N.Y. Correction Law § 400: Definitions

§ 400. Definitions. As used in this article the following terms:

(1) "Examining physician" means a physician licensed to practice

medicine in the state of New York, but who is not on the staff of the

facility where the incarcerated individual is confined.

(2) "Hospital" means a hospital in the department of mental hygiene

which is designated as such by the commissioner of mental hygiene for

the care and treatment of mentally ill incarcerated individuals.

(3) "In immediate need of care and treatment" means that the

incarcerated individual is apparently mentally ill and is not able to be

properly cared for at the place where he or she is confined and is in

need of immediate care and treatment in a hospital.

(4) "In need of care and treatment" means that a person has a mental

illness for which in-patient care and treatment in a hospital is

necessary.

(5) "Incarcerated individual" means a person committed to the custody

of the department of corrections and community supervision, or a person

convicted of a crime and committed to the custody of the sheriff, the

county jail, or a local department of correction.

(6) "Mental illness" means an affliction with a mental disease or

mental condition which is manifested by a disorder or disturbance in

behavior, feeling, thinking, or judgment to such an extent that the

person afflicted requires care and treatment.

(7) "Superintendent" means a superintendent of a state correctional

facility or the person in charge of a local correctional facility by

whatever title he may be known.