2023 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.