N.Y. Mental Hygiene Law § 67.08: Patient transfer to foreign nation

§ 67.08 Patient transfer to foreign nation.

(a) The commissioner, or his or her designee, shall have the sole and

absolute authority to approve or disapprove a patient application for

transfer to a foreign nation pursuant to the Council of Europe

Convention on the Transfer of Sentenced Persons (COE) or other

applicable international treaty, where:

(1) Such applicant has been committed to and placed in the custody of

the department upon a verdict of not responsible by reason of mental

disease or defect pursuant to section 330.20 of the criminal procedure

law;

(2) Such applicant has indicated a willingness and desire for transfer

to a foreign nation in writing on a form prescribed by the commissioner

or, the commissioner at the request of a patient's legal guardian or

attorney can indicate a desire for transfer if the patient is unable to

indicate their willingness and desire on their own; and

(3) The transfer nation is either a "treaty nation" under the COE or

any other nation with which the United States has a prisoner transfer

treaty that permits the transfer of persons committed to psychiatric

institutions after a verdict of not responsible by reason of mental

disease or defect.

(b) If a request for transfer is approved by the commissioner, or his

or her designee, facility staff shall assist in the preparation and

submission of all materials and forms necessary to effectuate the

person's request for transfer to the United States department of justice

for purposes of finalization of the transfer process, including a

verification proceeding before a United States district court judge,

United States magistrate or other appointed United States official to

assure and document the applicant's voluntary request for transfer.

(c) The commissioner shall promulgate rules and regulations setting

forth the procedures to notify patients and where applicable, their

legal guardian or attorney, of their rights under this section and the

procedure by which a patient may apply to be considered for transfer to

a foreign nation. Nothing herein shall be construed to confer upon a

patient a right to be transferred to a foreign nation.