R Release order  

RELEASE 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 □ nonsecure 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

□ 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 33.20

□ 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 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 no longer has a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20, and that the above-named defendant is no longer mentally ill, as that term is defined in paragraph (d) of subdivision 1 of CPL 330.20;

It is hereby

ORDERED that the Commissioner of Mental Health is directed to terminate the above-named defendant's inpatient status without terminating the said Commissioner's responsibility for the above-named defendant, and it is further

ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order, or retention order, the Commissioner of Mental Health shall, in accordance with the provisions of subdivision 18 of CPL 330.20, immediately serve a copy of this order upon the following:

(1) the District Attorney;

(2) the police department having jurisdiction of the area to which the defendant is to be released; and

(3) [Any person the court may designate] __, and it is further

ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order or retention order, the Commissioner of Mental Health shall terminate the above-named defendant's inpatient status four days, excluding Saturdays, Sundays and holidays, after service of a copy of this order upon the police department and person or persons named in the preceding decretal paragraph.

Dated: _________