§ 330.20 Procedure following verdict or plea of not responsible by\n reason of mental disease or defect.\n 1. Definition of terms. As used in this section, the following terms\nshall have the following meanings:\n (a) "Commissioner" means the state commissioner of mental health or\nthe state commissioner of the office for people with developmental\ndisabilities.\n (b) "Secure facility" means a facility within the state office of\nmental health or the state office for people with developmental\ndisabilities which is staffed with personnel adequately trained in\nsecurity methods and is so equipped as to minimize the risk or danger of\nescapes, and which has been so specifically designated by the\ncommissioner.\n (c) "Dangerous mental disorder" means: (i) that a defendant currently\nsuffers from a "mental illness" as that term is defined in subdivision\ntwenty of section 1.03 of the mental hygiene law, and (ii) that because\nof such condition he currently constitutes a physical danger to himself\nor others.\n (d) "Mentally ill" means that a defendant currently suffers from a\nmental illness for which care and treatment as a patient, in the\nin-patient services of a psychiatric center under the jurisdiction of\nthe state office of mental health, is essential to such defendant's\nwelfare and that his or her judgment is so impaired that he is unable to\nunderstand the need for such care and treatment; and, where a defendant\nhas a developmental disability, the term "mentally ill" shall also mean,\nfor purposes of this section, that the defendant is in need of care and\ntreatment as a resident in the in-patient services of a developmental\ncenter or other residential facility for individuals with developmental\ndisabilities under the jurisdiction of the state office for people with\ndevelopmental disabilities.\n (e) "Examination order" means an order directed to the commissioner\nrequiring that a defendant submit to a psychiatric examination to\ndetermine whether the defendant has a dangerous mental disorder, or if\nhe does not have dangerous mental disorder, whether he is mentally ill.\n (f) "Commitment order" or "recommitment order" means an order\ncommitting a defendant to the custody of the commissioner for\nconfinement in a secure facility for care and treatment for six months\nfrom the date of the order.\n (g) "First retention order" means an order which is effective at the\nexpiration of the period prescribed in a commitment order for a\nrecommitment order, authorizing continued custody of a defendant by the\ncommissioner for a period not to exceed one year.\n (h) "Second retention order" means an order which is effective at the\nexpiration of the period prescribed in a first retention order,\nauthorizing continued custody of a defendant by the commissioner for a\nperiod not to exceed two years.\n (i) "Subsequent retention order" means an order which is effective at\nthe expiration of the period prescribed in a second retention order or a\nprior subsequent retention order authorizing continued custody of a\ndefendant by the commissioner for a period not to exceed two years.\n (j) "Retention order" means a first retention order, a second\nretention order or a subsequent retention order.\n (k) "Furlough order" means an order directing the commissioner to\nallow a defendant in confinement pursuant to a commitment order,\nrecommitment order or retention order to temporarily leave the facility\nfor a period not exceeding fourteen days, either with or without the\nconstant supervision of one or more employees of the facility.\n (l) "Transfer order" means an order directing the commissioner to\ntransfer a defendant from a secure facility to a non-secure facility\nunder the jurisdiction of the commissioner or to any non-secure facility\ndesignated by the commissioner.\n (m) "Release order" means an order directing the commissioner to\nterminate a defendant's in-patient status without terminating the\ncommissi
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