16-j Order of retention, Chapter VI. Forms for Use in Courts Exercising Criminal Jurisdiction, Subtitle D. Forms, TITLE 22. Judiciary, New York Codes Rules Regulations

New York Codes Rules Regulations (Last Updated: March 27,2024)

TITLE 22. Judiciary

Subtitle D. Forms

Chapter VI. Forms for Use in Courts Exercising Criminal Jurisdiction

16-j Order of retention

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

ORDER OF RETENTION

_______ COURT OF _______ COUNTY OF _________

_________

IN THE MATTER

The Application for an Order

of Retention Pursuant to the

ORDER OF RETENTION

Criminal Procedure Law

Indictment No. __ _______ An Incapacitated Person _________x

The above named defendant, under indictment for or convicted of the felony of

, in violation of

, having been adjudicated an incapacitated person and committed to the custody of the Commissioner of (OMH) (OMRDD) for placement in an appropriate facility, by court order dated

, and such defendant being now in the custody of said Commissioner and confined in

facility located at

(Strike out the following paragraph if this is the first order of retention)

AND further court order or orders of retention of said defendant having been made on the following dates:

AND application having been received from the person in charge of the facility where the defendant is confined for an order of retention of said defendant, notice of such application having been given to the defendant, the District Attorney, and the Mental Hygiene Legal Service.

(Strike out one of the following two paragraphs)

AND no motion for a hearing having been made,

AND a hearing having been held on the

day of

and the following persons having appeared

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 appearing further that the maximum term of imprisonment for the highest class of felony charged in the indictment against the defendant or for the highest class of felony of which the defendant was convicted is __ years, that two thirds of such authorized maximum term of imprisonment is __years, __ months, __ days, and that the aggregate of the periods for which the defendant was authorized to be retained pursuant to the order of commitment and orders of retention is, as of the date of this order, __years, __ months, __ days and the aggregate of the periods of escape from custody is, as of the date of this order, __ years, __ months, __ days,

NOW, THEREFORE, it is

ORDERED that the above named defendant is hereby adjudicated to be an incapacitated person and shall be retained in the custody of the Commissioner of the (OMH) (OMRDD) for care and treatment in an appropriate facility operated by the (OMH) (OMRDD) to be designated by the appropriate Commissioner, for a period not to exceed __ years, __ months, __ 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 that the defendant is no longer an incapacitated person, such person shall give notice in writing of such determination to the court and to the District Attorney.

Dated:

_________

Judge or Justice