New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter II - Cpl Section 330.20 Forms › Forms (cf. Part 110) › Form B-1 - Application and order to extend examination period

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM B-1
APPLICATION AND ORDER TO
EXTEND EXAMINATION PERIOD
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
PEOPLE OF THE STATE OF NEW YORK
vs. Indictment No. ____________
________
Defendant
________
(1) The undersigned is authorized by
				  the State Commissioner of Mental Health to submit this application for and on
				  behalf of the said Commissioner to the court pursuant to subdivision 4 of C PL
				  330.20 for an order extending the period to complete the psychiatric
				  examination of the above-named defendant which is being conducted on an
				  outpatient basis pursuant to an examination order previously issued by this
				  court.
(2) This
				  court issued an examination order on [date] ________ directing that the
				  above-named defendant submit to a psychiatric examination to determine whether
				  the said defendant has a dangerous mental disorder, or if he she does not have
				  a dangerous mental disorder, whether the said defendant is mentally
				  ill.
(3) The
				  examination order referred to in paragraph (2) of this application directed
				  that the psychiatric examination be conducted on an outpatient basis at such
				  time and place as the Commissioner of Mental Health shall designate, and that
				  the said examination shall be completed by ________ (within 30 days) after the
				  defendant has first reported to the place designated by the
				  Commissioner.
(4)
				  Pursuant to the examination order referred to in paragraph (2) of this
				  application, the following facility was designated by the Commissioner of
				  Mental Health as the place for conducting the psychiatric examination:
				  ____________
____________.
(5) The above-named defendant
				  first reported to the place referred to in paragraph (4) of this application on
				  [date] ________.
(6)
				  The psychiatric examiners designated by the Commissioner of Mental Health
				  pursuant to the examination order referred to in paragraph (2) of this
				  application have commenced their examination of the above-named defendant. The
				  30-day period referred to in the said examination order expires on [date]
				  ________.
(7) The
				  undersigned is of the view that the psychiatric examination of the above-named
				  defendant will not be completed prior to the expiration of the period referred
				  to in paragraph (6) of this application, and that a longer period will be
				  necessary to complete the aforesaid examination for the following reasons:
				  ____________
____________
and will be completed on the following date:
					 ________.
(8) Written notice of this application
				  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 five days prior to the date that this application
				  will be submitted to the court.
(9) No previous application for the
				  relief sought herein has been made.
WHEREFORE, the undersigned respectfully
					 requests that this application be granted and that the court issue an order
					 pursuant to subdivision 4 of C PL 330.20 extending the time for completing the
					 psychiatric examination directed by the previously issued examination order,
					 for an additional period not exceeding ________ days.
______________
Signature
______________
Type or Print Name
______________
Title
Date: ________
NOTICE OF APPLICATION
To:
1. Above-named defendant
2. Counsel for above-named
				  defendant
3. Mental
				  Health Information Service
4. District Attorney of ________
				  County