New York Laws
Article 730 - Mental Disease or Defect Excluding Fitness to Proceed
730.70 - Fitness to Proceed; Procedure Following Termination of Custody by Commissioner.

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.

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