P Transfer order  

TRANSFER ORDER

   

__________

__________

Defendant

__________

  

  

The above-named defendant having been found not responsible by reason of mental disease or defect and now being in the custody of the State Commissioner of Mental Health and confined in a secure facility for care and treatment pursuant to

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

□ a first retention order issued under the provisions of subdivision 8 of CPL 330.20

□ a second retention order issued under the provisions of subdivision 9 of CPL 330.20

□ a subsequent retention order issued under the provisions of subdivision 9 of CPL 330.20

by the following court on the following date:

 

 

□ And, an application having been made pursuant to subdivision 11 of CPL 330.20 by the State Commissioner of Mental Health for a transfer order,

□ And, an application having been made pursuant to subdivision 8 of CPL 330.20 by the State Commissioner of Mental Health for a first retention order,

□ And, an application having been made pursuant to subdivision 9 of CPL 330.20 by the State Commissioner of Mental Health for a second retention order,

□ And, an application having been made pursuant to subdivision 9 of CPL 330.20 by the State Commissioner of Mental Health for a subsequent retention order,

□ And, an application having been made pursuant to subdivision 12 of CPL 330.20 by the State Commissioner of Mental Health for a release order,

□ And, a demand for a hearing not having been made,

 

 

And, due deliberation thereon having been had,

And, the court having found

□ that the above-named defendant does not have a dangerous mental disorder as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20;

□ that the issuance of a transfer order is consistent with the public safety and welfare of the community and the defendant, and that the clinical condition of the defendant warrants his transfer from a secure facility to a nonsecure facility; [Check this box only if an application has been made by the Commissioner pursuant to CPL 330.20(11).]

It is hereby

ORDERED that the Commissioner of Mental Health is directed to transfer the above-named defendant from a secure facility to a nonsecure facility under the jurisdiction of the said Commissioner or to any nonsecure facility designated by the said Commissioner.

Dated: _________