458
36170
37628
39086
40544
42002
43460
44918
46376
JG-524
1511
38151
39662
41173
42684
44195
45706
47217
48728
JG-525
1577
40305
41882
43459
45036
46613
48190
49767
51344
JG-526
1645
42463
44108
45753
47398
49043
50688
52333
53978
JG-527
1701
44819
46520
48221
49922
51623
53324
55025
56726
JG-528
1764
47235
48999
50763
52527
54291
56055
57819
59583
JG-529
1831
49778
51609
53440
55271
57102
58933
60764
62595
JG-530
1895
52435
54330
56225
58120
60015
61910
63805
65700
JG-531
1957
55303
57260
59217
61174
63131
65088
67045
69002
JG-532
2019
58323
60342
62361
64380
66399
68418
70437
72456
JG-533
2083
61549
63632
65715
67798
69881
71964
74047
76130
JG-534
2145
64913
67058
69208
71348
73493
75638
77783
79928
JG-535
2204
68356
70560
72764
74968
77172
79376
81580
83784
JG-536
2272
71857
74129
76401
78673
80945
83217
85489
87761
JG-537
2332
75714
78046
80378
82710
85042
87374
89706
92038
JG-538
72775+
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.1 - June 23, 1988 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective June 23, 1988, the salary
						schedule required by section 2(a)(1) and (2) of chapter 658 of the Laws of 1988
						shall be as follows:
Image
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.2 - April 1, 1989 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective April 1, 1989, the salary
						schedule required by section 2(b) of chapter 658 of the Laws of 1988 shall be
						as follows:
Image
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.3 - April 1, 1990 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective April 1, 1990, the salary
						schedule required by section 2(c) of chapter 658 of the Laws of 1988 shall be
						as follows:
Image
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.4 - April 1, 1993 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective April 1, 1993, the salary
						schedule required by section 2(a) of chapter 502 of the Laws of 1992 shall be
						as follows:
Image
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 107 - Salary Schedule For Certain Nonjudicial Officers And Employees Of The Unified Court System › Section 107.5 - April 1, 1994 salary schedule

Current through Register Vol. 46, No.
					 28, July 10, 2024
Effective April 1, 1994, the salary
						schedule required by section 2(a) of chapter 502 of the Laws of 1992 shall be
						as follows:
Image
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 108 - Format Of Court Transcripts And Rates Of Payment Therefor › Section 108.1 - General

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Unless otherwise provided herein, this Part shall govern the format of each
					 page of a transcript of court proceedings to be furnished by a court reporter
					 who is an employee of the Unified Court System or who is an independent
					 contractor, the rate of payment to which he or she is entitled therefor, and
					 the requirements for the agreement between court reporter and the requesting
					 party.
(b) For
					 purposes of this Part, the term transcript shall mean a transcription of the
					 stenographic minutes taken by one or more court reporters, constituting a
					 complete record of all court proceedings in a case.
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 108 - Format Of Court Transcripts And Rates Of Payment Therefor › Section 108.2 - Payment for transcript

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Unless otherwise provided by law,
					 this section shall apply where the Unified Court System or persons or parties
					 other than the Unified Court System are responsible for payment to the court
					 reporter for the transcript, or some portion thereof, that is
					 furnished.
(b)
(1) For furnishing a
					 transcript of court proceedings, or some portion thereof, a court reporter
					 shall be paid at the following rates:
(i) Where the Unified Court System is
					 responsible by law for payment to the court reporter--$2.50 per page for an
					 original plus $1.00 per page for each copy, except that: for delivery as
					 required by section
					 460.70 of the Criminal Procedure
					 Law--$3.50 per page for an original plus no charge for the first copy; and for
					 regular delivery to a judge pursuant to section
					 299 of the
					 Judiciary Law--no charge.
(ii) Except as otherwise provided in
					 subparagraph (i) of this paragraph, where payment to the court reporter is to
					 come from public funds: for regular delivery -- between $2.50 per page and
					 $3.15 per page for an original plus $1.00 per page for each copy; for expedited
					 delivery -- between $3.15 per page and $4.25 per page for an original plus
					 $1.10 per page for each copy; and for daily delivery -- between $3.75 per page
					 and $5.25 per page for an original plus $1.25 per page for each copy.
(iii) In all instances not
					 covered by subparagraphs (i) and (ii) of this paragraph: for regular delivery
					 -- between $3.30 per page and $4.30 per page for an original plus $1.00 per
					 page for each copy; for expedited delivery -- between $4.40 per page and $5.40
					 per page for an original plus $1.10 per page for each copy; and for daily
					 delivery -- between $5.50 per page and $6.50 per page for an original plus
					 $1.25 per page for each copy.
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 108 - Format Of Court Transcripts And Rates Of Payment Therefor › Section 108.3 - Standard transcript specifications

