criminal procedure law article 730 Concept Review 10 *matching/quick questions

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Match terms to their appropriate definitions.

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CPL 730.40. if court finds defendant incapacitated, it must issue order committing defendant to custody of Commissioner for up to____days. If accusatory instrument was less than felony, court must issue final order of observation. For felony, must issue temporary order of examination (unless DA consents to final order of examination).

CPL 730.10. An incapacitated person is a person____.

CPL 730.20. Hospital confinement pursuant to an order of examination shall be for period not exceeding____.

CPL 730.60. Pursuant to an order of examination, Commissioner muscle point 2____to examine defendant.

CPL 730.20. psychiatric examiners are entitled to $____ for each examination and $___ for each court hearing (for a total not exceeding $_____ for anyone case), and also entitled to travel expenses. The examiner is NYS employee, he/she shall only be entitled to travel expenses (also fees IF he/she works outside hours of employment or outside County).

CPL 730.50.*if person is NOT charged with a felony or is convicted of a charge less than a felony, court must: 1. Issue final order of observation not to exceed ____days, AND 2. Dismissed indictment.

CPL 730.50. If indictment charges of felony or when a defendant has been convicted of a felony, and must issue order of commitment not to exceed_____.

CPL 730.60. When Commissioner discharges, releases on condition, or places defended and less secure status such as vacations, furloughs and temporary passes, he shall give at least______days written notice (excluding Saturdays, Sundays and legal holidays) to the following: 1. The DA 2. Superintendent of State police 3. Sheriff of County where facility is located4. Police Department with facility is located 5. Any person reasonably expect to be a victim 6. Any other person court may designate. Such notification shall also be given immediately upon defendant's departure without authorization.

CPL 730.70. When a defendant is in the custody of the commission on the expiration date or 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 and 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 period of_____days from such date.

CPL 730.70. If the superintendent determines that the defendant is so mentally ill or mentally defective as to require care and treatment in an institution, he may, before expiration of such____day., Apply for an_____ _____ ______in the manner prescribed in the mental hygiene law.

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30 days. (may be extended for an additional period not exceeding 30 days).

90 days

qualified psychiatric examiners

$50… $50… $200

4 days

90 days

who has a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense.

30 days

1 year

30 day… Order of certification