N.Y. Comp. Codes R. & Regs. tit. 22 § 110.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 110.1 - Preamble

(a) Section 12 of chapter 548 of the Laws of 1980 requires the State Commissioner of Mental Health and the Chief Administrator of the Courts to implement section 11 of that chapter (which added a new section 330.20 to the Criminal Procedure Law, hereinafter cited as C PL 330.20) by jointly adopting rules respecting the following matters:

(1) the scope of the psychiatric examinations prescribed by C PL 330.20;

(2) the data to be furnished the psychiatric examiners conducting the examinations prescribed in C PL 330.20;

(3) the form and content of the examination reports required to be filed under C PL 330.20;

(4) the form and content of the applications authorized to be filed under C PL 330.20; and

(5) the form and content of the court orders issuable under C PL 330.20.

(b)

(1) The rules prescribed in this Part, including the forms appended hereto (see Chapter II of Subtitle D of this Title), have been jointly adopted by the State Commissioner of Mental Health and the Chief Administrator of the Courts. The appended forms shall be the official forms for use in implementing C PL 330.20. Variations in these forms will be permitted if jointly approved by the said commissioner and chief administrator, or if, in the context of a particular case, a variation in a form is required in order to comply with an applicable provision of law.

(2) Since the appended forms do not expressly provide for a defendant who is mentally retarded, the appropriate forms must be modified by the court to conform with the provisions of C PL 330.20 when a defendant, found not responsible by reason of mental disease or defect, is determined by the court to be mentally retarded and not suffering from a dangerous mental disorder. In such case, if the defendant is in need of care and treatment as a resident in the inpatient services of a developmental center or other residential facility for the mentally retarded and developmentally disabled, jurisdiction is vested by law in the State Office of Mental Retardation and Developmental Disabilities, and not in the State Office of Mental Health [C PL 330.20(1)(d)].

N.Y. Comp. Codes R. & Regs. Tit. 22 § 110.1