N.Y. Comp. Codes R. & Regs. tit. 22 § 111.5

Current through Register Vol. 46, No. 39, September 25, 2024

Section 111.5 - 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 111.5