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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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F Civil order of commitment |
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FORM F CIVIL ORDER OF COMMITMENT STATE OF NEW YORK □ SUPREME COURT □ COUNTY COURT PART: __ COUNTY: __________ PEOPLE OF THE STATE OF NEW YORK Indictment No. vs. Crime Charged: __________ Defendant __________ Present: Honorable □ Justice of the Supreme Court □ Judge of the County Court The above-named defendant having been found not responsible by reason of mental disease or defect □ by verdict (CPL 300.10, subd. 4[d]) □ by plea (CPL 220.15) And, this court having issued an examination order on [date] __ pursuant to the provisions of subdivision 2 of CPL 330.20 requiring 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, And, the Commissioner of Mental Health having submitted to this court the examination reports required by subdivision 5 of CPL 330.20, And, the court having conducted the initial hearing required by subdivision 6 of CPL 330.20 to determine the present mental condition of the above-named defendant, And, due deliberation thereon having been had, and upon reading and filing the decision of the court, And, the court having found that the above-named defendant does not currently suffer from a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of CPL 330.20, And, the court having found that the above-named defendant currently suffers from a mental illness for which care and treatment as a patient, in the inpatient services of a psychiatric center under the jurisdiction of the State Office of Mental Health, is essential to such defendant's welfare and that his judgment is so impaired that he is unable to understand the need for such care and treatment, It is hereby ORDERED that the above-named defendant is committed to the custody of the State Commissioner of Mental Health for confinement in a facility to be designated by the said Commissioner for care and treatment for a period not to exceed six months from the date of this order, and it is further ORDERED that the □ Commissioner of Correction for the City of New York □ Sheriff of __ County □ Commissioner of Correction for __ shall hold the above-named defendant in custody pending the aforesaid designation by the State Commissioner of Mental Health and when notified of the designation shall promptly deliver the said defendant to such facility, and it is further ORDERED that this order shall be deemed an order made pursuant to the Mental Hygiene Law and not pursuant to CPL 330.20, and it is further ORDERED that any further retention, conditional release or discharge of the above-named defendant shall be in accordance with the provisions of the Mental Hygiene Law. ORDERED that the above-named defendant shall be subject to the order of conditions issued herewith. Dated: _________ □ Justice of the Supreme Court □ Judge of the County Court Designation of Facility: The State Commissioner of Mental Health has designated the following facility referred to in this order as the place for the confinement of the above-named defendant: The authority for designating the above-named facility is: |