CPL 730

Question 1

CPL730 deals with an incapacitated person. An incapacitated person is a Defendant who, as a result of mental disease or defect….

Answer 1

lacks capacity to understand the proceedings against him or to assist in his own defense. As opposed to a person with a mental disease or defect as defined inCPL220.15 and 330.20, where the Defendant does understand the proceedings against him and can assist in his own defense

Question 2

CPL730.20 The appropriate director to whom a criminal court (Local or Supreme)issues an order of examination, upon receipt of such order, the director must designate _____ qualified psychiatric examiners, to examine the Defendant to determine if he is an incapacitated person

Answer 2

two …of whom he (the director) may be one

Question 3

CPL730.20-3,4,5 When the Defendant is in custody, the examination must be conducted at _______________. If, however, the director determines that hospital confinement is necessary ,the sheriff must deliver the Defendant to a hospital designated by the director. Such hospital confinement shall be for a period not exceeding 30 days..Upon application of the director, an additional 30 days may be granted

Answer 3

the place where the Defendant is being held in custody.

Question 4

CPL730.20-3,4,5 A psychiatric examiner is entitled to

Answer 4

-traveling expenses,
-a fee of fifty dollars for each examination and
-a fee of fifty dollars for each court appearance,
-but not exceeding two hundred dollars in any one case.

Question 5

CPL730.40 If the examiners agree that the Defendant is not an incapacitated person, the criminal action against him must

Answer 5

proceed

Question 6

CPL730.40 If the examiners agree that the Defendant is an incapacitated person and a local criminal court determines that the Defendant is an incapacitated person, such court must issue a final or temporary order of observation, which commits the Defendant to the custody of the
_____________ for a period not to exceed __________ from the date of the order

Answer 6

commissioner for care and treatment 90 days

Question 7

If the accusatory instrument is not a felony complaint, the local criminal court must issue a _____________ and dismiss the accusatory instrument and such dismissal constitutes a bar to any further prosecution of the charge

Answer 7

final order of observation

Question 8

If the accusatory instrument is a felony complaint, the local criminal court must issue a _________, committing him to the custody of the commissioner for care and treatment in an appropriate institution or, upon consent of the district attorney, committing him for care and treatment on an out-patient basis for a period not to exceed 90 days from the date of such order, except that, with the consent of the district attorney, it may issue a final order of observation.

Answer 8

temporary order of observation
(A temporary order of observation indicates that the action is still pending)

Question 9

730 temporary order of observation =

Answer 9

90 days

Question 10

When a local criminal court has issued a final order of observation, it must

Answer 10

dismiss the accusatory instrument against the Defendant and such dismissal constitutes a bar to any further prosecution.

Question 11

CPL730.50 FITNESS TO PROCEED; INDICTMENT
If, however, such court finds the Defendant to be an incapacitated person and the accusatory instrument ______________ or the Defendant has been _____________, such court must issue a final order of observation committing the Defendant to the care and custody of the commissioner for a period not to exceed 90 days and must then dismiss the indictment

Answer 11

does not charge a felony (OR)
convicted of an offense other than a felony

Question 12

If the indictment charges a felony, such court must issue an order of commitment, committing the Defendant to the custody of the commissioner for care and treatment in an appropriate institution for a period not to exceed _______ from the date of such order.

Answer 12

one year
(In article 330 a commitment order was for six months)

Question 13

730 order of commitment = ____ days

Answer 13

365 days (1 year)

Question 14

Within 60 days of the expiration of the order of commitment (in CPL330 within 30 days), if the superintendent of such institution is of the opinion that the Defendant continues to be incapacitated, such superintendent must apply to the court that issued the order of commitment for an order of retention. If the court is satisfied that the Defendant remains an incapacitated person, the court must issue an ________ for a period not to exceed ______.

Answer 14

order of retention (In CPL730 it’s called a 1st retention order) 1 year

Question 15

If, immediately prior to the expiration of the first order of retention, (within 60 days) the superintendent is of the opinion that the Defendant continues to be incapacitated such superintendent shall make application to the court for a subsequent order of retention for a period not to exceed ______.

Answer 15

two years
(Any subsequent orders of retention must be for periods, not to exceed 2 years each).

Question 16

The aggregate of periods prescribed in the order of commitment, the order of retention and subsequent orders of retention must not exceed ______ of the authorized maximum term of imprisonment for the highest-class felony charged in the indictment or the highest-class felony of which he has been convicted

Answer 16

2/3

Question 17

When a Defendant is in the custody of the commissioner at the expiration of the authorized period prescribed in the _________, the criminal action pending
against him in the superior court shall terminate; the indictment shall be dismissed, and such dismissal constitutes a bar to any further prosecution of the charge (s) contained in such indictment.

Answer 17

Last order of retention