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

Current through Register Vol. 46, No. 28, July
				  10, 2024
FORM P
TRANSFER ORDER
STATE OF NEW YORK
SUPREME COURT COUNTY COURT
PART: ________ COUNTY: ____________
________
IN THE MATTER
of
A Transfer 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 for care and treatment pursuant to 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 330.20
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 11 of C PL 330.20 by the State Commissioner of Mental
					 Health for a transfer 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 a hearing having 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 does not have a dangerous mental disorder as that term is
					 defined in paragraph (c) of subdivision 1 of C PL 330.20;
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; [Check this box only
					 if an application has been made by the Commissioner pursuant to C PL
					 330.20(11).]
It is hereby
ORDERED that the Commissioner of Mental
					 Health is directed to transfer the above-named defendant from a secure facility
					 to a nonsecure facility under the jurisdiction of the said Commissioner or to
					 any nonsecure facility designated by the said Commissioner.
Dated: ________
____________
Justice of the Supreme Court
Judge of the County Court