reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office
				of Mental Health has a multifaceted responsibility in caring for patients
				committed to its custody by a criminal court after having been found to have a
				mental disease or defect which renders them incapable of understanding the
				criminal proceedings against them or assisting in their own defense. It must
				maintain custody of patients against whom criminal charges are pending; it must
				respect society's expectation that patients for whom criminal charges have been
				dismissed but who have demonstrated their propensity for violence will not be
				inappropriately released; it must respect the civil rights of patients who are
				not subject to criminal charges; and it must help patients make the therapeutic
				progress that will make continued hospitalization unnecessary and enable them
				to either face their accusers or be released.
(b) While criminal defendants are committed
				to the custody of the commissioner under court orders which vary in the degree
				to which they subject the patient to the continuing jurisdiction of the
				criminal court, many such patients have one thing in common. They have been
				accused of an act of violence. Research studies have demonstrated that one
				reliable indicator of future violent criminal behavior is past acts of criminal
				violence. A history of treatment for mental illness, in and of itself, has not
				been demonstrated to be related to violent behavior.
(c) While the office does not intend to hold
				patients accountable for crimes of which they have not been convicted, it
				believes that commitment to the custody of the commissioner pursuant to a
				criminal court order after having been accused of an act of violence is
				sufficient indication of a violent propensity to justify the precaution of
				confirming the clinical judgment of the patient's treatment team prior to
				releasing the patient or granting him furloughs. The office is therefore
				establishing regulations which require each of its facilities to establish a
				mechanism to ensure clinical review of criminal order patients to determine
				whether or not release, change of status or granting of a furlough is
				appropriate, thereby assuring that violent patients will not be inappropriately
				freed from custody.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.3 - Hospital forensic committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each office facility shall establish a hospital forensic committee consisting
				of three persons appointed by the clinical director.
(b) Each member of the committee shall be a
				clinician licensed in New York State to practice medicine, psychology or social
				work.
(c) At least one member of
				the committee shall be a board-certified psychiatrist.
(d) The committee shall review applications
				for authorization of the granting of escorted or unescorted furlough to
				patients, transfer of patients, conversion of patients to civil status, and
				discharge or conditional release of patients, or return of patients to the
				custody of the criminal court, in accordance with the procedures described in
				section
				540.9(h) 
				of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.4 - Escorted furlough

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Escorted
				furlough may not be granted to a person who is subject to a temporary order of
				observation or an order of commitment.
(b) Escorted furlough may be granted by the
				clinical director to a patient who is currently subject to an order of
				retention, after consultation with the hospital forensic committee as required
				by section
				540.9 
				of this Part, and notice in compliance with the procedures described in section
				540.10  of
				this Part.
(c) Escorted furlough
				may be granted by the clinical director to a patient retained as a civil
				patient after the expiration of an order issued under article 730 of the
				Criminal Procedure Law, after consultation with the hospital forensic committee
				as required in section
				540.9 
				of this Part and compliance with the notice requirements described in section
				540.10  of
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.5 - Unescorted furlough

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unescorted
				furlough may not be granted to any patient who is currently subject to a
				temporary order of observation, an order of commitment or an order of
				retention.
(b) Unescorted furlough
				may be granted by the clinical director to a patient retained as a civil
				patient after the expiration of an order issued under article 730 of the
				Criminal Procedure Law, after consultation with the hospital forensic committee
				as required in section
				540.9 
				of this Part and compliance with the notice requirements described in section
				540.10  of
				this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.6 - Placement or transfer of patients

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Orders remanding persons to the custody of the Commissioner.
