New York Criminal Procedure Law Section 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.

Last modified: February 3, 2019