Current through Register
					 Vol. 46, No. 28, July 10, 2024
(a) Transcripts shall be on paper which
					 is 81/2 x 11 inches in size.
(b) Each page of a transcript shall
					 conform to the following specifications:
(1) Each page, except those listed in
					 subparagraphs (i) through (iii) of this paragraph, shall have 25 numbered lines
					 of material thereon, excluding a line devoted to the title and page number:
(i) the page on which the
					 title is included or, if transcription of the title requires more than one
					 page, the last of such pages;
(ii) the page on which the index is
					 included or, if transcription of the index requires more than one page, the
					 last of such pages; and
(iii) for each day on which a court
					 reporter takes minutes of proceedings in a case, the last page of the
					 transcription thereof, or, where more than one court reporter takes minutes of
					 the proceedings in a case, the last such page of each portion of the transcript
					 furnished by each court reporter.
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 108 - Format Of Court Transcripts And Rates Of Payment Therefor › Section 108.4 - Written agreement

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) Each court reporter who furnishes a
					 transcript of a court proceeding shall, at the time the transcript is
					 requested, enter into a written agreement for its production with the person or
					 party requesting the transcript. The agreement shall be made on the form set
					 forth in the Appendix to this Part. (Court Reporter Minute Agreement Form, see
					 section 108.5 of this Part.)
(b) Except as otherwise may be
					 provided in a memorandum of understanding with the Unified Court System, each
					 court reporter who enters into such written agreement shall file a copy of that
					 agreement in the office of the appropriate administrative judge, or his or her
					 designee, no later than seven days after entering into the agreement.
(c) This section shall not
					 apply where payment to the court reporter for the transcript is to come from
					 public funds.
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 109 - Attendance Of Persons At Hearings To Determine The Mental Condition Of A Person › Section 109.1 - Attendance at civil proceedings held pursuant to Mental Hygiene Law, or other law, to determine the mental condition of a person

Current
					 through Register Vol. 46, No. 28, July 10, 2024
In exercising the inherent discretion
						possessed by the judge who is presiding in the courtroom to exclude any person
						or the general public from a civil proceeding held pursuant to the provisions
						of the Mental Hygiene Law, or other law, to determine the mental condition of a
						person, the judge shall consider whether the orderly and sound administration
						of justice, including the nature of the proceedings and the privacy of the
						parties, requires that persons be excluded from the courtroom. Whenever a judge
						exercises discretion to exclude any person or the general public from such
						proceeding, the judge shall make findings prior to ordering
						exclusion.
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 110.1 - Preamble

Current through Register Vol. 46, No. 28, July 10,
					 2024
(a)
					 Section 12 of chapter 548 of the Laws of 1980 requires the State Commissioner
					 of Mental Health and the Chief Administrator of the Courts to implement section
					 11 of that chapter (which added a new section 330.20 to the Criminal Procedure
					 Law, hereinafter cited as C PL 330.20) by jointly adopting rules respecting the
					 following matters:
(1) the
					 scope of the psychiatric examinations prescribed by C PL 330.20;
(2) the data to be furnished
					 the psychiatric examiners conducting the examinations prescribed in C PL
					 330.20;
(3) the form
					 and content of the examination reports required to be filed under C PL
					 330.20;
(4) the form
					 and content of the applications authorized to be filed under C PL 330.20;
					 and
(5) the form and
					 content of the court orders issuable under C PL 330.20.
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 110.2 - Definitions