(1) Designation of a secure facility. In
				cases where a person is to be remanded to the commissioner pursuant to a final
				order of observation, as defined in section
				540.2(i) 
				of this Part, the commissioner may designate a secure facility to receive such
				person in cases where the person has:
(i) open
				felony charges or warrants or a pending parole revocation hearing; or
(ii) a history of arrests for violent crimes
				or threats to commit violent crimes against persons or a history that includes
				escape or attempted escape from a psychiatric facility, and, based upon a
				review of available information, the commissioner believes such person would
				likely meet the secure retention standards in paragraph (4) of this
				subdivision.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.7 - Conversion to civil status

Current through Register Vol. 46, No. 28, July 10, 2024
A patient detained pursuant to an expired temporary order of
				  observation, order of commitment or order of retention may be converted to
				  civil status by the clinical director after consultation with the hospital
				  forensic committee as required in section
				  540.9 
				  of this Part and compliance with the notice requirements and procedures
				  described in section
				  540.10  of
				  this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.8 - Discharge or conditional release; fitness to stand trial and return of patients to the custody of the criminal court

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No patient who
				is in the custody of the commissioner pursuant to a temporary order of
				observation, an order of commitment or an order of retention shall be
				discharged or conditionally released without court authorization.
(b) The clinical director may apply to the
				court for the return of a patient who is in the custody of the commissioner
				pursuant to a temporary order of observation, an order of commitment or an
				order of retention to the custody of the criminal court upon a finding that he
				is not an incapacitated person after consultation with the hospital forensic
				committee in accordance with the procedures described in section
				540.9 
				of this Part, or after review and consideration of the report and
				recommendations of a psychiatric examiner designated in accordance with the
				procedures described in subdivision (c) of this section.
(c) The clinical director shall have
				responsibility for deciding whether the patient remains an incapacitated person
				or is fit to stand trial.
(1) In exercising
				this responsibility, the clinical director may designate a psychiatric examiner
				who is employed at the facility to examine the patient. The psychiatric
				examiner so designated shall prepare a report in which he or she makes a
				recommendation to the clinical director.
(2) The clinical director shall review and
				consider the recommendations of the designated psychiatric examiner in making a
				determination of whether the patient remains an incapacitated person or is fit
				to stand trial. The clinical director is not required to follow such
				recommendations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.10 - Notice requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				clinical director decides to grant an application to convert a patient to civil
				status, to grant a patient escorted or unescorted privileges, transfer a
				patient to a less secure facility, or to discharge or conditionally release a
				patient, he or she shall, at least four days, excluding Saturdays, Sundays and
				holidays, in advance of such action, deliver written notice to all of the
				following:
(1) the district attorney of the
				county from which the patient was committed;
(2) the superintendent of State Police (for
				locations other than New York City);
(3) the sheriff of the county where the
				facility is located (for locations other than New York City);
(4) the police department having jurisdiction
				of the area in which the facility is located;
(5) any person who may reasonably be expected
				to be assaulted or otherwise harmed by the patient (if this notice appears
				necessary, a mentally ill patient should not be released or given escorted or
				unescorted privileges);
(6) the
				patient's attorney, if any;
(7) the
				patient's nearest relative; and
(8)
				any person or entity the court that committed the patient to the custody of the
				commissioner may have designated in the order issued under article 730 of the
				Criminal Procedure Law. Written notice may be given by mail, in which case an
				additional three days, for a total of seven days notice, shall be given to
				allow time for delivery. Alternatively, notice may be given by telegram or
				mailgram, in which case an additional day, for a total of five days notice,
				shall be given to allow time for delivery.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730 › Section 540.11 - Escape

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event a
				patient leaves the grounds of the facility without prior authorization, the
				clinical director, the unit chief, the patient's physician, the patient's
				treatment team leader or any other member of the clinical staff shall
				immediately notify:
(1) the district attorney
				of the county from which the patient was committed;
(2) the superintendent of State Police (for
				locations other than New York City);
(3) the sheriff of the county where the
				facility is located (for locations other than New York City);
(4) the police department having jurisdiction
				of the area in which the facility is located, of the area in which the patient
				last resided, of the area in which any person who might be harmed resides; and
				any other law enforcement agency the clinical staff deems appropriate,
				including the law enforcement agency having jurisdiction of the patient's
				likely destination, if known;
(5)
				any person who may reasonably be expected to be assaulted or otherwise harmed
				by the patient;
(6) the patient's
				immediate family and any contact person identified in the patient's case
				record;
(7) the patient's attorney,
				if any;
(8) any person or entity
				the court that committed the patient to the custody of the commissioner may
				have designated in the order issued under article 730 of the Criminal Procedure
				Law;
(9) the Director of Forensic
				Services of the New York State Office of Mental Health; and
(10) the Mental Hygiene Legal Service.
