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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM R
RELEASE ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
A Release 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 now being in the
					 custody of the State Commissioner of Mental Health and confined in a secure
					 facility nonsecure facility for care and treatment 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
a first retention order issued under the
					 provisions of subdivision 8 of C PL 330.20
a second retention order issued under the
					 provisions of subdivision 9 of C PL 33.20
a subsequent retention order issued under
					 the provisions of subdivision 9 of C PL 330.20
by the following court on the following
					 date:
[Name of court] ____________
[Date of order] ____________
And, an application having been made
					 pursuant to subdivision 8 of C PL 330.20 by the State Commissioner of Mental
					 Health for a first retention order;
And, an application having been made
					 pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental
					 Health for a second retention order;
And, an application having been made
					 pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental
					 Health for a subsequent retention order;
And, an application having been made
					 pursuant to subdivision 12 of C PL 330.20 by the State Commissioner of Mental
					 Health for a release order;
And, a demand for a hearing not having been
					 made;
And, a demand for a hearing having been
					 made, and such hearing 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 no longer has a dangerous mental disorder, as that term
					 is defined in paragraph (c) of subdivision 1 of C PL 330.20, and that the
					 above-named defendant is no longer mentally ill, as that term is defined in
					 paragraph (d) of subdivision 1 of C PL 330.20;
It is hereby
ORDERED that the Commissioner of Mental
					 Health is directed to terminate the above-named defendant's inpatient status
					 without terminating the said Commissioner's responsibility for the above-named
					 defendant, and it is further
ORDERED that if the above-named defendant,
					 on the date of this order, is confined in a secure facility of the State Office
					 of Mental Health by reason of a previously issued commitment order,
					 recommitment order, or retention order, the Commissioner of Mental Health
					 shall, in accordance with the provisions of subdivision 18 of C PL 330.20,
					 immediately serve a copy of this order upon the following:
1. the District
				  Attorney;
2. the
				  police department having jurisdiction of the area to which the defendant is to
				  be released; and
3.
				  [Any person the court may designate] ________, and it is further
ORDERED that if the above-named defendant,
					 on the date of this order, is confined in a secure facility of the State Office
					 of Mental Health by reason of a previously issued commitment order,
					 recommitment order or retention order, the Commissioner of Mental Health shall
					 terminate the above-named defendant's inpatient status four days, excluding
					 Saturdays, Sundays and holidays, after service of a copy of this order upon the
					 police department and person or persons named in the preceding decretal
					 paragraph.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court