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 541.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Administrative
				privileges means any occasion on which the defendant leaves the buildings to
				which he or she is restricted for the purpose of receiving care or treatment
				elsewhere in the facility, with or without the constant supervision of one or
				more employees of the facility, or any occasion on which the defendant leaves
				the confines of the facility for the receipt of medical care, appearance in
				court or attendance at the funeral of an immediate family member, and during
				which he or she is under the constant supervision of one or more employees of
				the facility.
(b) Application means
				an application to the hospital forensics committee.
(c) Clinical director means the person in
				charge of clinical services at the facility where the defendant is receiving
				care and treatment. In facilities in which the director is a physician, this
				term refers to the director. If the director of the facility is not a
				physician, this term refers to the deputy director for clinical
				services.
(d) Commissioner means
				the New York State Commissioner of Mental Health.
(e) Commitment order or recommitment order
				means an order committing a defendant to the custody of the commissioner for
				confinement in a secure facility for care and treatment for six months from the
				date of the order.
(f) Dangerous
				mental disorder means that a person currently suffers from a mental illness as
				defined in subdivision (o) of this section, and that because of that mental
				illness, he or she currently constitutes a physical danger to self or
				others.
(g) Defendant means a
				person accused of a crime who is found not responsible for that crime by reason
				of mental disease or defect.
(h)
				Director of Forensic Services means the New York State Director of Forensic
				Services designated to act on behalf of the commissioner for the purposes of
				this Part.
(i) Discharge order
				means an order terminating an order of conditions or unconditionally
				discharging a defendant from the supervision of the courts under the provisions
				of section 330.20  of the Criminal Procedure
				Law.
(j) District attorney means
				the office which prosecuted the criminal action resulting in the verdict or
				plea of not responsible by reason of mental disease or defect.
(k) Examination order means an order directed
				to the commissioner requiring that a defendant submit to a psychiatric
				examination to determine whether the defendant has a dangerous mental disorder,
				or if he does not have a dangerous mental disorder, whether he is mentally
				ill.
(l) First retention order
				means an order which is effective at the expiration of the period prescribed in
				a commitment order or a recommitment order, authorizing continued custody of a
				defendant by the commissioner for a period not to exceed one year.
(m) Furlough order means an order directing
				the commissioner to allow a defendant in confinement pursuant to a commitment
				order, recommitment order or retention order to temporarily leave the facility
				for a period not exceeding 14 days, either with or without the constant
				supervision of one or more employees of the facility.
(n) Hospital forensics committee or committee
				means a committee established in accordance with section
				541.3 
				of this Part.
(o) Licensed
				psychologist means a person who is registered as a psychologist under article
				153 of the Education Law.
(p)
				Mental illness means an affliction with a mental disease or mental condition
				which is manifested by a disorder or disturbance in behavior, feeling, thinking
				or judgment to such an extent that the person afflicted requires care,
				treatment and rehabilitation.
(q)
				Mentally ill and in need of care and treatment in a hospital means that a
				person currently suffers from a mental illness for which care and treatment as
				an inpatient in a psychiatric center is essential to his welfare and his
				judgment is so impaired that he is unable to understand the need for such care
				and treatment.
(r) Office facility
				or psychiatric center means any inpatient hospital within the Office of Mental
				Health.
(s) OMH means the New York
				State Office of Mental Health.
(t)
				Order of conditions means an order directing a defendant to comply with his
				prescribed treatment plan, or any other condition which the court determines to
				be reasonably necessary or appropriate, and, in addition, where a defendant is
				an inpatient at a psychiatric center, not to leave the facility without
				authorization.
(u) Psychiatric
				examiner means a qualified psychiatrist or a licensed psychologist who has been
				designated by a clinical director on behalf of the commissioner to examine a
				defendant pursuant to this section. Such designee need not be an employee of
				the State Department of Mental Hygiene.
(v) Qualified psychiatrist means a physician
				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.