Each notice shall be given by telephone or by any other means
				  reasonably calculated to give prompt actual notice. The police having
				  jurisdiction over the area in which a person who might be harmed resides shall
				  be notified if that person is not contacted by telephone. The facility shall
				  keep a record of all notices given pursuant to this section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.0 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part contains regulations governing procedures to be
				  followed when a defendant is found not criminally responsible because of mental
				  disease or defect.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.3 - Hospital forensics committee

Current through Register Vol. 46, No. 28, July 10, 2024
Each office facility shall establish one or more hospital
				  forensics committees. Each committee shall consist of three persons appointed
				  by the clinical director. Each member shall be a clinician licensed in New York
				  State to practice medicine, psychology or social work. At least one member of
				  the committee shall be a board-certified psychiatrist. At the request of the
				  treatment team prior to the expiration of an order of commitment, recommitment
				  or retention, the committee shall interview the defendant, review all clinical
				  records and submit findings and recommendations to the clinical director, in
				  accordance with the procedures described in section
				  541.9 
				  of this Part.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.5 - Administrative privileges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Administrative privileges allowing a defendant to leave the buildings to which
				he or she is restricted but not the facility, while under the constant
				supervision of one or more facility employees, may be granted by the clinical
				director, after consultation with the hospital forensics committee as required
				by section
				541.9 
				of this Part.
(b) Unescorted
				administrative privileges allowing a defendant to leave the buildings to which
				he or she is restricted but not the facility without the constant supervision
				of one or more facility employees, may be granted by the clinical director
				after consultation with the hospital forensics committee.
(c) Administrative privileges authorizing a
				defendant to leave the confines of the facility for the purpose of receiving
				medical care, appearing in court or attending the funeral of an immediate
				family member, while under the constant supervision of one or more employees of
				the facility, may be granted by the Director of Forensic Services upon the
				recommendation of the clinical director. Such authorization may be obtained by
				telephone and does not require prior discussion by the hospital forensics
				committee.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.6 - Furlough order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A furlough
				order must be obtained before a defendant in the custody of the commissioner
				pursuant to a commitment order, recommitment order or retention order may leave
				the facility for any period of time up to 14 days, with or without the constant
				supervision of one or more facility employees. Temporary absence from the
				facility for medical treatment, court appearance or to attend the funeral of an
				immediate family member does not require a furlough order.
(b) The Director of Forensic Services may
				apply to the court which issued the commitment or recommitment order, or a
				superior court in the county in which the facility is located, for a furlough
				order upon the recommendation of the clinical director after consultation with
				the hospital forensics committee.
(c) The application shall be made on forms
				jointly approved by the commissioner and the Office of Court Administration and
				shall be accompanied by a current psychiatric report. The commissioner shall
				give written notice of the application to the district attorney, the defendant,
				the counsel for the defendant and the Mental Health Information
				Service.
(d) The Director of
				Forensics Services shall apply for a furlough order only if the current
				psychiatric reports support the view that issuance of the order is warranted by
				the clinical condition of the defendant and would be consistent with the public
				safety and welfare of the community and defendant. The treatment team leader or
				a psychiatrist or psychologist familiar with the defendant's current mental
				condition and case history shall be prepared to testify in support of the
				application for a furlough order. The Director of Forensic Services shall make
				recommendations of terms and conditions to the court.
