New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Appendices › Appendix 12 › FORMS FOR ARTICLE 730 CRIMINAL PROCEDURE LAW › Form C - Forms adopted by Judicial Conference

Current through Register Vol. 46, No. 28, July 10, 2024
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NOW, on motion of ________, it is
ORDERED that the above named defendant be committed to the
					 custody of the Commissioner of Mental Hygiene for care and treatment in an
					 appropriate institution of the Department of Mental Hygiene to be designated by
					 said Commissioner for a period not to exceed ninety days from the date of this
					 order, and it is further
ORDERED, that the defendant, if he be in detention, be
					 continued in detention at ________ pending designation of an appropriate
					 institution by the Commissioner of Mental Hygiene, and, upon notice by the
					 Commissioner of Mental Hygiene of the designated institution, be delivered
					 thereto by ____________
and it is further
ORDERED, that the accusatory instrument filed in this court
					 against such defendant is hereby dismissed.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
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ORDERED that if the person in charge of the institution in
					 which the defendant is confined determines at any time that the defendant is no
					 longer an incapacitated person, such person shall give notice in writing of
					 such determination to this court and to the District Attorney, and it is
					 further
ORDERED that the defendant, if he be in detention, be
					 continued in detention at ________ pending designation of an appropriate
					 institution by the Commissioner of Mental Hygiene, and upon notice by the
					 Commissioner of Mental Hygiene of the designated institution be delivered
					 thereto by ____________.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
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AND it appearing to my satisfaction that the said defendant
					 as a result of mental disease or defect lacks capacity to understand the
					 proceedings against him or to assist in his own defense,
(Strike out the following paragraph if no finding of
					 dangerousness.)
AND it appearing further to my satisfaction that said
					 defendant is a dangerous incapacitated person, that is, an incapacitated person
					 who is so mentally ill or mentally defective that his presence in an
					 institution operated by the Department of Mental Hygiene is dangerous to the
					 safety of other patients therein, the staff of the institution or the
					 community,
AND it appearing further that the maximum term of
					 imprisonment for the highest lass of felony charged in the indictment against
					 the defendant or for the highest class of felony of which the defendant was
					 convicted is ________ years, that two thirds of such authorized maximum term of
					 imprisonment is ________ years, ________ months, ________ days, and that the
					 aggregate of the periods for which the defendant was authorized to be retained
					 pursuant to the order of commitment and orders of retention is, as of the date
					 of this order, ________ years, ________ months, ________ days and the aggregate
					 of the periods of escape from custody is, as of the date of this order,
					 ________ years, ________ months, ________ days,
NOW, THEREFORE, it is
ORDERED that: [NOTE: Check the appropriate one of the
					 following two paragraphs, depending on whether there has been a finding of
					 dangerousness. Strike out the inappropriate paragraph, The period of authorized
					 retention may not exceed the period prescribed in C.P.L. Article 730]
[ ] the above named defendant is hereby adjudicated to be
					 an incapacitated person and is hereby authorized to be retained in the custody
					 of the Commissioner of Mental Hygiene for care and treatment in an appropriate
					 institution operated by the Department of Mental Hygiene to be designated by
					 said Commissioner, for a period not to exceed ________ years, ________ months,
					 ________ days from the date of this order, and it is further
[ ] the above named defendant is hereby adjudicated to be a
					 dangerous incapacitated person and is hereby committed to the custody of the
					 Commissioner of Mental Hygiene for care and treatment in an appropriate
					 institution operated by the Department of Mental Hygiene or operated by the
					 Department of Correction to be designated by said Commissioner, for a period
					 not to exceed ________ years, ________ months, ________ days from the date of
					 this order, and it is further
ORDERED that, if the person in charge of the institution in
					 which the defendant is confined determines that the defendant is no longer an
					 incapacitated person, such person shall gave notice in writing of such
					 determination to the court and to the District Attorney.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
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NOTICE TO ACQUITTED DEFENDANT: You may make application to
					 the court for a dsicharge or conditional release pursuant to Section 330.20  of the Criminal Procedure Law to
					 determine whether or not you may be discharged or released without danger to
					 yourself or to others. You may have a jury trial of this issue if you so
					 request.
You are also 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 and others interested in your
					 welfare with assistance and information as to your rights under the law and the
					 procedures governing your retention. You or others on your behalf are entitled
					 to communicate with a representative of the Service at any time.
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[FN*] [26 NYCRR Part 100]