§ 730.50 Fitness to proceed; indictment.\n 1. When a superior court, following a hearing conducted pursuant to\nsubdivision three or four of section 730.30 of this article, is\nsatisfied that the defendant is not an incapacitated person, the\ncriminal action against him or her must proceed. If it is satisfied that\nthe defendant is an incapacitated person, or if no motion for such a\nhearing is made, it must adjudicate him or her an incapacitated person,\nand must issue a final order of observation or an order of commitment.\nWhen the indictment does not charge a felony or when the defendant has\nbeen convicted of an offense other than a felony, such court (a) must\nissue a final order of observation committing the defendant to the\ncustody of the commissioner for care and treatment in an appropriate\ninstitution for a period not to exceed ninety days from the date of such\norder, provided, however, that the commissioner may designate an\nappropriate hospital for placement of a defendant for whom a final order\nof observation has been issued, where such hospital is licensed by the\noffice of mental health and has agreed to accept, upon referral by the\ncommissioner, defendants subject to final orders of observation issued\nunder this subdivision, and (b) must dismiss the indictment filed in\nsuch court against the defendant, and such dismissal constitutes a bar\nto any further prosecution of the charge or charges contained in such\nindictment. Upon the issuance of a final order of observation, the\ndistrict attorney shall immediately transmit to the commissioner, in a\nmanner intended to protect the confidentiality of the information, a\nlist of names and contact information of persons who may reasonably be\nexpected to be the victim of any assault or any violent felony offense,\nas defined in the penal law, or any offense listed in section 530.11 of\nthis chapter which would be carried out by the committed person;\nprovided that the person who reasonably may be expected to be a victim\ndoes not need to be a member of the same family or household as the\ncommitted person. When the indictment charges a felony or when the\ndefendant has been convicted of a felony, it must issue an order of\ncommitment committing the defendant to the custody of the commissioner\nfor care and treatment in an appropriate institution or, upon the\nconsent of the district attorney, committing him or her to the custody\nof the commissioner for care and treatment on an out-patient basis, for\na period not to exceed one year from the date of such order. Upon the\nissuance of an order of commitment, the court must exonerate the\ndefendant's bail if he or she was previously at liberty on bail;\nprovided, however, that exoneration of bail is not required when a\ndefendant is committed to the custody of the commissioner for care and\ntreatment on an out-patient basis. When the defendant is in the custody\nof the commissioner pursuant to a final order of observation, the\ncommissioner or his or her designee, which may include the director of\nan appropriate institution, immediately upon the discharge of the\ndefendant, must certify to such court that he or she has complied with\nthe notice provisions set forth in paragraph (a) of subdivision six of\nsection 730.60 of this article.\n 2. When a defendant is in the custody of the commissioner immediately\nprior to the expiration of the period prescribed in a temporary order of\ncommitment and the superintendent of the institution wherein the\ndefendant is confined is of the opinion that the defendant continues to\nbe an incapacitated person, such superintendent must apply to the court\nthat issued such order for an order of retention. Such application must\nbe made within sixty days prior to the expiration of such period on\nforms that have been jointly adopted by the judicial conference and the\ncommissioner. The superintendent must give written notice of the\napplication to the defendant and to the mental h
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