§ 322.1. Incapacitated person; examination reports. 1. At any
proceeding under this article, the court must issue an order that the
respondent be examined as provided herein when it is of the opinion that
the respondent may be an incapacitated person. Notwithstanding the
provisions of this or any other law, the court may direct that the
examination be conducted on an outpatient basis. If the respondent is in
custody at the time the court issues an order of examination, the
examination may be conducted at the place where the respondent is being
held in custody so long as no reasonable alternative outpatient setting
is available. The court shall order that two qualified psychiatric
examiners as defined in subdivision seven of section 730.10 of the
criminal procedure law examine the respondent to determine if he or she
may be diagnosed as a person with mental illness or an intellectual or
developmental disability.

2. If an order of examination has been issued pursuant to subdivision
one, the proceedings shall be adjourned until the examination reports
have been filed with the court. Every such report shall be filed within
ten days after entry of such order. Upon a showing of special
circumstances and a finding that a longer period is necessary to
complete the examination and report, the court may extend the time for
filing the examination report.

3. Each report shall state the examiner's opinion as to whether the
respondent is or is not an incapacitated person, the nature and extent
of his examination and, if he finds the respondent is an incapacitated
person, his diagnosis and prognosis and a detailed statement of the
reasons for his opinion by making particular reference to those aspects
of the proceedings wherein the respondent lacks capacity to understand
or to assist in his own defense. The chief administrator of the courts
shall prescribe the form for the examination report.