N.Y. Criminal Procedure Law § 730.70: Fitness to proceed; procedure following termination of custody by commissioner

§ 730.70 Fitness to proceed; procedure following termination of custody

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.