(1) The district attorney of the county from which such person was
committed;
(2) The superintendent of state police;
(3) The sheriff of the county where the facility is located;
(4) The police department having jurisdiction of the area where the
facility is located;
(5) Any person who may reasonably be expected to be the victim of any
assault or any violent felony offense, as defined in the penal law, or
any offense listed in section 530.11 of this part which would be carried
out by the committed person; provided that the person who reasonably may
be expected to be a victim does not need to be a member of the same
family or household as the committed person; and
(6) Any other person the court may designate.
Said notice may be given by any means reasonably calculated to give
prompt actual notice.
(b) The notice required by this subdivision shall also be given
immediately upon the departure of such committed person from the actual
custody of the commissioner or an appropriate institution, without
proper authorization. Nothing in this subdivision shall be construed to
impair any other right or duty regarding any notice or hearing contained
in any other provision of law.
(c) Whenever a district attorney has received the notice described in
this subdivision, and the defendant is in the custody of the
commissioner pursuant to a final order of observation or an order of
commitment, he may apply within three days of receipt of such notice to
a superior court, for an order directing a hearing to be held to
determine whether such committed person is a danger to himself or
others. Such hearing shall be held within ten days following the
issuance of such order. Such order may provide that there shall be no
further change in the committed person's facility or status until the
hearing. Upon a finding that the committed person is a danger to himself
or others, the court shall issue an order to the commissioner
authorizing retention of the committed person in the status existing at
the time notice was given hereunder, for a specified period, not to
exceed six months. The district attorney and the committed person's
attorney shall be entitled to the committed person's clinical records in
the commissioner's custody, upon the issuance of an order directing a
hearing to be held.
(d) Nothing in this subdivision shall be construed to impair any other
right or duty regarding any notice or hearing contained in any other
provision of law.
Structure New York Laws
Part 3 - Special Proceedings and Miscellaneous Procedures
Title U - Special Proceedings Which Replace,suspend or Abate Criminal Actions
Article 730 - Mental Disease or Defect Excluding Fitness to Proceed
730.10 - Fitness to Proceed; Definitions.
730.20 - Fitness to Proceed; Generally.
730.30 - Fitness to Proceed; Order of Examination.
730.40 - Fitness to Proceed; Local Criminal Court Accusatory Instrument.
730.50 - Fitness to Proceed; Indictment.
730.60 - Fitness to Proceed; Procedure Following Custody by Commissioner.
730.70 - Fitness to Proceed; Procedure Following Termination of Custody by Commissioner.