NY Ment Hygiene L § 29.27 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 29 - General Provisions Relating to In-Patient Facilities 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.