B Examination order (outpatient examination)  

 

   

__________

PEOPLE OF THE STATE OF NEW YORK

 

 

__________

Defendant

__________

  

  

The above-named defendant having been found not responsible by reason of mental disease or defect

 

and such defendant not being in custody at the time of such verdict or plea because □ he □ she was previously released □ on bail □ on own recognizance,

NOW THEREFORE, it is

ORDERED that the said defendant submit to a psychiatric examination to determine whether □ he □ she has a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20, and if the said defendant does not have a dangerous mental disorder, to determine whether □he □ she is mentally ill, as that term is defined in paragraph (d) of subdivision 1 of CPL 330.20, and it is further

ORDERED that the State Commissioner of Mental Health shall designate two qualified psychiatrists to conduct the aforesaid psychiatric examination, except that the Commissioner may, in his discretion, designate one qualified psychiatrist and one licensed psychologist to conduct the aforesaid examination, and such designated psychiatric examiners, in conducting their examination, may employ any method which is accepted by the medical profession or acceptable to licensed clinical psychologists for the examination of persons alleged to be suffering from a dangerous mental disorder or to be mentally ill or retarded, and it is further

ORDERED that a psychiatrist or psychologist retained by the above-named defendant may be present at the aforesaid psychiatric examination, and it is further

ORDERED that such psychiatric examination be conducted on an outpatient basis, and at such time and place as the State Commissioner of Mental Health shall designate, and it is further

ORDERED that such psychiatric examination shall be completed within 30 days after the defendant has first reported to the place designated by the State Commissioner of Mental Health unless the court, upon application of the said Commissioner, subsequently extends such period in the manner prescribed by law, and it is further

ORDERED that each psychiatric examiner designated by the State Commissioner of Mental Health to conduct the aforesaid psychiatric examination shall, upon completion of the examination, promptly prepare a report of his or her findings and evaluation concerning the defendant's mental condition and submit such report to the said Commissioner, and upon receipt and review of such report from each designated psychiatric examiner, the said Commissioner shall submit four copies of each such report to the court that issued this examination order.

Dated: _________

 

Name, Address and Telephone Number of Court Clerk:

    

Name, Address and Telephone Number of District Attorney:

    

Name, Address and Telephone Number of Counsel for Above-named Defendant:

    

Name, Address and Telephone Number of Above-named Defendant:

    

Note: The Clerk of the Court must promptly forward or furnish a copy of this Examination Order to each of the following persons:

 

(2) Director of Mental Health Information Service.

(3) Defendant.

(4) Counsel for Defendant.

(5) District Attorney.

Notice to the above-named Defendant:

This Examination Order requires you to submit to a psychiatric examination on an outpatient basis.

You will be notified of the place where such examination will be conducted.

When you are so notified, you must appear at such place on the date and at the time specified in such notice.

Failure to comply with this Examination Order constitutes a contempt of court which may result in the imposition of penal sanctions.