Current through Register Vol. 46, No. 28, July 10,
					 2024
The definitions set forth in section 1.20,
						and in subdivision 1 of section
						330.20, of the Criminal Procedure Law
						shall be applicable to this Part and the forms appended
						hereto.
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 110.4 - Initial hearing, commitment order; civil commitment

Current through
					 Register Vol. 46, No. 28, July 10, 2024
(a) At the initial hearing
					 conducted pursuant to subdivision 6 of C PL 330.20, if the court finds that the
					 defendant has a dangerous mental disorder, it must issue a commitment order.
					 The form and contents of this commitment order are prescribed in Form
					 G.
(b) At the
					 initial hearing conducted pursuant to subdivision 6 of C PL 330.20, if the
					 court finds that the defendant is mentally ill but does not have a dangerous
					 mental disorder, the court must issue a civil order committing the defendant to
					 the custody of the commissioner. The form and contents of this civil order are
					 prescribed in Form F. When issuing this civil order, the court must also issue
					 at the same time an order of conditions. The form and contents of the order of
					 conditions are prescribed in Form N.
(c) At the initial hearing conducted
					 pursuant to subdivision 6 of C PL 330.20, if the court finds that the defendant
					 does not have a dangerous mental disorder and is not mentally ill, the court
					 must issue one of the following orders:
(1) an order discharging the defendant
					 unconditionally (Form D); or
(2) an order discharging the defendant
					 subject to an order of conditions (Form E and Form N).
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 110.5 - First retention order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant is in the custody
					 of the commissioner pursuant to a commitment order or a recommitment order, the
					 commissioner must, at least 30 days prior to the expiration of the period
					 prescribed in the order, apply to the court that issued the order, or to a
					 superior court in the county where the secure facility is located, for a first
					 retention order or a release order [C PL 330.20(8)]. Upon receipt of such
					 application, the court may, on its own motion, conduct a hearing to determine
					 whether the defendant has a dangerous mental disorder, and it must conduct such
					 hearing if a demand therefor is made by one of the parties.
(b) Form H prescribes the form
					 and contents of the application for a first retention order and the notice of
					 application. Form Q prescribes the form and contents of the application for a
					 release order and the notice of application. Following the submission of either
					 such application pursuant to subdivision 8 of C PL 330.20, if the court finds
					 that the defendant has a dangerous mental disorder it must issue a first
					 retention order. The form and contents of this first retention order are
					 prescribed in Form I.
(c) Following the submission of an
					 application for a first retention order (Form H) or an application for a
					 release order (Form Q) pursuant to subdivision 8 of C PL 330.20, if the court
					 finds that the defendant is mentally ill but does not have a dangerous mental
					 disorder, it must issue the following three orders:
(1) a first retention order (Form
					 I);
(2) a transfer
					 order (Form P); and
(3) an order of conditions (Form
					 N).
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 110.6 - Second retention order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant is in the custody
					 of the commissioner pursuant to a first retention order, the commissioner must,
					 at least 30 days prior to the expiration of the period prescribed in the order,
					 apply to the court that issued the order, or to a superior court in the county
					 where the facility is located, for a second retention order or a release order
					 [C PL 330.20(9)]. Upon receipt of such application, the court may, on its own
					 motion, conduct a hearing to determine whether the defendant has a dangerous
					 mental disorder, and it must conduct such hearing if a demand therefor is made
					 by one of the parties.
(b) Form J prescribes the form and
					 contents of the application for a second retention order and the notice of
					 application. Form Q prescribes the form and contents of the application for a
					 release order and the notice of application. Following the submission of either
					 such application pursuant to subdivision 9 of C PL 330.20, if the court finds
					 that the defendant has a dangerous mental disorder it must issue a second
					 retention order. The form and contents of this second retention order are
					 prescribed in Form K.
(c) Following the submission of an
					 application for a second retention order (Form J) or an application for a
					 release order (Form Q) pursuant to subdivision 9 of C PL 330.20, if the court
					 finds that the defendant is mentally ill but does not have a dangerous mental
					 disorder, it must issue the following three orders:
(1) a second retention order (Form
					 K);
(2) a transfer
					 order (Form P); and
(3) an order of conditions (Form
					 N).
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 110.7 - Subsequent retention order