(e) Upon issuance of the furlough order, the
				clinical director shall extend to the defendant the privileges authorized by
				such order, but only to the extent and for the duration so authorized. If a
				change in the defendant's condition warrants suspension of the privileges
				authorized by the furlough order, the clinical director shall so inform the
				Director of Forensic Services and may, in the event of an emergency,
				immediately suspend the privileges.
(f) If the defendant fails to return to the
				facility at the time specified in the furlough order, he shall be deemed to
				have escaped and the procedures described in section
				541.12  of this
				Part shall be followed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.7 - Order of transfer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A defendant
				in a secure facility, pursuant to a retention order or a recommitment order,
				may not be transferred to a nonsecure facility unless the court that issued the
				commitment order or recommitment order, or a superior court in the county in
				which the secure facility is located, issues a transfer order.
(b) The Director of Forensic Services may
				apply for a transfer order upon the recommendation of the clinical director,
				after consultation with the hospital forensics committee, in accordance with
				the procedures described in section
				541.9 
				of this Part. The application shall be made on forms jointly adopted by the
				commissioner and the Office of Court Administration and shall be accompanied by
				a current psychiatric report. The Director of Forensic Services shall give
				written notice of the application to the district attorney, the defendant, the
				counsel for the defendant and the Mental Health Information Service.
(c) The application and psychiatric report
				shall contain facts and opinions to substantiate the view that the defendant
				does not have a dangerous mental disorder or that, consistent with the public
				safety and welfare of the community and the defendant, the clinical condition
				of the defendant warrants transfer from a secure facility to a nonsecure
				facility.
(d) The application shall
				contain the name and address of the nonsecure facility under the jurisdiction
				of the commissioner to which the defendant would be transferred, and shall
				include recommendations of conditions which would be necessary and
				appropriate.
(e) The treatment team
				leader or a psychiatrist or psychologist familiar with the defendant's current
				mental condition and case history shall be prepared to testify in support of
				the application for a transfer order.
(f) If the court issues a transfer order, the
				Director of Forensic Services shall transfer the defendant to the nonsecure
				facility designated on the application, or to a nonsecure facility designated
				in the transfer order, if different. The defendant's clinical records and
				copies of all court orders shall be transferred with him. The conditions
				contained in the order of conditions issued in conjunction with the transfer
				order shall be observed.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.10 - Discharge order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A defendant
				originally committed to the custody of the commissioner pursuant to the
				provisions of section 330.20  of the Criminal Procedure Law, or
				former section 330.20 of such law or former section 454 of the Code of Criminal
				Procedure, may not be discharged except pursuant to a court order.
(b) The Director of Forensic Services may
				apply for a discharge order when a defendant has been continuously on an
				outpatient status for three years or more pursuant to a release order. The
				Director of Forensic Services must be of the view that the defendant does not
				have a dangerous mental disorder, is no longer mentally ill, and that issuance
				of a discharge order would be consistent with the public safety and welfare of
				the community and the defendant.
(c) The Director of Forensic Services shall
				apply for a discharge order to the court which issued the release order or to a
				superior court in the county in which the defendant is residing. The
				application shall be on forms jointly approved by the commissioner and the
				Office of Court Administration and shall be accompanied by a current
				psychiatric report. The psychiatric examiner shall be prepared to testify in
				support of the application. The district attorney, the defendant, counsel for
				the defendant and the Mental Health Information Services shall be given at
				least 10 days' written notice of the application.
(d) The issuance of a discharge order results
				in the termination of the order of conditions and the commissioner's
				responsibility for the defendant. When a defendant has been discharged pursuant
				to subdivision 13 of Criminal Procedure Law, section
				330.20, neither the commissioner nor the
				district attorney may thereafter apply for a recommitment order.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.11 - Recommitment order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) During the
				period covered by an order of conditions, including periods when the defendant
				is subject to a retention order or a release order and prior to the issuance of
				a discharge order, the Director of Forensic Services or the district attorney
				may apply for a recommitment order if either is of the view that the defendant
				has a dangerous mental disorder.
