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What’s the initial hearing for a commitment order in New York?

This article explains procedures that take place after a person has been committed to a secured psychiatric facility by the order of the court.

Initial Hearing: Commitment Order

After the exam reports are submitted, the court must, within ten days of the receipt of the reports, conduct an initial hearing to determine the defendant’s mental condition. If the defendant’s in the custody of the commissioner in regards to an examination order, the court has to direct the sheriff to gain custody of the defendant from the commissioner and confine the defendant pending further order of the court, except that the court can direct the sheriff to confine the defendant in an institution near the place where the court sits if that institution has been designated by the commissioner as suitable for temporary and secure detention of mentally disabled people. At the initial hearing, the DA must establish to the satisfaction of the court that the defendant has a dangerous mental disorder or is considered to be mentally ill. If the court finds the defendant has a dangerous mental disorder, it has to issue a commitment order. If the court finds the defendant doesn’t have a dangerous mental disorder but is mentally ill, the provisions of subdivision seven of this section will apply.

Initial Hearing Civil Commitment and Order of Conditions

If, at the conclusion of the initial hearing conducted, the court finds the defendant’s mentally ill but doesn’t have a dangerous mental disorder, the provisions of articles nine or fifteen of the mental hygiene law will apply at that stage of the proceedings and at all later proceedings. Having found the defendant’s mentally ill, the court has to issue an order of conditions and an order that commits the defendant to the custody of the commissioner. The latter order will be deemed an order made in regards to the mental hygiene law and not related to this section, and further retention, conditional release or discharge of the defendant will be in accordance with the provisions of the mental hygiene law. If, at the conclusion of the initial hearing, the court finds the defendant doesn’t have a dangerous mental disorder and isn’t mentally ill, the court must discharge the defendant either unconditionally or subject to an order of conditions.
Also, whenever the court issues a special order of conditions, the commissioner will make reasonable efforts to notify the victim(s) or else the designated witness or witnesses that a special order of conditions containing these provisions has been issued, unless the victim or witness requested that such a notice shouldn’t be provided.

First Retention Order

When a defendant’s in the custody of the commissioner in relation to a commitment order, the commissioner must, at least thirty days before the expiration of the period prescribed in the order, apply to the court that issued the order, or to a superior court in the county where the secure facility’s located, for a first retention order, or else a release order. The commissioner must then give written notice of the application to the DA, the defendant, counsel for the defendant, and the mental hygiene legal service. On receipt of the application, the court can conduct a hearing to determine whether the defendant has a dangerous mental disorder, and it has to conduct a hearing if a demand is made by the DA, the defendant, counsel for the defendant, or the mental hygiene legal service within ten days from the date that notice of the application was given to them. If a hearing is held on an application for retention, the commissioner has to establish to the satisfaction of the court that the defendant has a dangerous mental disorder or is mentally ill.


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2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
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2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
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L.C.
2021-02-24
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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
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2021-02-23
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I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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