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New York Codes Rules Regulations (Last Updated: March 27,2024) |
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TITLE 22. Judiciary |
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Subtitle A. Judicial Administration |
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Chapter I. Standards and Administrative Policies |
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Subchapter C. Rules of the Chief Administrator of the Courts |
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Part 110. Procedure Under CPL 330.20 (Jointly Adopted by the State Commissioner of Mental Health and the Chief Administrator of the Courts) |
Sec. 110.4. Initial hearing, commitment order; civil commitment
Latest version.
- (a) At the initial hearing conducted pursuant to subdivision 6 of CPL 330.20, if the court finds that the defendant has a dangerous mental disorder, it must issue a commitment order. The form and contents of this commitment order are prescribed in Form G.(b) At the initial hearing conducted pursuant to subdivision 6 of CPL 330.20, if the court finds that the defendant is mentally ill but does not have a dangerous mental disorder, the court must issue a civil order committing the defendant to the custody of the commissioner. The form and contents of this civil order are prescribed in Form F. When issuing this civil order, the court must also issue at the same time an order of conditions. The form and contents of the order of conditions are prescribed in Form N.(c) At the initial hearing conducted pursuant to subdivision 6 of CPL 330.20, if the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, the court must issue one of the following orders:(1) an order discharging the defendant unconditionally (Form D); or(2) an order discharging the defendant subject to an order of conditions (Form E and Form N).