2023 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.