N.Y. Comp. Codes R. & Regs. tit. 22 § 110.3

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

Section 110.3 - Examination order

(a) Upon entry of a verdict of not responsible by reason of mental disease or defect, or upon the acceptance of a plea of not responsible by reason of mental disease or defect, the court must immediately issue an examination order [C PL 330.20(2)]. The form and contents of this examination order are prescribed in Form A and Form B (see Chapter II of Subtitle D of this Title). Form A directs that the defendant be committed to a secure facility as the place for conducting the psychiatric examination. Form B directs that the examination be conducted on an outpatient basis. Form B may be used in the court's discretion, but only if the defendant was not in custody at the time of the "not responsible" verdict or plea because he was previously released on bail or on his own recognizance [C PL 330.20(3)].

(b) Form A authorizes confinement in a secure facility for a period not exceeding 30 days [C PL 330.20(4)]. Upon application of the commissioner, the court may authorize confinement for an additional period not exceeding 30 days when a longer period is necessary to complete the examination. Form A-1 prescribes the form and contents of this application and the order authorizing confinement for an additional period.

(c) Form B directs the outpatient psychiatric examination be completed within 30 days after the defendant has first reported to the place designated by the commissioner [C PL 330.20(4)]. Upon application of the commissioner, the court may extend such period for a reasonable time if a longer period is necessary to complete the examination. Form B-1 prescribes the form and contents of this application and the order extending the examination period. If the commissioner informs the court that confinement of the defendant is necessary for an effective examination, the court must direct that the defendant be confined in a facility designated by the commissioner until the examination is completed [C PL 330.20(3)]. This direction may be made orally, on the record, in open court.

(d) When an examination order is issued, the clerk of the court shall promptly forward or furnish a copy of this order to the persons named in Form A or Form B. In order to assist the psychiatric examiners in their examination of the defendant, the clerk of the court shall also promptly forward to the commissioner, or directly to the designated psychiatric examiners, the following material:

(1) a copy of the indictment and any other accusatory instrument in the court's file;

(2) a copy of any examination report submitted pursuant to CPL article 730;

(3) any psychiatric reports or medical records received in evidence at the trial or other proceedings before the court; and

(4) any other data or material designated by the court or requested by the psychiatric examiners, including any available and transcribed psychiatric testimony given at the trial or other proceedings before the court.

(e) After he has completed his examination of the defendant, each psychiatric examiner must promptly prepare a report of his findings and evaluation concerning the defendant's mental condition. The form of the examination report shall be as prescribed in Form Y. The report shall be submitted to the commissioner. Upon receipt of the examination reports, the commissioner shall submit four copies of each report to the court that issued the examination order. The clerk of the court shall furnish a copy of the reports to the district attorney, counsel for the defendant and the Mental Health Information Service.

(f) After the examination reports are submitted, the court must, within 10 days of receipt of such reports, conduct an initial hearing to determine the defendant's present mental condition [C PL 330.20(6)]. If the defendant is in the custody of the commissioner pursuant to an examination order, the court shall issue the order prescribed in Form C.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 110.3