(b) The application shall be made to the
				court that issued the order of conditions or to a superior court in the county
				in which the defendant is residing, on forms jointly approved by the
				commissioner and the Office of Court Administration.
(c) The applicant shall give written notice
				of the application to the defendant, counsel for the defendant, the Mental
				Health Information Service and the district attorney if the applicant is the
				commissioner. If the applicant is the district attorney, he shall notify the
				Director of Forensic Services.
(d)
				The application shall contain a description of the facts and circumstances
				which indicate that the defendant has a dangerous mental disorder. The Director
				of Forensic Services shall designate one or more persons familiar with the
				defendant's current mental status to testify at the hearing.
(e) The court shall order the defendant to
				appear before it for a hearing to determine whether he or she has a dangerous
				mental disorder. If the defendant fails to appear in court as directed, the
				court may issue a warrant to an appropriate peace officer directing him to take
				the defendant into custody and bring him before the court.
(f) If the court issues a recommitment order
				following a hearing in which it has determined that the defendant has a
				dangerous mental disorder, the Director of Forensic Services shall not
				transfer, furlough, release or discharge the defendant except pursuant to court
				order. When a defendant is in the custody of the Director of Forensic Services
				pursuant to a recommitment order, the procedures governing retention orders
				described in section
				541.4 
				of this Part apply.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.12 - Escape

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event a
				defendant leaves the grounds of the facility without prior authorization or
				fails to return on time from a furlough, the clinical director, the unit chief,
				the defendant's physician, the defendant's treatment team leader or any other
				member of the facility staff shall immediately notify:
(1) the district attorney of the county from
				which the defendant was committed;
(2) the Superintendent of State
				Police;
(3) the sheriff of the
				county where the facility is located;
(4) the court which issued the order under
				which the defendant is currently being held;
(5) the police department having jurisdiction
				of the area where the facility is located, of the area in which the defendant
				last resided, of the area in which any person who might be harmed resides; and
				any other law enforcement agency the clinical staff deem appropriate;
(6) any person who may reasonably be expected
				to be assaulted or otherwise harmed by the patient;
(7) the patient's immediate family;
(8) the patient's attorney, if any;
				and
(9) any person or entity the
				court that committed the defendant to the custody of the commissioner may have
				designated in the order issued under Criminal Procedure Law, section
				330.20.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.13 - Rights of defendants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				defendant committed to the custody of the commissioner pursuant to the
				provisions of section 330.20  of the Criminal Procedure Law has
				the rights granted to patients under the Mental Hygiene Law, subject to the
				limitations and provisions of section 330.20  of the Criminal Procedure Law and
				this Part.
(b) A defendant
				dissatisfied with a commitment order, a retention order or a recommitment order
				may, within 30 days of the order, petition a Supreme Court justice, other than
				the one making the order, for a rehearing and review. Such review shall be in
				accordance with the the procedures described in section 9.35  of the Mental Hygiene Law. Unless the
				defendant consents to trial of the facts by the court, a jury shall be summoned
				to determine whether retention order, commitment order or recommitment order is
				appropriate.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20 › Section 541.14 - Patients committed prior to september 1, 1980

Current through Register Vol. 46, No. 28, July 10, 2024
Each facility shall, prior to September 1, 1981, apply for
				  either a release order or a retention order, whichever is appropriate, for each
				  patient committed to the custody of the commissioner prior to September 1, 1980
				  after having been found not guilty by reason of mental disease or defect. The
				  procedures for review of applications for release orders or retention orders
				  described in this Part shall be followed prior to such
				  applications.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Office
				of Mental Health is responsible for developing standards which provide an
				adequate level of safety for patients and residents receiving services in
				facilities operated or licensed by the Office of Mental Health.
