NY Corr L § 508 (2021)
2021 New York Laws COR - Correction Article 20 - Local Correctional Facilities 508 - Removal of Sick Prisoners From Jail.

§  508.  Removal of sick prisoners from jail.  1. A sheriff, in his or her discretion, may by written  order  permit  incarcerated  individuals confined  in  a local correctional facility to receive medical diagnosis and treatment in outside hospitals, upon  the  determination  that  such outside  treatment  and  diagnosis  is necessary by reason of inadequate facilities within the local correctional facility.    Such  incarcerated individuals  shall  remain  under the jurisdiction and in the custody of said sheriff while in a hospital, other than a secure facility, as  such term  is  defined in paragraph b of subdivision two of this section, and said sheriff shall enforce  proper  measures  in  each  case  to  safely maintain such jurisdiction and custody.   2.  a.  If  a  physician to a jail or in case of a vacancy a physician acting as such and the warden  or  jailer  certify  in  writing  that  a prisoner  confined in a jail, either in a civil cause or upon a criminal charge, is in such a state of mental health that he or she is in need of involuntary care and treatment and in their opinion should be removed to a psychiatric  hospital  for  treatment,  the  warden  or  jailer  shall immediately  notify  the  director who shall have the responsibility for providing  treatment  for  such  prisoner.  If   such   director   after examination  of the prisoner by an examining physician designated by him or her shall determine that such prisoner is in need of involuntary care and  treatment,  the  director  shall  file  an  application   for   the involuntary hospitalization of such prisoner pursuant to article nine of the  mental  hygiene law in a hospital or secure facility, as defined in paragraph b of this subdivision, operated by the office of mental health or in the case of a prisoner confined in a jail  in  a  city  or  county which  maintains or operates a general hospital containing a psychiatric prison ward approved by the office of mental health to such prison  ward for  care  and  treatment  or  to any other psychiatric hospital if such prison ward is filled to capacity. Such application shall  be  supported by the certificate of two physicians in accordance with the requirements of  section  9.27  of the mental hygiene law and thereupon such prisoner shall be admitted forthwith to the hospital or secure facility in  which such  application is filed, and the procedures of the mental hygiene law governing the hospitalization of such prisoner.  The  jailer  or  warden having  custody  of  the  prisoner  shall  deliver  the  prisoner to the hospital or secure facility  with  which  the  director  has  filed  the application.  If  such jailer or warden shall certify that such prisoner has a mental illness which is  likely  to  result  in  serious  harm  to himself,  herself or others and for which care in a psychiatric hospital is appropriate such jailer or warden shall effect the admission of  such prisoner  to  a hospital or secure facility forthwith in accordance with the provisions of section 9.37 or 9.39 of the mental hygiene law and the hospital shall admit such prisoner.  Upon  admission  of  the  prisoner, pursuant  to  section 9.37 or 9.39 of the mental hygiene law, the jailer or warden shall notify the director, the prisoner's attorney, and his or her family, where information about the family is available.  While  the prisoner  is  in  the  hospital, other than a secure facility, he or she shall remain in the custody under sufficient  guard  of  the  jailer  or warden  in  charge  of  the  jail  from  which  he or she came. When the prisoner is in a secure facility, the  jailer  or  warden  may  transfer custody  of  the  incarcerated  individual to the commissioner of mental health, pursuant to an agreement between such jailer or warden and  such commissioner.  A prisoner admitted to a psychiatric hospital pursuant to section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained  at the hospital or secure facility pursuant to the provisions of the mental hygiene  law  until  he  or  she has improved sufficiently in his or her mental illness so that hospitalization is no longer necessary  or  until  ordered  by  the  court to be returned to the jail whichever comes first and in either event, the prisoner shall thereupon be returned  to  jail. The  cost of the care and treatment of such prisoners in the hospital or secure  facility  shall be defrayed in accordance with the provisions of the mental hygiene law in such cases provided.   From the time of admission of a prisoner  to  a  hospital  under  this section  the  retention of such prisoner for care and treatment shall be subject to the provisions  for  notice,  hearing,  review  and  judicial approval  of  continued  retention  or  transfer and continued retention provided by article nine of the mental hygiene law for the admission and retention of involuntary patients.   b. As used in  this  section,  the  following  terms  shall  have  the following meanings:  (i)  "Director" means (a) the director of a state hospital operated by the department of mental hygiene, or (b)  the  director  of  a  hospital operated by any local government of the state that has been certified by the  commissioner  of  mental  hygiene  as having adequate facilities to treat a person with a mental illness or (c) the  director  of  community mental  health  services  or  the designees of any of the foregoing. The appropriate director to whom a jailer or warden shall certify  the  need for involuntary care and treatment and who shall have the responsibility for such care and treatment shall be determined in accordance with rules jointly  adopted  by  the  judicial  conference  and the commissioner of mental hygiene.  (ii) "Mental illness" shall mean an affliction with a  mental  disease or  mental  condition which is manifested by a disorder or a disturbance in behavior, feeling, thinking, or judgement to such an extent that  the person afflicted requires care and treatment.  (iii)  "In  need  of involuntary care and treatment" shall mean that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgement  is so  impaired  that he is unable to understand the need for such care and treatment.  (iv) "Likelihood to result in serious harm" shall mean (1) substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that he is dangerous to himself or (2) a substantial risk of  physical  harm  to other  persons  as  manifested by homicidal or other violent behavior by which others are placed in reasonable fear or serious physical harm.  (v) "Secure facility" shall mean a facility operated  or  licensed  by the office of mental health that has been approved and designated by the commissioner  of  mental health to receive and retain prisoners pursuant to this section, based upon a determination by  such  commissioner  that the  physical  and  internal  security of the facility are sufficient to protect the safety and security of  staff  and  persons  served  by  the facility.   c.  If  at  any  time the hospital in which a prisoner is hospitalized pursuant to this subdivision determines that the prisoner is not in such state of mental health to be in need of involuntary care  and  treatment the prisoner shall be returned to the jail forthwith.   d.  If  at  any time the director of a hospital in which a prisoner is hospitalized pursuant to this subdivision has reason to believe that the prisoner may be an incapacitated defendant as defined in  article  seven hundred  thirty  of  the  criminal  procedure law he shall so notify the court in which the criminal charges are pending  and  such  court  shall thereupon  issue  an  examination  order  pursuant  to the provisions of article seven hundred thirty of the criminal procedure law.    e. Nothing in this  subdivision  shall  prevent  the  release  of  the prisoner  from  custody  where  appropriate  by  recognizance,  bail, or otherwise as the court may direct.