Current through Register Vol. 46, No.
					 28, July 10, 2024
(a) When a defendant is in the custody
					 of the commissioner pursuant to a second retention order, or a previously
					 issued subsequent retention order, the commissioner must, at least 30 days
					 prior to the expiration of the period prescribed in the order, apply to the
					 court that issued the order, or to a superior court in the county where the
					 facility is located, for a subsequent retention order or a release order [C PL
					 330.20(9)]. Upon receipt of such application, the court may, on its own motion,
					 conduct a hearing to determine whether the defendant has a dangerous mental
					 disorder, and it must conduct such hearing if a demand therefor is made by one
					 of the parties.
(b)
					 Form L prescribes the form and contents of the application for a subsequent
					 retention order and the notice of application. Form Q prescribes the form and
					 contents of the application for a release order and the notice of application.
					 Following the submission of either such application pursuant to subdivision 9
					 of C PL 330.20, if the court finds that the defendant has a dangerous mental
					 disorder it must issue a subsequent retention order. The form and contents of
					 this subsequent retention order are prescribed in Form M.
(c) Following the submission
					 of an application for a subsequent retention order (Form L) or an application
					 for a release order (Form Q) pursuant to subdivision 9 of C PL 330.20, if the
					 court finds that the defendant is mentally ill but does not have a dangerous
					 mental disorder, it must issue the following three orders:
(1) a subsequent retention
					 order (Form M);
(2)
					 a transfer order (Form P); and
(3) an order of conditions (Form
					 N).
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 110.8 - Furlough order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant is in the custody
					 of the commissioner in a secure facility pursuant to a commitment order, a
					 recommitment order, or a retention order, the commissioner may apply for a
					 furlough order pursuant to subdivision 10 of C PL 330.20. The application for a
					 furlough order may be made to the court that issued the commitment order or to
					 a superior court in the county where the secure facility is located. Upon
					 receipt of such application the court may, on its own motion, conduct a hearing
					 to determine whether the application should be granted, and must conduct such
					 hearing if a demand therefor is made by the district attorney.
(b) Form U prescribes the form
					 and contents of the application for a furlough order and the notice of
					 application. Following the submission of such application, if the court finds
					 that the issuance of a furlough order is consistent with the public safety and
					 welfare of the community and the defendant, and that the clinical condition of
					 the defendant warrants a granting of the privileges authorized by a furlough
					 order, the court must grant the application and issue a furlough order. The
					 form and contents of this furlough order are prescribed in Form V.
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 110.9 - Transfer order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant is in the custody
					 of the commissioner in a secure facility pursuant to a retention order or a
					 recommitment order, the commissioner may apply for a transfer order pursuant to
					 subdivision 11 of C PL 330.20. A transfer order may not be issued when the
					 defendant is in custody of the commissioner pursuant to a commitment order. The
					 application for a transfer order may be made to the court that issued the order
					 under which the defendant is then in custody, or to a superior court in the
					 county where the secure facility is located. Upon receipt of such application,
					 the court may, on its own motion, conduct a hearing to determine whether the
					 application should be granted, and must conduct such hearing if the demand
					 therefor is made by the district attorney.
(b) Form O prescribes the form and
					 contents of the application for a transfer order and the notice of application.
					 Following the submission of such application, the court must grant the
					 application and issue a transfer order if the court finds that the defendant
					 does not have a dangerous mental disorder, or if the court finds that the
					 issuance of a transfer order is consistent with the public safety and welfare
					 of the community and the defendant and that the clinical condition of the
					 defendant warrants his transfer from a secure facility to a nonsecure facility.
					 The form and contents of this transfer order are prescribed in Form
					 P.
(c) A court must
					 also issue a transfer order (Form P) when, in connection with an application
					 for a first retention order (Form H), a second retention order (Form J), or a
					 subsequent retention order (Form L), the court finds that the defendant is
					 mentally ill but does not have a dangerous mental disorder.
(d) Whenever a court issues a
					 transfer order (Form P), it must also issue an order of conditions (Form
					 N).
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 110.10 - Release order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) When a defendant is in the custody
					 of the commissioner pursuant to a retention order or a recommitment order, the
					 commissioner may apply for a release order pursuant to subdivision 12 of C PL
					 330.20. The application for a release order may be made to the court that
					 issued the order under which the defendant is then in custody, or to a superior
					 court in the county where the facility is located. Upon receipt of such
					 application, the court must promptly conduct a hearing to determine the
					 defendant's present mental condition.
(b) Form Q prescribes the form and
					 contents of the application for a release order and the notice of application.
					 At the conclusion of the hearing conducted pursuant to subdivision 12 of C PL
					 330.20, if the court finds that the defendant does not have a dangerous mental
					 disorder and is not mentally ill, it must grant the application and issue a
					 release order. The form and contents of this release order are prescribed in
					 Form R.
(c) At the
					 conclusion of the hearing conducted pursuant to subdivision 12 of C PL 330.20,
					 if the court finds that the defendant has a dangerous mental disorder, it must
					 deny the application for a release order.
(d) At the conclusion of the hearing
					 conducted pursuant to subdivision 12 of C PL 330.20, if the court finds that
					 the defendant does not have a dangerous mental disorder but is mentally ill, it
					 must issue a transfer order (Form P) if the defendant is then confined in a
					 secure facility.
(e)
					 A court must also issue a release order (Form R) when, in connection with an
					 application for a first retention order (Form H), a second retention order
					 (Form J), or a subsequent retention order (Form L), the court finds that the
					 defendant does not have a dangerous mental disorder and is not mentally ill [C
					 PL 330.20(12)].
(f)
					 Whenever a court issues a release order (Form R), it must also issue an order
					 of conditions (Form N).
(g) If the court has previously issued
					 a transfer order (Form P) and an order of conditions (Form N), it must issue a
					 new order of conditions upon issuing a release order (Form R).
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 110.11 - Order of conditions

