§ 322.1. Incapacitated person; examination reports. 1. At any\nproceeding under this article, the court must issue an order that the\nrespondent be examined as provided herein when it is of the opinion that\nthe respondent may be an incapacitated person. Notwithstanding the\nprovisions of this or any other law, the court may direct that the\nexamination be conducted on an outpatient basis. If the respondent is in\ncustody at the time the court issues an order of examination, the\nexamination may be conducted at the place where the respondent is being\nheld in custody so long as no reasonable alternative outpatient setting\nis available. The court shall order that two qualified psychiatric\nexaminers as defined in subdivision seven of section 730.10 of the\ncriminal procedure law examine the respondent to determine if he or she\nmay be diagnosed as a person with mental illness or an intellectual or\ndevelopmental disability.\n 2. If an order of examination has been issued pursuant to subdivision\none, the proceedings shall be adjourned until the examination reports\nhave been filed with the court. Every such report shall be filed within\nten days after entry of such order. Upon a showing of special\ncircumstances and a finding that a longer period is necessary to\ncomplete the examination and report, the court may extend the time for\nfiling the examination report.\n 3. Each report shall state the examiner's opinion as to whether the\nrespondent is or is not an incapacitated person, the nature and extent\nof his examination and, if he finds the respondent is an incapacitated\nperson, his diagnosis and prognosis and a detailed statement of the\nreasons for his opinion by making particular reference to those aspects\nof the proceedings wherein the respondent lacks capacity to understand\nor to assist in his own defense. The chief administrator of the courts\nshall prescribe the form for the examination report.\n
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