16-d Temporary order of observation  

CPL Article 730 FORM 16-d 12/88

_______ COURT OF _______ COUNTY OF _________ ___________x

   

The above named defendant, having been charged with __, in violation of __, and having been examined pursuant to an order of this Court by __ psychiatric examiners, qualified in accordance with law, and examination reports thereon having been made to this Court, and the District Attorney and counsel for the defendant having been given copies of such examination reports, copies of which are hereto attached,

AND no motion for a hearing having been made,

   

AND it appearing to my satisfaction that the said defendant as a result of mental disease or defect lacks capacity to understand the proceedings against (him) (her) or to assist in (his) (her) own defense,

AND it further appearing that a felony complaint has been filed against the defendant,

 

ORDERED that the above named defendant be committed to the care and custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility of the (OMH) (OMRDD) to be designated by the appropriate Commissioner for a period not to exceed ninety days from the date of this order, and it is further

ORDERED that if the person in charge of the facility in which the defendant is confined determines at any time that the defendant is no longer an incapacitated person, such person shall give notice in writing of such determination to this Court and to the District Attorney, and it is further

ORDERED that the defendant, if (he) (she) be in detention, be continued in detention at __, pending designation of an appropriate facility by the Commissioner of (OMH) (OMRDD), and upon notice by the Commissioner of the designated facility be delivered thereto by the (Sheriff) (Commissioner of Correction of the City of New York).