2023 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.