New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction › Form 16-j - Order of retention

Current through Register Vol. 46, No. 28, July 10,
				2024
C.P.L. Article 730
FORM 16-j
12/88
ORDER OF RETENTION
________ COURT OF ________
COUNTY OF ________
________x
IN THE MATTER
OF
The Application for an Order
of Retention Pursuant to the ORDER OF
				  RETENTION
Criminal Procedure Law
of Indictment No. ________
________
An Incapacitated Person
________x
The above named defendant, under indictment
				  for or convicted of the felony of ________, in violation of ________, having
				  been adjudicated an incapacitated person and committed to the custody of the
				  Commissioner of (OMH) (OMRDD) for placement in an appropriate facility, by
				  court order dated ________, and such defendant being now in the custody of said
				  Commissioner and confined in
____________ facility located at
				  ____________
(Strike out the following paragraph if this is
				  the first order of retention)
AND further court order or orders of retention
				  of said defendant having been made on the following dates: ____________
____________
AND application having been received from the
				  person in charge of the facility where the defendant is confined for an order
				  of retention of said defendant, notice of such application having been given to
				  the defendant, the District Attorney, and the Mental Hygiene Legal
				  Service.
(Strike out one of the following two
				  paragraphs)
AND no motion for a hearing having been
				  made,
AND a hearing having been held on the ________
				  day of ________ and the following persons having appeared ____________
____________
____________
____________
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) (her) or to assist in (his) (her)own
				  defense,
AND it appearing further that the maximum term
				  of imprisonment for the highest class 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 the above named defendant is
				  hereby adjudicated to be an incapacitated person and shall be retained in the
				  custody of the Commissioner of the (OMH) (OMRDD) for care and treatment in an
				  appropriate facility operated by the (OMH) (OMRDD) to be designated by the
				  appropriate 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
				  facility in which the defendant is confined determines that the defendant is no
				  longer an incapacitated person, such person shall give notice in writing of
				  such determination to the court and to the District Attorney.
Dated: ________
_________
Judge or Justice