(b) This regulation sets forth the general
				rule prohibiting possession of firearms at State psychiatric facilities and
				facilities licensed by the Office of Mental Health.
(c) This regulation also sets forth the
				limited circumstances under which an exception to this general rule may be
				granted and the safety standards to which an individual who has been granted
				such an exception must adhere.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				Commissioner of Mental Health the power and responsibility to adopt regulations
				that are necessary and proper to implement matters under his or her
				jurisdiction.
(b) Section 7.11 (a)  of the Mental
				Hygiene Law gives the commissioner the professional jurisdiction, supervision
				and control of the office and all department facilities for the mentally
				ill.
(c) Section 31.03 (h)  of the Mental
				Hygiene Law authorizes the commissioner to promulgate regulations to more
				effectively assure that the life, health, safety and comfort of persons cared
				for in family care homes will be adequately protected and promoted, and that
				such persons will receive the kind and quality of care, supervision and
				attention required by reason of their condition.
(d) Section 31.04  of the Mental Hygiene Law authorizes
				the commissioner to adopt regulations which set standards of qualify and
				adequacy of facilities, equipment, personnel, services, records and the
				condition of services for the mentally disabled rendered pursuant to an
				operating certificate.
(e) Section 31.07  of the Mental Hygiene Law authorizes
				the commissioner to conduct investigations into the operations of providers of
				service which are required by article 31 to have operating certificates and to
				make inspections of facilities to determine whether providers are complying
				with applicable laws, rules and regulations.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This regulation applies to all facilities operated or
				  licensed by the Office of Mental Health and to all individuals authorized
				  pursuant to this Part to possess firearms and ammunition at such a
				  facility.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Facility means
				any place in which services for the mentally ill are provided, including but
				not limited to a psychiatric center, institute, clinic, ward, family care home,
				community residence, residential treatment facility, residential care center
				for adults and hospital, except in the case of a hospital as defined in article
				28 of the Public Health Law, it shall mean only a ward, wing, unit, or part
				thereof which is operated for the purpose of providing services for the
				mentally ill.
(b) Law enforcement
				agency means the State Police, the local police department or the sheriff's
				department.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.5 - Prohibition of firearms and granting of exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall bring into or possess a
				firearm at any facility operated or licensed by the Office of Mental Health
				except as provided in this section.
(b) Family care providers, employees living
				on the grounds of a State-operated psychiatric facility and members of law
				enforcement or governmental agencies or correction officers who are employed by
				the Department of Correctional Services and who are on the grounds of a
				facility in their official capacity shall be the only individuals eligible to
				apply for an exception to the prohibition against firearms.
(1) The commissioner or his or her designee
				may make a determination to grant an exception to a family care provider or
				other individual living in the home to possess a shotgun, rifle and/or
				ammunition on the grounds of the family care home for the purpose of hunting,
				target shooting or gun collecting. A family care provider or other individual
				living in the home may apply for permission to possess a handgun on the grounds
				of the family care home only in circumstances where the individual is required
				to possess a handgun by virtue of his or her status as a member of a law
				enforcement or governmental agency or where such handgun is part of a
				collection, provided that the firing mechanism has been removed. Applications
				to possess firearms shall be made in the manner described in section
				542.6 
				of this Part.
(2) The facility
				director may make a determination to grant an exception to an employee living
				on the grounds of a State-operated psychiatric facility to possess a shotgun,
				rifle and/or ammunition on the grounds of the facility for the purpose of
				hunting, target shooting or gun collecting. An employee or other individual
				living on the grounds may apply for permission to possess a handgun on the
				grounds of a facility only in circumstances where the individual is required to
				possess a handgun by virtue of his or her status as a member of a law
				enforcement or governmental agency or where such handgun is part of a
				collection, provided that the firing mechanism has been removed. Applications
				to possess firearms shall be made in the manner described in section
				542.6 
				of this Part.
