N.Y. Criminal Procedure Law 730.70 – Fitness to proceed; procedure following termination of custody by commissioner
§ 730.70 Fitness to proceed; procedure following termination of custody
Terms Used In N.Y. Criminal Procedure Law 730.70
- Commissioner: means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. See N.Y. Criminal Procedure Law 730.10
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
by commissioner.
When a defendant is in the custody of the commissioner on the expiration date of a final or temporary order of observation or an order of commitment, or on the expiration date of the last order of retention, or on the date an order dismissing an indictment is served upon the commissioner, the superintendent of the institution in which the defendant is confined may retain him for care and treatment for a period of thirty days from such date. If the superintendent determines that the defendant is so mentally ill or mentally defective as to require continued care and treatment in an institution, he may, before the expiration of such thirty day period, apply for an order of certification in the manner prescribed in § 31.33 of the mental hygiene law.