N.Y. Comp. Codes R. & Regs. tit. 14 § 541.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 541.8 - Release order

(a) A defendant in the custody of the commissioner pursuant to a recommitment order or a retention order may not be released unless the court which issued the order, or a superior court in the county in which the facility is located, issues a release order.

(b) The Director of Forensic Services may apply for a release order upon the recommendation of the clinical director, after consultation with the hospital forensics committee in accordance with the procedures described in section 541.9 of this Part, that the defendant no longer has a dangerous mental disorder and is no longer mentally ill.

(c) The application shall be made on forms jointly adopted by the commissioner and the Office of Court Administration and shall contain a description of the defendant's mental condition, the past course of treatment, a history of the defendant's conduct subsequent to his commitment, a written service plan for continued treatment and a detailed statement of the extent to which supervision of the defendant after release is proposed. The written service plan must be prepared by a psychiatrist familiar with the defendant's case history and shall include a statement of the defendant's need, if any, for medication, after-care services and assistance in finding employment; a specific recommendation of the type of residence in which the defendant is to live and a listing of services available in such residence; and a listing of organizations, facilities (including those of the department) and individuals available to provide services in accordance with the identified needs of the defendant. This information is to be provided by the clinical director and accompany his recommendations to the Director of Forensic Services. The Director of Forensic Services shall give written notice of the application to the district attorney, the defendant, counsel for the defendant and the Mental Health Information Service.

(d) The treatment team leader and any psychiatrist familiar with the defendant's current mental condition and case history, including the psychiatrist who prepares the written service plan required by this subdivision, shall be prepared to testify in court in support of the application for a release order.

(e) If the court issues a release order, the Director of Forensic Services shall notify the local social services commissioner and the appropriate State and local mental health representatives that the defendant is about to be released and shall provide them with copies of the written service plan approved by the court in the order of conditions.

(f) At least four days prior to releasing the defendant from a secure facility, excluding Saturdays, Sundays and holidays, the Director of Forensic Services shall deliver written notice of the release to:

(1) the district attorney;

(2) the police department having jurisdiction of the area to which the defendant is released; and

(3) any other person designated by the court.

Written notice may be given by mail, in which case an additional three days, for a total of seven days' notice shall be given to allow time for delivery. If notice is given by telegram or mailgram, an additional day, or a total of five days' notice shall be given to allow time for delivery.

(g) The defendant shall not be released from custody until the services and assistance specified in the order of conditions have been arranged. The clinical director has the continuing responsibility for determining that the defendant is receiving the services specified in the written service plan and is complying with any conditions specified in such plan and the order of conditions.

(h) If it appears that the defendant is not complying with the conditions specified in the order, the Director of Forensic Services shall notify the court which issued the order and the district attorney of that fact. If it appears that the defendant has a dangerous mental disorder, the Director of Forensic Services shall apply for a recommitment order in accordance with the procedures described in section 541.11 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 541.8