N.Y. MHY Law § 29.27 — New York Code / Act MHY / Title E / Article 29 / Section 29.27
Incarcerated individual-patients placed in the custody of the department
Status: in_force

§ 29.27 Incarcerated individual-patients placed in the custody of the\n          department.\n  (a) As used in this section, the term "incarcerated\nindividual-patient" means a person committed pursuant to the provisions\nof article sixteen of the correction law to the custody of the\ndepartment of mental hygiene for care and treatment.\n  (b) The commissioner shall provide a facility or facilities in which\nincarcerated individual-patients may be retained for care and treatment.\n  (c) An incarcerated individual-patient may be retained for care and\ntreatment in the facility designated by the commissioner for the period\nstated in the order committing the incarcerated individual-patient to\nthe custody of the department unless sooner transferred or discharged in\naccordance with law. If the incarcerated individual-patient requires\ninpatient care and treatment for mental illness beyond such authorized\nperiod, the director of the facility where he or she is kept in custody\nshall apply for an order of retention or subsequent orders of retention\nin accordance with the procedures set forth in article nine of this\nchapter for the retention of patients. The provisions of this chapter\napplying to the rights of patients with respect to notices, hearings,\njudicial review, writ of habeas corpus, and the services of the mental\nhygiene legal service shall apply to incarcerated individual-patients\nexcept that in no case shall an incarcerated individual-patient be\ndischarged or released from custody prior to the time that such\nincarcerated individual-patient has completed his or her term of\nimprisonment or that his or her release from custodial confinement in\nthe correctional facility or jail from which he or she was delivered to\nthe department has been duly authorized.\n  (d) During the period of his or her custody in the department of\nmental hygiene pursuant to this section, an incarcerated\nindividual-patient shall be entitled to the rights to care and treatment\nset forth in section 15.03 of this chapter and to such other rights\ngranted to patients by this chapter, as determined by regulation of the\ncommissioner, which are not inconsistent with his or her status as a\nperson legally subject to confinement in a correctional facility or jail\nor with the mandate of secure custody of such incarcerated\nindividual-patient.\n  (e) When the director of the facility in which the incarcerated\nindividual-patient is in custody finds that the incarcerated\nindividual-patient is no longer mentally ill or no longer requires\nhospitalization for care and treatment, he or she shall so notify the\nincarcerated individual-patient and commissioner of corrections and\ncommunity supervision or, in the case of an incarcerated\nindividual-patient coming from a jail or correctional institution\noperated by local government, the officer in charge of the jail or\ncorrectional institution from which the incarcerated individual-patient\nwas committed. The commissioner of corrections and community supervision\nor such officer, as the case may be, shall immediately arrange to take\nsuch incarcerated individual-patient into custody and return him or her\nto a correctional facility or to the jail or correctional institution\noperated by local government.\n  (f) Upon delivery of the incarcerated individual-patient to the\nrepresentative of the commissioner of corrections and community\nsupervision or of an officer in charge of a jail or correctional\ninstitution operated by local government, the responsibility of the\ndepartment and its facilities for the custody of the incarcerated\nindividual-patient shall terminate. Where the incarcerated individual is\nreturned to a state correctional facility, the department shall continue\nto be responsible for the incarcerated individual-patient's psychiatric\ncare if the incarcerated individual-patient upon his or her return is in\na program established pursuant to section four hundred one of the\ncorrection law.\n  (g) If an incarcerated individual-patient in the custody of the\ndepartment escapes from custody, immediate notice shall be given to the\ncommissioner of corrections and community supervision or, in the case of\nan incarcerated individual-patient coming from a jail or correctional\ninstitution operated by local government, to the officer in charge of\nsuch jail or correctional institution. Notice shall also be given to\nappropriate law enforcement authorities.\n  (h) The cost of care and treatment of an incarcerated\nindividual-patient in a department facility shall be a charge upon the\ndepartment if the incarcerated individual-patient was committed from a\nstate correctional facility or upon the local government from which the\nincarcerated individual-patient was committed.\n  (i) Upon release of an incarcerated individual-patient from a\nfacility, the director shall forward a copy of all health and\npsychiatric records to the commissioner of corrections and community\nsupervision or to the officer in charge of a jail or correctional\ninstitution operated by local government, as the case may be.\n  (j) If the sentence for which an incarcerated individual-patient is\nconfined expires or is vacated or modified by court order, the director\nshall so notify the commissioner of corrections and community\nsupervision or such officer in charge of a jail or correctional\ninstitution operated by local government, as appropriate.\n