N.Y. Comp. Codes R. & Regs. tit. 22 § 110.12

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

Section 110.12 - Recommitment order

(a) At any time during the period covered by an order of conditions (Form N), an application may be made by the commissioner or the district attorney for a recommitment order when the applicant is of the view that the defendant has a dangerous mental disorder [C PL 330.20(14)]. The application for a recommitment order may be made to the court that issued the order of conditions, or to a superior court in the county where the defendant is then residing. Form S prescribes the form and contents of an application for a recommitment order.

(b) Upon receipt of an application for a recommitment order (Form S), the court must order the defendant to appear before it for a hearing to determine if the defendant has a dangerous mental disorder. Form S-1 prescribes the form and contents of this order to appear. If the defendant fails to appear in court as directed, the court must issue a warrant. Form S-2 prescribes the form and contents of this warrant. When the defendant is brought before the court on the warrant, the court may direct that the defendant be confined in an appropriate institution. Form S-3 prescribes the form and contents of this temporary confinement order.

(c) When the defendant appears before the court on an application for a recommitment order (Form S), the court must conduct a hearing to determine whether the defendant has a dangerous mental disorder. If the court finds that the defendant has a dangerous mental disorder, it must issue a recommitment order. The form and contents of this recommitment order are prescribed in Form T.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 110.12