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

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

Form R - Release order

FORM R

RELEASE ORDER

STATE OF NEW YORK

SUPREME COURT COUNTY COURT

PART: ________ COUNTY: ____________

________

IN THE MATTER

of

A Release Order Pursuant to

C PL 330.20 in Relation to

________

Defendant

________

Present:

Honorable ____________

Justice of the Supreme Court

Judge of the County Court

The above-named defendant having been found not responsible by reason of mental disease or defect and now being in the custody of the State Commissioner of Mental Health and confined in a secure facility nonsecure facility for care and treatment pursuant to a commitment order issued under the provisions of subdivision 6 of C PL 330.20

a recommitment order issued under the provisions of subdivision 14 of C PL 330.20

a first retention order issued under the provisions of subdivision 8 of C PL 330.20

a second retention order issued under the provisions of subdivision 9 of C PL 33.20

a subsequent retention order issued under the provisions of subdivision 9 of C PL 330.20

by the following court on the following date:

[Name of court] ____________

[Date of order] ____________

And, an application having been made pursuant to subdivision 8 of C PL 330.20 by the State Commissioner of Mental Health for a first retention order;

And, an application having been made pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental Health for a second retention order;

And, an application having been made pursuant to subdivision 9 of C PL 330.20 by the State Commissioner of Mental Health for a subsequent retention order;

And, an application having been made pursuant to subdivision 12 of C PL 330.20 by the State Commissioner of Mental Health for a release order;

And, a demand for a hearing not having been made;

And, a demand for a hearing having been made, and such hearing been held on ____________

And, the court, on its own motion, having conducted a hearing on ____________;

And, due deliberation thereon having been had,

And, the court having found that the above-named defendant no longer has a dangerous mental disorder, as that term is defined in paragraph (c) of subdivision 1 of C PL 330.20, and that the above-named defendant is no longer mentally ill, as that term is defined in paragraph (d) of subdivision 1 of C PL 330.20;

It is hereby

ORDERED that the Commissioner of Mental Health is directed to terminate the above-named defendant's inpatient status without terminating the said Commissioner's responsibility for the above-named defendant, and it is further

ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order, or retention order, the Commissioner of Mental Health shall, in accordance with the provisions of subdivision 18 of C PL 330.20, immediately serve a copy of this order upon the following:

1. the District Attorney;

2. the police department having jurisdiction of the area to which the defendant is to be released; and

3. [Any person the court may designate] ________, and it is further

ORDERED that if the above-named defendant, on the date of this order, is confined in a secure facility of the State Office of Mental Health by reason of a previously issued commitment order, recommitment order or retention order, the Commissioner of Mental Health shall terminate the above-named defendant's inpatient status four days, excluding Saturdays, Sundays and holidays, after service of a copy of this order upon the police department and person or persons named in the preceding decretal paragraph.

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 R