Fitness to proceed; procedure following termination of custody by commissioner

§ 730.70 Fitness to proceed; procedure following termination of custody\n by commissioner.\n When a defendant is in the custody of the commissioner on the\nexpiration date of a final or temporary order of observation or an order\nof commitment, or on the expiration date of the last order of retention,\nor on the date an order dismissing an indictment is served upon the\ncommissioner, the superintendent of the institution in which the\ndefendant is confined may retain him for care and treatment for a period\nof thirty days from such date. If the superintendent determines that the\ndefendant is so mentally ill or mentally defective as to require\ncontinued care and treatment in an institution, he may, before the\nexpiration of such thirty day period, apply for an order of\ncertification in the manner prescribed in section 31.33 of the mental\nhygiene law.\n