NY · rules
22 NYCRR 110.5
First retention order
(a) When a defendant is in the custody of the commissioner pursuant to a commitment order or a recommitment order, the commissioner must, at least 30 days prior to the expiration of the period prescribed in the order, apply to the court that issued the order, or to a superior court in the county where the secure facility is located, for a first retention order or a release order. Upon receipt of such application, the court may, on its own motion, conduct a hearing to determine whether the defendant has a dangerous mental disorder, and it must conduct such hearing if a demand therefor is made by one of the parties.
(b) Form H prescribes the form and contents of the application for a first retention order and the notice of application. Form Q prescribes the form and contents of the application for a release order and the notice of application. Following the submission of either such application pursuant to subdivision 8 of CPL 330.20, if the court finds that the defendant has a dangerous mental disorder it must issue a first retention order. The form and contents of this first retention order are prescribed in Form I.
(c) Following the submission of an application for a first retention order (Form H) or an application for a release order (Form Q) pursuant to subdivision 8 of CPL 330.20, if the courts finds that the defendant is mentally ill but does not have a dangerous mental disorder, it must issue the following three orders:
(1) a first retention order (Form I);
(2) a transfer order (Form P); and
(3) an order of conditions (Form N).
(d) Following the submission of an application for a first retention order (Form H) or an application for a release order (Form Q) pursuant to subdivision 8 of CPL 330.20, if the court finds that the defendant does not have a dangerous mental disorder and is not mentally ill, it must issue the following two orders:
(1) a release order (Form R); and
(2) an order of conditions (Form N).
Forms
Procedure following verdict or plea of not responsible by reason of mental disease or defect, see West's McKinney's Forms, CPL, Section 330.20, Forms 1 to 31.
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-17
- Edition
- 2026-09-16
- Content hash
147daf6019f0a34b56867bad8689ea621ff3264f4cc3fc0c2de9beaf5841f355
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