Legislation
SECTION 6345
Request for renewal of an extreme risk protection order
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 63-A
§ 6345. Request for renewal of an extreme risk protection order. 1. If
a petitioner believes a person subject to an extreme risk protection
order continues to be likely to engage in conduct that would result in
serious harm to himself, herself, or others, as defined in paragraph one
or two of subdivision (a) of section 9.39 of the mental hygiene law,
such petitioner may, at any time within sixty days prior to the
expiration of such existing extreme risk protection order, initiate a
request for a renewal of such order, setting forth the facts and
circumstances necessitating the request. The chief administrator of the
courts shall adopt forms that may be used for purposes of such
applications and the court's consideration of such applications. The
court may issue a temporary extreme risk protection order in accordance
with section sixty-three hundred forty-two of this article, during the
period that a request for renewal of an extreme risk protection order is
under consideration pursuant to this section.
2. A hearing held pursuant to this section shall be conducted in the
supreme court, in accordance with section sixty-three hundred
forty-three of this article, to determine if a request for renewal of
the order shall be granted. The respondent shall be served with written
notice of an application for renewal a reasonable time before the
hearing, and shall be afforded an opportunity to fully participate in
the hearing. The court shall direct service of such application and the
accompanying papers in the manner and in accordance with the protections
for the petitioner set forth in subdivision six of section sixty-three
hundred forty-two of this article.
a petitioner believes a person subject to an extreme risk protection
order continues to be likely to engage in conduct that would result in
serious harm to himself, herself, or others, as defined in paragraph one
or two of subdivision (a) of section 9.39 of the mental hygiene law,
such petitioner may, at any time within sixty days prior to the
expiration of such existing extreme risk protection order, initiate a
request for a renewal of such order, setting forth the facts and
circumstances necessitating the request. The chief administrator of the
courts shall adopt forms that may be used for purposes of such
applications and the court's consideration of such applications. The
court may issue a temporary extreme risk protection order in accordance
with section sixty-three hundred forty-two of this article, during the
period that a request for renewal of an extreme risk protection order is
under consideration pursuant to this section.
2. A hearing held pursuant to this section shall be conducted in the
supreme court, in accordance with section sixty-three hundred
forty-three of this article, to determine if a request for renewal of
the order shall be granted. The respondent shall be served with written
notice of an application for renewal a reasonable time before the
hearing, and shall be afforded an opportunity to fully participate in
the hearing. The court shall direct service of such application and the
accompanying papers in the manner and in accordance with the protections
for the petitioner set forth in subdivision six of section sixty-three
hundred forty-two of this article.