NY Corr L § 404 (2021)
2021 New York Laws COR - Correction Article 16 - Provisions Relating to Mentally Ill Incarcerated Individuals 404 - Disposition of Mentally Ill Incarcerated Individuals Upon Release to Parole, Conditional Release, or Expiration of Sentence.

§  404.  Disposition  of  mentally  ill  incarcerated individuals upon   release to parole, conditional release, or expiration  of  sentence.  1.   Whenever  an  incarcerated  individual  committed  to  a hospital in the   department of mental hygiene or whenever an incarcerated  individual  is   examined  in  anticipation of his or her conditional release, release to   parole  supervision,  or  when  his  or  her  sentence  to  a  term   of   imprisonment  expires and such incarcerated individual shall continue to   be mentally ill and in need of care and treatment at the time of his  or   her  conditional  release, release to parole supervision, or when his or   her sentence to a term of imprisonment  expires,  the  director  of  the   hospital  or the superintendent of a correctional facility may apply for   the person's admission to a hospital for the care and treatment  of  the   mentally  ill  in  the  department of mental hygiene pursuant to article   nine of the mental hygiene law, or alternatively, the  commissioner  may   apply for the person's admission to a secure treatment facility pursuant   to article ten of the mental hygiene law.2.  The  director  may  discharge  any  incarcerated individual at the   expiration of the term for which he or she was sentenced  who  is  still   mentally  ill,  but  who,  in the opinion of the director, is reasonably   safe to be at large. Such discharged incarcerated  individual  shall  be   entitled  to  suitable clothing adapted to the season in which he or she   is discharged, and if it cannot  be  otherwise  obtained,  the  business   officer,  or  other  officer having like duties shall, upon the order of   the director, or of the commissioner of mental hygiene, as the case  may   be,  furnish  the  same,  and  money  in  an  amount to be fixed by such   commissioner with the approval of the director of the budget, to  defray   his  or  her  expenses until he or she can reach his or her relatives or   friends, or find employment to earn a subsistence.3. Within a reasonable period prior to discharge  of  an  incarcerated   individual  committed from a state correctional facility from a hospital   in the department of mental hygiene to the community, the director shall   ensure that a  clinical  assessment  has  been  completed  to  determine   whether  the  incarcerated  individual  meets  the criteria for assisted   outpatient treatment pursuant to subdivision (c) of section 9.60 of  the   mental  hygiene  law.  If,  as a result of such assessment, the director   determines that the incarcerated individual meets such  criteria,  prior   to  discharge  the  director of the hospital shall either petition for a   court order pursuant to section 9.60  of  the  mental  hygiene  law,  or   report  in  writing  to  the director of community services of the local   governmental unit in which the incarcerated individual  is  expected  to   reside  so  that  an  investigation may be conducted pursuant to section   9.47 of the mental hygiene law.4. Every  incarcerated  individual  who  has  received  mental  health   treatment  pursuant  to  this  article  within three years of his or her   anticipated release date from a state  correctional  facility  shall  be   provided  with  mental health discharge planning and, when necessary, an   appointment with a mental health professional in the community  who  can   prescribe  medications  following discharge and sufficient mental health   medications and prescriptions to bridge the period between discharge and   such time as such mental health professional  may  assume  care  of  the   patient.   Incarcerated  individuals  who  have  refused  mental  health   treatment may also be provided mental health discharge planning and  any   necessary appointment with a mental health professional.