N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. II, Forms (cf. Part 110), form B-1

Current through Register Vol. 46, No. 53, December 31, 2024

Form B-1 - Application and order to extend examination period

FORM B-1

APPLICATION AND ORDER TO

EXTEND EXAMINATION PERIOD

STATE OF NEW YORK

SUPREME COURT COUNTY COURT

PART: ________ COUNTY: ____________

________

PEOPLE OF THE STATE OF NEW YORK

vs. Indictment No. ____________

________

Defendant

________

(1) The undersigned is authorized by the State Commissioner of Mental Health to submit this application for and on behalf of the said Commissioner to the court pursuant to subdivision 4 of C PL 330.20 for an order extending the period to complete the psychiatric examination of the above-named defendant which is being conducted on an outpatient basis pursuant to an examination order previously issued by this court.

(2) This court issued an examination order on [date] ________ directing 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.

(3) The examination order referred to in paragraph (2) of this application directed that the psychiatric examination be conducted on an outpatient basis at such time and place as the Commissioner of Mental Health shall designate, and that the said examination shall be completed by ________ (within 30 days) after the defendant has first reported to the place designated by the Commissioner.

(4) Pursuant to the examination order referred to in paragraph (2) of this application, the following facility was designated by the Commissioner of Mental Health as the place for conducting the psychiatric examination: ____________

____________.

(5) The above-named defendant first reported to the place referred to in paragraph (4) of this application on [date] ________.

(6) The psychiatric examiners designated by the Commissioner of Mental Health pursuant to the examination order referred to in paragraph (2) of this application have commenced their examination of the above-named defendant. The 30-day period referred to in the said examination order expires on [date] ________.

(7) The undersigned is of the view that the psychiatric examination of the above-named defendant will not be completed prior to the expiration of the period referred to in paragraph (6) of this application, and that a longer period will be necessary to complete the aforesaid examination for the following reasons: ____________

____________

and will be completed on the following date: ________.

(8) Written notice of this application has been given to the above-named defendant, counsel for the defendant, the Mental Health Information Service and the District Attorney. This written notice was given at least five days prior to the date that this application will be submitted to the court.

(9) No previous application for the relief sought herein has been made.

WHEREFORE, the undersigned respectfully requests that this application be granted and that the court issue an order pursuant to subdivision 4 of C PL 330.20 extending the time for completing the psychiatric examination directed by the previously issued examination order, for an additional period not exceeding ________ days.

______________

Signature

______________

Type or Print Name

______________

Title

Date: ________

NOTICE OF APPLICATION

To:

1. Above-named defendant

2. Counsel for above-named defendant

3. Mental Health Information Service

4. District Attorney of ________ County

PLEASE TAKE NOTICE that the above application will be submitted to the court on:

[Date] ________

[Time] ________

ORDER

________

PEOPLE OF THE STATE OF NEW YORK

vs.

________

Defendant

________

Present:

Honorable ____________

Justice of the Supreme Court

Judge of the County Court

This court having issued an examination order on [date] ________ directing that the above-named defendant submit to a psychiatric examination to determine whether the said defendant has a dangerous mental disorder, of if he she does not have a dangerous mental disorder, whether the said defendant is mentally ill,

And, the aforesaid examination order directing that the psychiatric examination be conducted on an outpatient basis at such time and place as the Commissioner of Mental Health shall designate, and that the said examination be completed within 30 days after the defendant has first reported to the place designated by the Commissioner,

And, the above-named defendant having first reported to the said place designated by the Commissioner on [date] ________,

And, the psychiatric examiners designated by the Commissioner of Mental Health pursuant to the aforesaid examination order having commenced their examination of the above-named defendant,

And, the 30-day period referred to in the aforesaid examination order expiring on [date] ________,

And, an application having been made by the Commissioner of Mental Health for an order extending the period to complete the psychiatric examination of the above-named defendant for an additional period not exceeding ________ days,

And, due deliberation thereon having been had,

And, the court having found that a longer period is necessary to complete the psychiatric examination ordered by this court,

It is hereby

ORDERED, that the Commissioner of Mental Health is directed to complete the psychiatric examination of the above-named defendant by [date] ________.

Dated: ________

____________

Justice of the Supreme Court

Judge of the County Court

N.Y. Comp. Codes R. & Regs. tit. 22, subtit. D, ch. II, Forms (cf. Part 110), form B-1