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| PART 111. Procedure Under Cpl Article
730 |
| Commercial
reuse of the Rules as they appear on this web site is
prohibited. The official version of the Rules published
in the NYCRR is available on Westlaw. |
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111.01 Definitions
111.02 Examination of defendant
111.03 Examination report
111.04 Commitment to custody of Commissioner
of Mental Health
111.05 Order of retention for defendant held
under orders
111.06 Certificate of custody
111.07 Procedure following termination of custody
by commissioner
111.08 Official forms |
| Section
111.01 Definitions
Whenever in this Part or in the forms promulgated or approved
hereunder, the following terms appear, they shall have the
following meaning:
(a) "Director of community mental health services" means
the person responsible for the administration of community
mental health and mental retardation services in a county
or city, whether known or referred to as director, commissioner,
or otherwise.
(b) "Facility director", when used in connection with a
hospital, institution or other facility, means the person
in charge of the facility, whether known or referred to
as director, superintendent, or otherwise.
Historical Note
Sec. added by renum. and amd. 100.1, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
111.02 Examination of defendant
(a) An order
for the examination of a defendant to determine whether he
is an incapacitated person under article 730 of the Criminal
Procedure Law shall be addressed to the director of community
mental health services of the county where the criminal action
is pending, except in the City of New York where the order
shall be addressed to the director of community mental health
services of such city. If there is no such director of community
mental health services, the order shall be addresed to the
director of a hospital operated by local government within
such county or city that has been certified as having adequate
facilities for such purpose by the Commissioner of Mental
Health or, in the absence of such local hospital, to the director
of the State hospital operated by the Department of Mental
Hygiene serving the county where the criminal action is pending.
(b) The hospital in which a defendant may be confined for
examination pursuant to subdivision (2) or (3) of section
730.20 of the Criminal Procedure Law shall be a hospital operated
by local government that has been certified by the Commissioner
of Mental Health as having adequate facilities to examine
a defendant to determine if he is an incapacitated person.
If there be no such local governmental hospital serving the
county where the criminal proceeding is pending, the defendant
may be confined in a general hospital having a psychiatric
unit approved by the Commissioner of Mental Health or in a
State hospital operated by the Department of Mental Hygiene
approved for such purpose if the person in charge thereof
shall have given his consent to the confinement of such defendant
therein.
Historical Note
Sec. added by renum. and amd. 100.2, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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Section
111.03 Examination report
(a) The examination of the defendant by the psychiatric
examiners may be conducted separately or jointly but each
examiner shall execute a separate report. Such report shall
be made in the form jointly adopted by the Chief Administrator
of the Courts and the Commissioner of Mental Health.
(b) The director of community mental health services charged
with causing the examination to be made shall furnish six
copies of the examination report to the court for filing and
necessary distribution. The court shall require that copies
be furnished to counsel for the defendant and to the district
attorney.
Historical Note
Sec. added by renum. and amd. 100.3, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
111.04 Commitment to custody of Commissioner of Mental Health
(a) If the court is satisfied that the defendant is an incapacitated
person and the defendant is not in custody, the court shall
cause the defendant to appear before it at the time of issuing
a final order of observation, temporary order of observation
or order of commitment, or other appropriate order, as the
case may be.
(b) The court shall forward to the Commissioner of Mental
Health the order committing the defendant to his custody together
with a copy of the examination reports, a copy of the accusatory
instrument and, if available, a copy of the presentence report.
Upon receipt thereof, the Commissioner of Mental Health shall
designate the institution in which the defendant is to be
placed and give notice of such designation to the sheriff
or local correction department, as the case may be, who shall
deliver the defendant, if in custody, to the person in charge
of the designated institution, except that, in the case of
final orders of observation, the Department of Mental Hygiene
may provide the transportation to the designated institution.
Historical Note
Sec. added by renum. and amd. 100.4, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
111.05 Order of retention for defendant held under orders
of commitment
(a) The application for an order of retention
of a defendant held pursuant to an order of commitment or
order of retention shall be made within 60 days prior to the
expiration of the order pursuant to which the defendant is
being held. It shall be prepared by the director of the institution
where the defendant is confined and shall have annexed to
it a summary of the defendant's history and condition supporting
the application, a copy of the indictment and a copy of each
prior order of commitment or retention. Such director shall
serve notice of the application on the defendant, on the defendant's
attorney if known to the director, on the district attorney
of the county where the criminal proceeding is pending, and
on the Mental Health Information Service. Such director shall
then promptly file the application with the court which issued
the initial order of commitment of the defendant.
(b) The application shall not be brought on for determination
by the court prior to 10 days from the date upon which notice
of the application was served upon the defendant. A request
by the defendant or anyone on his behalf for a hearing shall
be forwarded to the court, with a copy to the district attorney
and the Mental Health Information Service. The clerk of the
court shall notify the defendant, the defendant's attorney
if any, the district attorney, the director of the institution
where the defendant is confined, and the Mental Health Information
Service of the time and place of the hearing.
(c) Upon issuance of an order of retention, the court shall
forward copies thereof to the district attorney, to the director
of the institution where the defendant is confined, to the
Commissioner of Mental Health and to the Mental Health Information
Service. The director of the institution where the defendant
is confined shall serve a copy of such order personally upon
the defendant.
Historical Note
Sec. added by renum. and amd. 100.5, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
111.06 Certificate of custody
When defendant is
in the custody of the Commissioner of Mental Health at the
expiration of the period prescribed in a temporary order of
observation or at the expiration of the authorized period
prescribed in the last order of retention, the director of
the institution where the defendant is confined may act as
the agent of the Commissioner of Mental Health in certifying
to the court that the defendant was in the custody of the
Commissioner of Mental Health on such expiration date.
Historical Note
Sec. added by renum. and amd. 100.6, filed Feb. 2, 1982 eff.
Jan. 1, 1982. |
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| Section
111.07 Procedure following termination of custody by commissioner
When a defendant is in the custody of the commissioner on
the expiration date of a final or temporary order of observation
or an order of commitment, or on the expiration date of the
last order of retention, or on the date an order dismissing
an indictment is served upon the commissioner, the director
of the institution in which the defendant is confined may,
pursuant to section 730.70 of the Criminal Procedure Law,
retain him for care and treatment for a period of 30 days
from such date. If the director determines that the defendant
is so mentally ill or mentally defective as to require continued
care and treatment in an institution, he may retain the defendant
beyond such period only pursuant to the admission procedures
set forth in the Mental Hygiene Law. If the defendant is sought
to be retained on an involuntary basis, the certificates of
two physicians or, in the case of retention at a school for
the mentally retarded, one physician and one psychiatrist,
shall be filed and an application to a court for an order
authorizing retention shall be made before the expiration
of the said 30-day period.
Historical Note
Sec. added by renum. 100.7, filed Feb. 2, 1982 eff. Jan. 1,
1982.
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| Section
111.08 Official forms
Forms promulgated by the Chief
Administrator of the Courts and the Commissioner of Mental
Health, or either of them, shall be the official forms for
uniform use throughout the State in implementation of article
730 of the Criminal Procedure Law. Variations in these forms
will be permitted if approved by the official or officials
indicated in the following index as having adopted them. Forms
See West's McKinney's Forms, CPL, Article 730.
Historical Note
Sec. added by renum. and amd. 100.8, filed Feb. 2, 1982; amd.
filed Feb. 6, 1989 eff. Dec. 22, 1988. |
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