O Application for transfer order and notice of application, Forms (cf. Part 110), Chapter II. CPL Section 330.20 Forms, Subtitle D. Forms, TITLE 22. Judiciary, New York Codes Rules Regulations

(1) The undersigned is authorized by the State Commissioner of Mental Health to submit this application for a transfer order for and on behalf of the said Commissioner.

(2) This application for a transfer order is being submitted to the following court: [check one and print name and address of indicated court]

□ Court that issued the order under which the above-named defendant is now in custody

□ County Court of the county wherein the facility in which the defendant is confined is located:

□ Term of the Supreme Court for the county wherein the facility in which the defendant is confined is located:

(3) his application for a transfer order is made pursuant to subdivision 11 of CPL 330.20.

(4) he above-named defendant was committed to the custody of the State Commissioner of Mental Health for confinement in a secure facility for care and treatment pursuant to

□ a commitment order issued under the provisions of subdivision 6 of CPL 330.20

□ a recommitment order issued under the provisions of subdivision 14 of CPL 330.20

by the following court on the following date:

[Name of court]

[Date of order]

(5) Subsequent to the issuance of the order referred to in paragraph (4) of this application, the following court issued a first retention order on the following date:

[Name of court]

[Date of first retention order]

□ (6) Subsequent to the issuance of the first retention order referred to in paragraph (5) of this application, the following court issued a second retention order on the following date:

[Name of court]

[Date of second retention order]

□ (7) Following the issuance of the second retention order referred to in paragraph (6) of this application, the following court issued a subsequent retention order on the following date:

[Name of court]

[Date of each subsequent retention order, including last subsequent retention order]

(8) Pursuant to the order referred to in □ paragraph (4) □ paragraph (5) □ paragraph (6) □ paragraph (7) of this application, the above-named defendant is currently confined in the following secure facility of the State Office of Mental Health:

(9) This application is made upon the ground that the undersigned is of the view

□ that the above-named defendant does not have a dangerous mental disorder.

□ that consistent with the public safety and welfare of the community and the defendant, the clinical condition of the defendant warrants his transfer from a secure facility to □ a nonsecure facility under the jurisdiction of the Commissioner of Mental Health □ the following nonsecure facility designated by the Commissioner of Mental Health

(10) The annexed psychiatric reports are made a part of this application for a transfer order and support the view stated by the undersigned in paragraph (9) of this application.

(11) Written notice of this application for a transfer order has been given to the above-named defendant, counsel for the defendant, the Mental Health Information Service and the District Attorney.

(12) No previous application for a transfer order has been made to any court.

WHEREFORE, the undersigned respectfully requests that this application be granted and that a transfer order issue authorizing the Commissioner of Mental Health to transfer the above-named defendant from a secure facility to □ a nonsecure facility under the jurisdiction of the said Commissioner □ to the following nonsecure facility designated by the said Commissioner:

Signature

Type or Print Name

Title

Date: _________

NOTICE OF APPLICATION FOR A TRANSFER ORDER

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 for a transfer order will be submitted to the court indicated in paragraph (2) of the application on: [date and time]