CPL § 730.70

Fitness to proceed; procedure following termination of custody by commissioner

§ 730.70 Fitness to proceed; procedure following termination of custody

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 section 31.33 of the mental hygiene law.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/730.70

In plain English

When the defendant is still in the Commissioner's custody on the expiration date of a final/temporary observation order, an order of commitment, the last retention order, or the date a dismissal order is served, the superintendent may retain him for care/treatment for 30 days from that date. If the superintendent finds he needs continued institutional care, he may — before the 30 days end — apply for civil certification under MHL § 31.33. ★ (This is the hand-off from criminal custody to ordinary civil commitment.)

★ Exam hits:

"Incapacitated person" = lacks capacity, due to mental disease or defect, to understand the proceedings OR assist in his own defense.
Exam mechanics: director designates TWO examiners; if they disagree, a third is added. Hospital confinement for exam is 30 days + up to 30 more (60 max). Fees: $50/exam, $50/appearance, $200 cap.
Order of observation = up to 90 days and (when final) dismisses the charge as a bar to prosecution. Local court: non-felony-complaint → final order; felony complaint → temporary order.
Indictment (§ 730.50): non-felony → final observation (≤90 days, dismiss); felony → order of commitment (≤ 1 year). Retention: first ≤ 1 year, later ≤ 2 years each, aggregate capped at two-thirds of the max term for the highest class felony charged.
§ 730.60(6): 4 days' advance written notice (excluding weekends/holidays) before release/less-restrictive status, to DA, state police, sheriff, local police, victims, and court designees; DA may seek a dangerousness hearing within 3 days (held within 10 days; retention ≤ 6 months).
§ 730.70: the superintendent may hold the defendant 30 more days after custody ends, then must seek MHL § 31.33 civil certification.
Statements made for the exam are inadmissible except on the issue of mental condition.

Verbatim statute: CPL - Article 730

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.