N.Y. Mental Hygiene Law § 29.27: Incarcerated individual-patients placed in the custody of the department

§ 29.27 Incarcerated individual-patients placed in the custody of the

department.

(a) As used in this section, the term "incarcerated

individual-patient" means a person committed pursuant to the provisions

of article sixteen of the correction law to the custody of the

department of mental hygiene for care and treatment.

(b) The commissioner shall provide a facility or facilities in which

incarcerated individual-patients may be retained for care and treatment.

(c) An incarcerated individual-patient may be retained for care and

treatment in the facility designated by the commissioner for the period

stated in the order committing the incarcerated individual-patient to

the custody of the department unless sooner transferred or discharged in

accordance with law. If the incarcerated individual-patient requires

inpatient care and treatment for mental illness beyond such authorized

period, the director of the facility where he or she is kept in custody

shall apply for an order of retention or subsequent orders of retention

in accordance with the procedures set forth in article nine of this

chapter for the retention of patients. The provisions of this chapter

applying to the rights of patients with respect to notices, hearings,

judicial review, writ of habeas corpus, and the services of the mental

hygiene legal service shall apply to incarcerated individual-patients

except that in no case shall an incarcerated individual-patient be

discharged or released from custody prior to the time that such

incarcerated individual-patient has completed his or her term of

imprisonment or that his or her release from custodial confinement in

the correctional facility or jail from which he or she was delivered to

the department has been duly authorized.

(d) During the period of his or her custody in the department of

mental hygiene pursuant to this section, an incarcerated

individual-patient shall be entitled to the rights to care and treatment

set forth in section 15.03 of this chapter and to such other rights

granted to patients by this chapter, as determined by regulation of the

commissioner, which are not inconsistent with his or her status as a

person legally subject to confinement in a correctional facility or jail

or with the mandate of secure custody of such incarcerated

individual-patient.

(e) When the director of the facility in which the incarcerated

individual-patient is in custody finds that the incarcerated

individual-patient is no longer mentally ill or no longer requires

hospitalization for care and treatment, he or she shall so notify the

incarcerated individual-patient and commissioner of corrections and

community supervision or, in the case of an incarcerated

individual-patient coming from a jail or correctional institution

operated by local government, the officer in charge of the jail or

correctional institution from which the incarcerated individual-patient

was committed. The commissioner of corrections and community supervision

or such officer, as the case may be, shall immediately arrange to take

such incarcerated individual-patient into custody and return him or her

to a correctional facility or to the jail or correctional institution

operated by local government.

(f) Upon delivery of the incarcerated individual-patient to the

representative of the commissioner of corrections and community

supervision or of an officer in charge of a jail or correctional

institution operated by local government, the responsibility of the

department and its facilities for the custody of the incarcerated

individual-patient shall terminate. Where the incarcerated individual is

returned to a state correctional facility, the department shall continue

to be responsible for the incarcerated individual-patient's psychiatric

care if the incarcerated individual-patient upon his or her return is in

a program established pursuant to section four hundred one of the

correction law.

(g) If an incarcerated individual-patient in the custody of the

department escapes from custody, immediate notice shall be given to the

commissioner of corrections and community supervision or, in the case of

an incarcerated individual-patient coming from a jail or correctional

institution operated by local government, to the officer in charge of

such jail or correctional institution. Notice shall also be given to

appropriate law enforcement authorities.

(h) The cost of care and treatment of an incarcerated

individual-patient in a department facility shall be a charge upon the

department if the incarcerated individual-patient was committed from a

state correctional facility or upon the local government from which the

incarcerated individual-patient was committed.

(i) Upon release of an incarcerated individual-patient from a

facility, the director shall forward a copy of all health and

psychiatric records to the commissioner of corrections and community

supervision or to the officer in charge of a jail or correctional

institution operated by local government, as the case may be.

(j) If the sentence for which an incarcerated individual-patient is

confined expires or is vacated or modified by court order, the director

shall so notify the commissioner of corrections and community

supervision or such officer in charge of a jail or correctional

institution operated by local government, as appropriate.