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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 D. Forms |
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Chapter II. CPL Section 330.20 Forms |
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Forms (cf. Part 110) |
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A-1 Application and order to authorize confinement for additional period |
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FORM A-1 APPLICATION AND ORDER TO AUTHORIZE CONFINEMENT FOR ADDITIONAL PERIOD STATE OF NEW YORK □ SUPREME COURT □ COUNTY COURT PART: __ COUNTY: __________ PEOPLE OF THE STATE OF NEW YORK vs. Indictment No. __________ Defendant __________ (1) The undersigned is authorized by the State Commissioner of Mental Health to submit this application for and on behalf of the said Commissioner to the court pursuant to subdivision 4 of CPL 330.20 for an order authorizing temporary confinement of the above-named defendant for an additional period of 30 days to complete the psychiatric examination of the said defendant as directed by this court in a previously issued examination order. (2) This court issued an examination order on [date] __ directing that the above-named defendant submit to a psychiatric examination to determine whether the said defendant has a dangerous mental disorder, or if □ he □ she does not have a dangerous mental disorder, whether the said defendant is mentally ill. (3) The examination order referred to in paragraph (2) of this application directed that the above-named defendant be confined in a secure facility for a period not exceeding 30 days. (4) Pursuant to the examination order referred to in paragraph (2) of this application, the above-named defendant is confined in the following secure facility of the State Office of Mental Health: . (5) The above-named defendant was received at the secure facility referred to in paragraph (4) of this application on [date] __. (6) The psychiatric examiners designated by the Commissioner of Mental Health pursuant to the examination order referred to in paragraph (2) of this application have commenced their examination of the above-named defendant. The 30-day period referred to in the said examination order expires on [date] __. (7) The undersigned is of the view that the psychiatric examination of the above-named defendant will not be completed prior to the expiration of the period referred to in paragraph (6) of this application, and that a longer period will be necessary to complete the aforesaid examination for the following reasons: . (8) Written notice of this application has been given to the above-named defendant, counsel for the defendant, the Mental Health Information Service and the District Attorney. This written notice was given at least five (5) days prior to the date that this application will be submitted to the court. (9) No previous application for the relief sought herein has been made. WHEREFORE, the undersigned respectfully requests that this application be granted and that the court issue an order pursuant to subdivision 4 of CPL 330.20 authorizing confinement of the above-named defendant in the aforesaid secure facility, pursuant to the previously issued examination order, for an addition period of __ (not exceeding 30 days). Signature Type or Print Name Title Date: _________ NOTICE OF APPLICATION To: 1. Above-named defendant 2. Counsel for above-named defendant 3. Mental Health Information Service 4. District Attorney of __ County PLEASE TAKE NOTICE that the above application will be submitted to the court on: [Date] _________ [Time] ________ ORDER __________ PEOPLE OF THE STATE OF NEW YORK vs. __________ Defendant __________ Present: Honorable □ Justice of the Supreme Court □ Judge of the County Court This court having issued an examination order on [date] __ directing that the above-named defendant submit to a psychiatric examination to determine whether the said defendant has a dangerous mental disorder, of if □ he □ she does not have a dangerous mental disorder, whether the said defendant is mentally ill, And, the aforesaid examination order directing that the above-named defendant be confined in a secure facility for a period not exceeding 30 days, And, the psychiatric examiners designated by the Commissioner of Mental Health pursuant to the aforesaid examination order having commenced their examination of the above-named defendant, And, the 30-day period referred to in the aforesaid examination order expiring on [date] __, And, an application having been made by the Commissioner of Mental Health for an order authorizing confinement of the above-named defendant, pursuant to the aforesaid examination order, for an additional period not exceeding 30 days, And, due deliberation thereon having been had, And, the court having found that a longer period is necessary to complete the psychiatric examination ordered by this court, It is hereby ORDERED, that the Commissioner of Mental Health is authorized to continue confinement of the above-named defendant in a secure facility pursuant to the aforesaid examination order for an additional period not exceeding 30 days. Dated: _________ □ Justice of the Supreme Court □ Judge of the County Court |