Sec. 110.8. Furlough order

(a) When a defendant is in the custody of the commissioner in a secure facility pursuant to a commitment order, a recommitment order, or a retention order, the commissioner may apply for a furlough order pursuant to subdivision 10 of CPL 330.20. The application for a furlough order may be made to the court that issued the commitment order or to a superior court in the county where the secure facility is located. Upon receipt of such application the court may, on its own motion, conduct a hearing to determine whether the application should be granted, and must conduct such hearing if a demand therefor is made by the district attorney.

(b) Form U prescribes the form and contents of the application for a furlough order and the notice of application. Following the submission of such application, if the court finds that the issuance of a furlough order is consistent with the public safety and welfare of the community and the defendant, and that the clinical condition of the defendant warrants a granting of the privileges authorized by a furlough order, the court must grant the application and issue a furlough order. The form and contents of this furlough order are prescribed in Form V.