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 541.9 - Hospital forensics committee procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hospital forensics committee shall
				meet to evaluate the current mental condition of a defendant and to make
				recommendations to the clinical director at the request of the treatment
				team.
(b) The hospital forensics
				committee shall meet within five calendar days of receipt of a request by the
				defendant's treatment team that an application be made for a transfer order,
				furlough order or release order, or that administrative privileges as described
				in section
				541.5 
				of this Part be granted. The treatment team may make the request on its own
				initiative or at the request of the defendant or the defendant's
				representative. However, the committee may refuse to consider a request made
				within six months of a previous denial of a similar request.
(c) The committee shall notify the defendant,
				the defendant's attorney and the Mental Health Information Service of its
				meeting at least three calendar days in advance of the meeting. The defendant,
				the defendant's attorney and the Mental Health Information Service may attend
				the examination, but do not have the right to participate.
(d) The hospital forensics committee shall
				consider the defendant's records, the recommendations of the treatment team and
				the report of a current psychiatric examination. A psychiatrist or psychologist
				on the committee may examine the defendant or the committee may conduct a joint
				examination.
(e) Within five
				calendar days of the meeting, the committee shall make a written recommendation
				to the clinical director regarding the defendant's current clinical condition
				and whether a specific application would be appropriate in light of the
				criteria described in the following subdivisions. The recommendation need not
				be unanimous. If one member of the committee disagrees, he or she shall so
				notify the clinical director, in writing.
(f) In evaluating the defendant's current
				mental condition, the committee shall consider whether the defendant has a
				dangerous mental disorder, is not dangerous but has a mental illness for which
				inpatient care and treatment is necessary, or is not mentally ill.
(g) In evaluating the merits of any request
				for administrative privileges, the committee shall consider whether such
				privileges would be clinically beneficial to the defendant and whether, in its
				opinion, such privileges could be granted without endangering another person or
				persons within or without the facility or without rendering an escape attempt
				likely.
(h) In evaluating the
				merits of any request that the Director of Forensic Services apply for a
				transfer order, the committee shall consider whether transfer to a nonsecure
				facility is consistent with the public safety and welfare of the community and
				the defendant and is warranted by the defendant's clinical condition. It shall
				also consider whether the defendant's behavior is such that transfer would
				jeopardize the safety of other patients or staff at a nonsecure facility, and
				whether such transfer would render an escape attempt likely.
(i) In evaluating the merits of any request
				that the Director of Forensic Services apply for a furlough order, the
				committee shall consider whether furlough would be clinically beneficial and
				whether the issuance of such order would be consistent with the public safety
				and welfare of the community. The committee shall also consider whether the
				patient would pose an immediate danger to another person or persons if allowed
				outside the facility or would fail to return on time. It shall also recommend
				the duration of the furlough, the period of time for which the furlough order
				should remain outstanding and any conditions or limitations on the exercise of
				furlough privileges.
(j) In
				evaluating the merits of any request that the Director of Forensic Services
				apply for a release order, the committee shall consider whether the defendant
				is mentally ill, in need of care and treatment in a hospital, lacks the
				judgment necessary to understand such need, and would either be unable to live
				outside the hospital with the help of family or friends or would pose a danger
				to himself or others. The committee shall also consider the conditions which
				would be necessary and appropriate if a release order were to be
				issued.
(k) The clinical director
				shall review the committee's written recommendation. If the opinion of the
				committee is not unanimous, or if the clinical director disagrees with it, he
				or she may obtain another psychiatric examination of the defendant. If the
				clinical director determines that an application for a transfer order, a
				retention order (if applied for in conjunction with a transfer order) or a
				release order is appropriate for the defendant, he or she shall submit such
				recommendation to the Director of Forensic Services within 10 days of the
				receipt of the hospital forensic committee's written recommendation. If the
				clinical director determines that a retention order is appropriate for the
				defendant, he or she shall apply for such order in accordance with the
				provisions of section
				541.4 
				of this Part.
(l) The Director of
				Forensic Services shall have responsibility for applying to the court for a
				furlough order, transfer order, retention order which is applied for in
				conjunction with a transfer order, or release order. If the recommendations of
				the committee and the clinical director are not unanimous, or if he or she
				disagrees with them, the Director of Forensic Services may designate another
				psychiatrist or psychologist to examine the defendant.
(m) In the event the defendant's treatment
				team becomes aware of a change in his or her condition that would warrant a
				discontinuation of administrative privileges, withdrawal of an application for
				a furlough order, transfer order or release order, or would make application
				for a revocation of such order appropriate, the treatment team shall so notify
				the clinical director, who shall immediately notify the Director of Forensic
				Services. The physician treating the defendant or the clinical director may
				immediately suspend administrative privileges in the event of an
				emergency.
(n) If the Director of
				Forensic Services decides to grant administrative privileges or to apply for a
				court order, he shall so notify the district attorney, the defendant, counsel
				for the defendant and the Mental Health Information Service; he shall apply to
				the court for a furlough order, transfer order, retention order or release
				order following the procedures described in sections
				541.4
				and
				541.6 
				-541.8 of this Part.
(o) If the
				court authorizes the discharge or release of a defendant confined in a secure
				facility, the Director of Forensic Services shall, at least four days,
				excluding Saturdays, Sundays and holidays, in advance of the discharge or
				release, deliver written notice to all of the following:
(1) the district attorney;
(2) the police department having jurisdiction
				of the area to which the defendant is to be discharged or released;
				and
(3) any other person designated
				by the court.