Cpl 330

Front 1

330.10

What is the disposition of defendant after a verdict of acquittal?

Back 1

1. After a verdict of complete acquittal, the court must immediately discharge the defendant if he is in the custody of sheriff, or if he is an bail, exonerate the bail.

Front 2

330.20

Commissioner means

Back 2

state commissioner of mental health or state commissioner of mental retardation and developmental disability.

Front 3

330.20

Dangerous mental disorder:

Back 3

Defendant is “mentally ill” AND is a risk of physical danger to himself or others.

Front 4

330.10

What is the disposition of defendant after a verdict of acquittal?

Back 4

1. After a verdict of complete acquittal, the court must immediately discharge the defendant if he is in the custody of sheriff, or if he is an bail, exonerate the bail.

2. Upon a verdict of not responsible by reason of mental disease or defect, the provisions of this article apply.

Front 5

330.20

Mentally ill:

Back 5

Defendant needs in-patient services of a psychiatric center and is unable to understand need for care.

Front 6

330.20

The following 9 orders are directed to the commissioner:

Back 6

1. Examination order: orders a defendant to submit to psychiatric examination (within 30 days, a “730 order”).

2. Commitment order: confinement in a secure facility for care and treatment for 6 months from date of order.

3. First retention order: orders up to 1-year detention, starting at the end of commitment order period.

4. Second retention order: up to 2 years detention, starting at end of the first retention order period

5. Subsequent retention order: up to two years detention, starting at end of previous retention order

6. Furlough order: up to 14 days leave from facility with or without supervision

7. Transfer order: transfer of defendant from a secure non-secure facility

8. Release order: terminated def’s in patient status without terminating commissioner’s responsibility for defendant.

9. Discharge order: terminates order of conditions or discharges defendant from supervision of commissioner under this article.

Front 7

330.20

Order of conditions:

Back 7

Is valid for 5 years, and may be extended by the court for an additional 5 years for good cause shown (directs defendant to comply with prescribed treatment plan or conduct, or if defendant is in custody, not to leave the facility without authorization).

Front 8

330.20

Psychiatric examiner means

Back 8

a qualified psychiatrist or licensed psychologist.

Front 9

330.20

Upon entry of verdict of not responsible by reason of mental disease or defect, or acceptance of a plea of not responsible by mental disease or defect, court MUST...

Back 9

immediately issue examination order. Clerk of court MUST forward copy of examination order to mental hygiene legal service. Service may participate in subsequent proceedings under this section. Court must also revoke defendant’s firearm license and order surrender of firearms.

Front 10

330.20

After examination reports are submitted, Court must within _____ days conduct a hearing to determine defendant’s present mental condition.

Back 10

10 days

If Court finds that defendant is dangerously mentally ill, it must issue an order of conditions and an order committing the defendant to the custody of the commissioner (commitment order).

If the court finds that defendant does not have a dangerous mental disorder but is mentally ill, it must involuntarily commit the defendant.

If court finds that defendant does not have a dangerous mental disorder and is not mentally ill, then court must discharge the defendant unconditionally or subject to an order of conditions.

Generally, if court issues a special order of conditions, commissioner shall notify victim (s) or designated witness (es).

Front 11

330.20

Within 30 days of expiration of commitment order, commissioner must...

Back 11

apply to the court for a first retention order or release order.

Commissioner must give written notice to D.A., defendant, counsel for defendant, and the mental hygiene legal service.

Court may on its own motion conduct a hearing, and must conduct a hearing with 10 days of demand by any of above listed parties.

Procedure for requesting subsequent retention orders is same as for requesting commitment order and first retention order.

Front 12

330.20

The commissioner may apply for a furlough order, transfer order and order of conditions, and a discharge order and order of conditions.

Any defendant in custody not satisfied with a court order may obtain within___days of the order.

Back 12

30 days

Front 13

330.20

A person confined as a result of one of the above orders may not be released unless the commissioner delivers written notice at least 4 days excluding Sat., Sun., and holidays in advance to the following:

Back 13

a) district attorney, and

b) police department in jurisdiction where defendant is to be discharged or released, and

c) any other person that the court may designate

Front 14

330.20

No application may be made by the commissioner under this section without...

Back 14

an affidavit from at least one psychiatric examiner. Any application submitted without the required affidavit shall be dismissed by the court.

Front 15

330.20

Appeals may be taken to intermediate appellate court by permission of intermediate appellate court, as follows:

Back 15

1. Commissioner

2. Defendant, or mental health service on his behalf

3. D.A.

Appeals from the intermediate appellate court may be taken by permission of the intermediate appellate court or by permission of Court of Appeals. An appeal under this section shall be deemed civil in nature.

Front 16

330.20

Generally, when a “special order of conditions “ is issued, clerk of court must...

Back 16

file a copy of it with the sheriff’s office in the county in which anyone intended to be protected by it resides (or police department, if in a city).

Front 17

330.25

Where defendant is a juvenile offender (13,14,15) (or an adolescent offender- effective 10/1/18) and the verdict is guilty (except for a verdict of guilty of murder in the second degree) the court MAY UPON MOTION AND WITH TH CONSENT OF THE D.A....

Back 17

remove the case to the Family Court in the interests of justice, pursuant to CPL 725.

Front 18

330.30

At any time after rendition of a verdict and before sentence the court may UPON MOTION OF THE DEFENDANT, set aside or modify the verdict or any part thereof upon the grounds that:

Back 18

1. An appeal would result in a reversal based as a matter of law, or (motion may be oral)

2. Because of improper conduct by juror, or another person affecting rights of defendant, or

3. That new evidence has been found which would have resulted in a more favorable verdict for the defendant.

Front 19

330.40

What is the procedure for a motion to set aside a verdict:

Back 19

1. Motion to set aside a verdict based on ground 1 of CPL 330.30 (appeal would result in reversal based as a matter of law) need NOT be in writing, but people must be given notice and opportunity to appear in opposition.

2. Motion to set aside a verdict based on ground 2 and 3 of CPL 330.30 must be in writing.

Front 20

330.50

If court sets aside the verdict based on ground 2 (improper conduct by juror, or another person affecting rights of defendant) the court must...

Back 20

order a new trial.

Front 21

330.50

If the court sets aside the verdict based on ground 3 (new evidence has been found which would have resulted in a more favorable verdict for the defendant) the court must...

Back 21

set aside the verdict and order a new trial, or with the consent of the people, modify the verdict to a leaser included offense.

Upon a new trial, the indictment is deemed to contain all the counts charged at the time previous trial was commenced, except those which the defendant was acquitted or deemed to have bee acquitted.