Current through Register Vol. 46, No. 28,
					 July 10, 2024
(a) An order of conditions is issuable
					 in the following instances:
(1) If the court issues a transfer
					 order, it must also issue an order of conditions [C PL 330.20(11)].
(2) If the court issues a
					 release order, it must also issue an order of conditions [C PL
					 330.20(12)].
(3) If
					 the court at the initial hearing conducted pursuant to C PL 330.20(6) finds
					 that the defendant is mentally ill but does not have a dangerous mental
					 disorder, it must issue an order of conditions and a civil order committing the
					 defendant to the custody of the commissioner pursuant to the applicable
					 provisions of the Mental Hygiene Law [C PL 330.20(7)].
(4) If the court at the
					 initial hearing conducted pursuant to C PL 330.20(6) finds that the defendant
					 does not have a dangerous mental disorder and is not mentally ill, it must
					 discharge the defendant either unconditionally or subject to an order of
					 conditions [C PL 330.20(7)].
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 110.12 - Recommitment order

Current through Register Vol. 46, No. 28, July
					 10, 2024
(a) At any time during the period
					 covered by an order of conditions (Form N), an application may be made by the
					 commissioner or the district attorney for a recommitment order when the
					 applicant is of the view that the defendant has a dangerous mental disorder [C
					 PL 330.20(14)]. The application for a recommitment order may be made to the
					 court that issued the order of conditions, or to a superior court in the county
					 where the defendant is then residing. Form S prescribes the form and contents
					 of an application for a recommitment order.
(b) Upon receipt of an application for
					 a recommitment order (Form S), the court must order the defendant to appear
					 before it for a hearing to determine if the defendant has a dangerous mental
					 disorder. Form S-1 prescribes the form and contents of this order to appear. If
					 the defendant fails to appear in court as directed, the court must issue a
					 warrant. Form S-2 prescribes the form and contents of this warrant. When the
					 defendant is brought before the court on the warrant, the court may direct that
					 the defendant be confined in an appropriate institution. Form S-3 prescribes
					 the form and contents of this temporary confinement order.
(c) When the defendant appears
					 before the court on an application for a recommitment order (Form S), the court
					 must conduct a hearing to determine whether the defendant has a dangerous
					 mental disorder. If the court finds that the defendant has a dangerous mental
					 disorder, it must issue a recommitment order. The form and contents of this
					 recommitment order are prescribed in Form T.