2006 New York Code - Persons Who May Be Confined In An Institution For The Retarded.

 
    § 438. Persons who may be confined in an institution for the retarded.
  1. No person shall hereafter be committed or transferred or certified to
  or  placed  in  an  institution  for  the  retarded in the department of
  correction except as provided in this section.
    2. Any person under the care or custody of  the  state  department  of
  correction who is found to be a mental defective may be committed to and
  confined  in  an  institution  for  the  retarded  in  the department of
  correction in accordance with the procedure set forth  in  section  four
  hundred thirty-nine of this article.
    3.  Any  person  confined  in  a  county  jail  or  workhouse  or in a
  penitentiary under a sentence of imprisonment with a term that has  more
  than  ninety  days to run, after deduction of all credits other than the
  credit for good behavior  time,  or  any  person  confined  in  a  local
  reformatory   under   an   alternative  local  reformatory  sentence  of
  imprisonment, who is found to be a mental defective may be committed  to
  and  confined  in  an  institution for the retarded in the department of
  correction in accordance with the procedure set forth  in  section  four
  hundred thirty-nine of this article.