N.Y. Comp. Codes R. & Regs. tit. 14, Appendices, app 12, FORMS FOR ARTICLE 730 CRIMINAL PROCEDURE LAW, form C
NOW, on motion of ________, it is
ORDERED that the above named defendant be committed to the custody of the Commissioner of Mental Hygiene for care and treatment in an appropriate institution of the Department of Mental Hygiene to be designated by said Commissioner for a period not to exceed ninety days from the date of this order, and it is further
ORDERED, that the defendant, if he be in detention, be continued in detention at ________ pending designation of an appropriate institution by the Commissioner of Mental Hygiene, and, upon notice by the Commissioner of Mental Hygiene of the designated institution, be delivered thereto by ____________
and it is further
ORDERED, that the accusatory instrument filed in this court against such defendant is hereby dismissed.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
ORDERED that if the person in charge of the institution 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 be in detention, be continued in detention at ________ pending designation of an appropriate institution by the Commissioner of Mental Hygiene, and upon notice by the Commissioner of Mental Hygiene of the designated institution be delivered thereto by ____________.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
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 or to assist in his own defense,
(Strike out the following paragraph if no finding of dangerousness.)
AND it appearing further to my satisfaction that said defendant is a dangerous incapacitated person, that is, an incapacitated person who is so mentally ill or mentally defective that his presence in an institution operated by the Department of Mental Hygiene is dangerous to the safety of other patients therein, the staff of the institution or the community,
AND it appearing further that the maximum term of imprisonment for the highest lass 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: [NOTE: Check the appropriate one of the following two paragraphs, depending on whether there has been a finding of dangerousness. Strike out the inappropriate paragraph, The period of authorized retention may not exceed the period prescribed in C.P.L. Article 730]
[ ] the above named defendant is hereby adjudicated to be an incapacitated person and is hereby authorized to be retained in the custody of the Commissioner of Mental Hygiene for care and treatment in an appropriate institution operated by the Department of Mental Hygiene to be designated by said Commissioner, for a period not to exceed ________ years, ________ months, ________ days from the date of this order, and it is further
[ ] the above named defendant is hereby adjudicated to be a dangerous incapacitated person and is hereby committed to the custody of the Commissioner of Mental Hygiene for care and treatment in an appropriate institution operated by the Department of Mental Hygiene or operated by the Department of Correction to be designated by said 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 institution in which the defendant is confined determines that the defendant is no longer an incapacitated person, such person shall gave notice in writing of such determination to the court and to the District Attorney.
Dated ____________
______________
[Signature]
______________
[Print name to be signed]
Justice or Judge,
________Court
County of ____________
NOTICE TO ACQUITTED DEFENDANT: You may make application to the court for a dsicharge or conditional release pursuant to Section 330.20 of the Criminal Procedure Law to determine whether or not you may be discharged or released without danger to yourself or to others. You may have a jury trial of this issue if you so request.
You are also hereby advised that the Mental Health Information Service, which is an agency of the Supreme Court of the State of New York, has been established to provide you and others interested in your welfare with assistance and information as to your rights under the law and the procedures governing your retention. You or others on your behalf are entitled to communicate with a representative of the Service at any time.
[FN*] [26 NYCRR Part 100]
N.Y. Comp. Codes R. & Regs. tit. 14, Appendices, app 12, FORMS FOR ARTICLE 730 CRIMINAL PROCEDURE LAW, form C