Sec. 110.5. First retention order

(a) When a defendant is in the custody of the commissioner pursuant to a commitment order or a recommitment order, the commissioner must, at least 30 days prior to the expiration of the period prescribed in the order, apply to the court that issued the order, or to a superior court in the county where the secure facility is located, for a first retention order or a release order [CPL 330.20(8)]. Upon receipt of such application, the court may, on its own motion, conduct a hearing to determine whether the defendant has a dangerous mental disorder, and it must conduct such hearing if a demand therefor is made by one of the parties.

(b) Form H prescribes the form and contents of the application for a first retention order and the notice of application. Form Q prescribes the form and contents of the application for a release order and the notice of application. Following the submission of either such application pursuant to subdivision 8 of CPL 330.20, if the court finds that the defendant has a dangerous mental disorder it must issue a first retention order. The form and contents of this first retention order are prescribed in Form I.

(c) Following the submission of an application for a first retention order (Form H) or an application for a release order (Form Q) pursuant to subdivision 8 of CPL 330.20, if the court finds that the defendant is mentally ill but does not have a dangerous mental disorder, it must issue the following three orders:

(1) a first retention order (Form I);

(2) a transfer order (Form P); and

(3) an order of conditions (Form N).

(d) Following the submission of an application for a first retention order (Form H) or an application for a release order (Form Q) pursuant to subdivision 8 of CPL 330.20, if the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, it must issue the following two orders:

(1) a release order (Form R); and

(2) an order of conditions (Form N).