CPL 330 Volume 1

Question 1

330.10- Disposition of defendant after verdict
Upon verdict of _________________ the court MUST discharge the defendant if he is in custody or at liberty on bail and exonerate such bail

Answer 1

complete acquittal

Question 2

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

(NEW) Commissioner - means the state commissioner of ___________ or the state commissioner of the office for people with _____________________.

Answer 2

mental health ………… developmental disabilities

Question 3

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

(NEW) “Secure facility” means a facility within the state office of mental health or the state office for people with developmental disabilities which is staffed with personnel adequately trained in security methods to minimize___________________________

Answer 3

the risk or danger of escapes

Question 4

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Dangerous Mental Disorder - Defendant with mental illness which constitutes a ________________________________

Answer 4

danger to himself or others

Question 5

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

(NEW) Mentally ill -

• defendant suffers from a mental illness for which __________ and ________________ as a patient, in the in-patient services of a psychiatric center under the jurisdiction of the state office of mental health, is essential to such defendant’s welfare and that his or her judgment is so impaired that he is unable to understand the need for such care and treatment; and,
• where a defendant has a developmental disability, the term “mentally ill” shall also mean, that the defendant is in need of care and treatment as a ______________ in the in-patient services of a developmental center or other residential facility for individuals with developmental disabilities under the jurisdiction of the state office for people with developmental disabilities.

Answer 5

care and treatment………. resident

Question 6

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Examination Order - An order directed to the commissioner requiring the defendant to submit to a psychiatric examination to determine whether he has a _______________ or _____________________

Answer 6

dangerous mental disorder or is just mentally ill

Question 7

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Commitment Order or Recommitment Order - an order committing the defendant to the custody of the commissioner for confinement in a secure facility for a period of _______________ from the date of the order.

Answer 7

SIX (6) MONTHS

Clue: Commit is Six letters…Six months

Question 8

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

First Retention Order - First order for the continued commitment after expiration of the commitment order authorizing continued commitment for not more than ____________________

Answer 8

ONE(1) YEAR. Clue: First(1)

Question 9

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Second Retention Order - An order which is effective at the expiration of the first retention order authorizing continued custody for a period not to exceed____________________

Answer 9

TWO(2) YEARS Clue: Second(2)

Question 10

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Subsequent Retention Order- An order issued after the expiration of the Second retention order or another subsequent retention order for a period not to exceed _______________________

Answer 10

TWO (2) YEARS. Clue “Sub” follows “Sec” alphabetically

Question 11

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Retention Order- means any of the listed _______________ orders

Answer 11

Retention

Question 12

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Furlough Order* An order directing the commissioner allowing defendant to leave the secure facility for a period not to exceed ________________ either with or without the constant supervision of one or more employees of the facility.

Answer 12

FOURTEEN (14) DAYS

Clue : Furlough – Furteen

Question 13

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Transfer Order- Order directing the commissioner to transfer a defendant from a ____________ to a _____________ under the jurisdiction of the commissioner or any non-secure facility designated by the commissioner

Answer 13

secure facility……… non-secure facility

Question 14

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Release Order - Terminating the defendant’s ___________________ without terminating the commissioner’s responsibility for the defendant. (Do not confuse with Discharge Order, what is a Discharge Order you ask, read on)

Answer 14

inpatient status

Question 15

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Discharge Order - An order terminating an order of __________ or unconditionally ______________ the defendant from Supervision.

Answer 15

Conditions……… discharging

Clue: Discharge is like dismiss. Dis-Dis

Question 16

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Order of Conditions -

• An order directing a defendant to comply with a prescribed treatment plan or any condition which the court determines reasonable and necessary, and where defendant is in custody of the commissioner, not to leave the facility without authorization.
• In addition to such conditions, the order may be accompanied by a special order of conditions requiring the defendant to “Stay away from the home, school, place of business of the victim or witness” or “Refrain from harassing, intimidating, threatening the victim or any of their family members”.
• This order shall be valid for ___________ from the date of issuance, except for good cause shown, may be extended for an additional _________

Answer 16

FIVE (5) YEARS…….. (5) years

Question 17

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

District Attorney - The office which prosecuted the criminal action resulting in this verdict or plea of not responsible

Answer 17

xx

Question 18

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Qualified Psychiatrist- A physician who is a diplomat on the __________

Answer 18

American board of psychiatrists

Question 19

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Licensed Psychologist - Psychologists who are registered under __________

Answer 19

article 153 of the education law

Question 20

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Psychiatric Examiner- Is either a Qualified ___________ or Licensed ___________ designated by the commissioner to examine a defendant

Answer 20

Psychiatrist……Psychologist

Question 21

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Examination Order:

• Upon a plea or verdict of not responsible by mental disease or defect the court MUST immediately issue an examination order.
• Upon receipt of the order the commissioner must designate ________ qualified psychiatric examiners to conduct the examination to examine the defendant.
• The court (MUST/MAY) authorize a psychiatrist or psychologist retained by the defendant to be present at such examination
• The clerk of the court MUST promptly forward a copy of examination order to the ________________, such service may thereafter participate in all further proceedings
• In all subsequent proceedings, the court must consider if any orders of protection have been previously issued in this matter before issuing any special order of conditions

Answer 21

TWO(2) …. MAY……. Mental Hygiene Legal Service

Question 22

330.20- Proceedings after verdict or plea of not responsible by mental disease

Definitions:

Firearm Surrender Order- Upon the entry of a verdict, or acceptance of a plea, of not responsible by reason of mental disease or defect, or upon a finding that the defendant is an __________ pursuant to CPL 730, the court shall revoke the defendant’s firearm license if any, and inquire as to the existence and whereabouts of any firearms owned or possessed by the defendant and direct the surrender of such firearm. “Yup I would have to agree with this one, probably a good idea”

Answer 22

“incapacitated person”