16-h Application for order of retention  

C.P.L. Article 730 FORM 16-h 12/88

_______ COURT OF _______ COUNTY OF _________ ___________x

IN THE MATTER

OF

   

The Director of __ Facility, located at __ hereby respectfully makes application to this court for an order of retention, pursuant to section 730.50 of the Criminal Procedure Law, authorizing continued custody of the above named defendant.

The said defendant was committed to the custody of the Commissioner of (OMH) (OMRDD) by court order dated __, and thereafter retained in such custody by further order or orders of retention each dated __ (indicate if none), and said defendant is now confined, pursuant to the designation of said commissioner, at __ Facility, of which I am in charge.

Said defendant has been carefully observed and examined, and it is my opinion that the defendant continues to be an incapacitated person.

Annexed hereto is a summary of the defendant's history and condition which supports that opinion, a copy of the indictment and a copy of each said order.

It appears that the maximum term of imprisonment for the highest class of felony charged in the indictment or of which the defendant was convicted is __ years and that two-thirds of such maximum term is __years, __ months, __ days.

The aggregate of the periods for which the defendant was authorized to be retained pursuant to the order of commitment and any subsequent order of retention is, as of the date of this application, __ years, __months, __ days and the aggregate of the periods of escape from custody is, as of the date of this application, __ years, __ months, __ days.

WHEREFORE, the undersigned respectfully requests this court to enter an order adjudicating the defendant to be an incapacitated person and authorizing the retention of the above named defendant in the custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility to be designated by the Commissioner for a period authorized by law.

      

A copy of this application was personally served upon the defendant on the __ day of __, 19_, with a notice of (his) (her) right to request a hearing and copies thereof have been served by mail upon the Mental Hygiene Legal Service, the District Attorney of __County, and (Name of any other person served).