(3) The facility
				director or commissioner or his or her designee may make a determination to
				grant an exception to a member of a law enforcement or governmental agency or
				correction officer employed by the Department of Correctional Services who is
				on the grounds of a State-operated psychiatric facility while in the
				performance of official duties. The facility director or commissioner or his or
				her designee shall determine the manner for granting an exception consistent
				with Office of Mental Health policy.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.6 - Application for exception

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Individuals seeking an exception to the prohibition against firearms described
				in section
				542.5 
				of this Part shall apply in writing to the commissioner or his or her designee
				or facility director. Applications shall be made on such forms as determined by
				the commissioner. Information required shall include, but not be limited to,
				the following:
(1) names(s) of individual(s)
				possessing the firearm(s);
(2)
				certification that the firearm(s) will only be used for the purposes authorized
				by section
				542.5 
				of this Part;
(3) identification of
				all firearms, including permit and/or registration numbers; and
(4) identification and exact location of
				proposed storage arrangements, including all safety mechanisms.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 542 - Firearms › Section 542.7 - Safety standards for securing firearms and ammunition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individuals who are authorized by the
				commissioner or his or her designee or facility director to possess firearms on
				the grounds of a facility shall meet all safety standards described in this
				section.
(1) All firearms and ammunition
				possessed by employees living on the grounds of a State-operated facility shall
				be stored only in the employee's room or home.
(2) All firearms and ammunition possessed in
				family care homes shall be stored in a section of the home which is not
				ordinarily accessible to residents.
(3) All firearms and ammunition in family
				care homes shall be stored in separate double-locked cabinets which are in
				separate locations. Under no circumstances shall firearms and ammunition be
				stored in the same cabinet.
(4)
				Keys to storage cabinets in family care homes shall not be accessible to
				residents.
(5) All firearms which
				are part of a gun collection shall be rendered inoperable by removal of the
				firing mechanism.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 543 - Certificate Of Relief From Disabilities Related To Firearms Possession › Section 543.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09 (b)  of the Mental
				Hygiene Law grants the commissioner of the Office of Mental Health the power
				and responsibility to adopt regulations that are necessary and proper to
				implement matters under his or her jurisdiction.
(b) Section 7.09 (j)  of the Mental
				Hygiene Law gives the Commissioner of Mental Health the power and
				responsibility to establish within the Office of Mental Health an
				administrative process to permit a person who has been or may be disqualified
				pursuant to an adjudication under New York State law from possessing a firearm
				to petition for relief from that disability, and to promulgate regulations for
				this purpose.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 543 - Certificate Of Relief From Disabilities Related To Firearms Possession › Section 543.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to any person who has been or may be
				  disqualified from possessing a firearm pursuant to
				  18
				  U.S.C. section 922(d)(4) and
				  (g)(4), due to being committed to a mental
				  institution or adjudicated as having a mental disability, as such terms are
				  defined in this Part and whose records were submitted to the NICS system by the
				  Office of Mental Health in accordance with section 7.09  of the Mental Hygiene
				  Law.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 543 - Certificate Of Relief From Disabilities Related To Firearms Possession › Section 543.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of only this Part:
(a) Adjudicated as having a mental disability
				or adjudication as having a mental disability means, and shall have the same
				meaning as the term adjudicated as a mental defective is defined in Federal
				regulations at
				27 C.F.R.
				478.11, a determination by a court, board,
				commission, or other lawful authority that a person, as a result of marked
				subnormal intelligence, or mental illness, incompetency, condition, or disease
				is a danger to himself or to others or lacks the mental capacity to contract or
				manage his own affairs. Such term includes a finding of insanity by a court in
				a criminal case; and those persons found incompetent to stand trial or found
				not guilty by reason of lack of mental responsibility pursuant to articles 50a
				and 72b of the Uniform Code of Military Justice,
				10 U.S.C.
				850 a, 876b.
