N.Y. Correction Law § 404: Disposition of mentally ill incarcerated individuals upon release to parole, conditional release, or expiration of sentence

§ 404. Disposition of mentally ill incarcerated individuals upon

release to parole, conditional release, or expiration of sentence. 1.

Whenever an incarcerated individual committed to a hospital in the

department of mental hygiene or whenever an incarcerated individual is

examined in anticipation of his or her conditional release, release to

parole supervision, or when his or her sentence to a term of

imprisonment expires and such incarcerated individual shall continue to

be mentally ill and in need of care and treatment at the time of his or

her conditional release, release to parole supervision, or when his or

her sentence to a term of imprisonment expires, the director of the

hospital or the superintendent of a correctional facility may apply for

the person's admission to a hospital for the care and treatment of the

mentally ill in the department of mental hygiene pursuant to article

nine of the mental hygiene law, or alternatively, the commissioner may

apply for the person's admission to a secure treatment facility pursuant

to article ten of the mental hygiene law.

2. The director may discharge any incarcerated individual at the

expiration of the term for which he or she was sentenced who is still

mentally ill, but who, in the opinion of the director, is reasonably

safe to be at large. Such discharged incarcerated individual shall be

entitled to suitable clothing adapted to the season in which he or she

is discharged, and if it cannot be otherwise obtained, the business

officer, or other officer having like duties shall, upon the order of

the director, or of the commissioner of mental hygiene, as the case may

be, furnish the same, and money in an amount to be fixed by such

commissioner with the approval of the director of the budget, to defray

his or her expenses until he or she can reach his or her relatives or

friends, or find employment to earn a subsistence.

3. Within a reasonable period prior to discharge of an incarcerated

individual committed from a state correctional facility from a hospital

in the department of mental hygiene to the community, the director shall

ensure that a clinical assessment has been completed to determine

whether the incarcerated individual meets the criteria for assisted

outpatient treatment pursuant to subdivision (c) of section 9.60 of the

mental hygiene law. If, as a result of such assessment, the director

determines that the incarcerated individual meets such criteria, prior

to discharge the director of the hospital shall either petition for a

court order pursuant to section 9.60 of the mental hygiene law, or

report in writing to the director of community services of the local

governmental unit in which the incarcerated individual is expected to

reside so that an investigation may be conducted pursuant to section

9.47 of the mental hygiene law.

4. Every incarcerated individual who has received mental health

treatment pursuant to this article within three years of his or her

anticipated release date from a state correctional facility shall be

provided with mental health discharge planning and, when necessary, an

appointment with a mental health professional in the community who can

prescribe medications following discharge and sufficient mental health

medications and prescriptions to bridge the period between discharge and

such time as such mental health professional may assume care of the

patient. Incarcerated individuals who have refused mental health

treatment may also be provided mental health discharge planning and any

necessary appointment with a mental health professional.