Within ______ of the expiration of commitment, if the superintendent of the institution where the defendant is confined is of the opinion that the defendant continues to be incapacitated, the superintendent must apply to the court that issued the order for an order of retention.

• A. 30 days
• B. 60 days
• C. 90 days
• D. 120 days

Answer: (B)

Timing for seeking continued confinement is tested here: if the defendant remains incapacitated, the superintendent must apply for a retention order within sixty days after the expiration of the commitment. This sixty‑day window balances the need for prompt judicial oversight with allowing time to assess ongoing incapacity and prepare the petition. The request must go to the same court that issued the original retention order, preserving continuity of the court’s review.

Thirty days would typically be too short to gather necessary information and file a proper petition. Ninety days or more would risk delaying crucial review and potentially extending confinement without timely judicial oversight.