(b) Committed to a mental institution means,
				as such term is defined in Federal regulations at
				27 C.F.R.
				478.11, a formal commitment of a person to a
				mental institution by a court, board, commission, or other lawful authority.
				Such term includes a commitment to a mental institution involuntarily;
				commitment for mental defectiveness or mental illness; and commitments for
				other reasons, such as for drug use, provided, however, that such term does not
				include a person in a mental institution for observation or a voluntary
				admission to a mental institution. For purposes of this Part, committed to a
				mental institution shall include persons who have been involuntarily committed
				or confined pursuant to article 9 or 10 of the Mental Hygiene Law, article 730
				or section 330.20  of the Criminal Procedure Law,
				section 402 or 508  of the Correction Law, or section 322.2 or 353.4  of the
				Family Court Act.
(c) Mental
				institution means and includes hospitals, as defined in section 1.03  of the Mental Hygiene Law, that are
				licensed or operated by the Office of Mental Health and secure treatment
				facilities operated by such office.
(d) Qualified psychiatrist means, as that
				term is defined in section 9.01  of the Mental Hygiene Law, a physician
				licensed to practice medicine in New York State who:
(1) is a diplomate of the American Board of
				Psychiatry and Neurology or is eligible to be certified by that board;
				or
(2) is certified by the American
				Osteopathic Board of Neurology and Psychiatry or is eligible to be certified by
				that board.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 543 - Certificate Of Relief From Disabilities Related To Firearms Possession › Section 543.6 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
The Office of Mental Health, on being made aware that the
				  basis under which a record was made available by the office to the National
				  Instant Criminal Background Check System does not apply or no longer applies,
				  shall, as soon as practicable:
(a)
				update, correct, modify or remove the record from any database that the Federal
				or State government maintains and makes available to the National Instant
				Criminal Background Check System, consistent with the rules pertaining to that
				database; and
(b) notify the United
				States Attorney General that such basis no longer applies so that the record
				system in which the record is maintained is kept up to date.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 31.35  of the Mental Hygiene Law imposes
				the requirement of criminal history record checks on each prospective operator,
				employee, or volunteer of certain mental health treatment providers who will
				have regular and substantial unsupervised or unrestricted physical contact with
				the clients of such providers.
(b)
				This legislation was intended to enable providers of services to persons with
				mental illness to secure appropriate and properly trained individuals to staff
				their facilities and programs, by verifying criminal history information
				received from individuals seeking employment or volunteering their
				services.
(c) Pursuant to Chapter
				501 of the Laws of 2012, Section 553  of the Executive Law was subsequently
				enacted to give the Justice Center for the Protection of People with Special
				Needs the authority to review and evaluate the criminal history information for
				any person applying to be an employee, volunteer, or consultant for whom a
				criminal background check is required by law as a condition of employment at
				any facilities or provider agencies licensed, operated, or certified by the
				Office of Mental Health (excluding Mental Hygiene Law Article 10 secure
				treatment units and programs operated in facilities under the jurisdiction of
				the Department of Corrections and Community Supervision). A technical
				correction to Chapter 501 was made via Chapter 83 of the Laws of 2013, to
				change the reference to the Office of Mental Health to the Justice Center in
				Mental Hygiene Law Section 31.35.
(d) The purpose of this Part is to establish
				standards and procedures for criminal history record checks that must be
				followed by mental health treatment providers that are subject to the
				provisions of Mental Hygiene Law Section 31.35.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to every provider of mental health services which is licensed by,
				contracts with, or is otherwise approved by the Office of Mental Health to
				provide services, except:
(1) a facility or
				program that is directly operated by the Office of Mental Health;
(2) a hospital, as defined in section 2801 of
				the New York State Public Health Law, that is licensed by the Department of
				Health; or
(3) a professional
				licensed pursuant to title 8 of the New York State Education Law, who does not
				have employees or volunteers who will have regular and substantial unsupervised
				or unrestricted contact with the clients of such provider.