2006 New York Code - Transfers To Certain Institutions Under The Jurisdiction Of The Department Of Mental Hygiene.

 
    §  439-a.  Transfers to certain institutions under the jurisdiction of
  the department of mental hygiene. 1. Any  person  less  than  twenty-one
  years  of  age who is confined in an institution for the retarded in the
  department of correction may be transferred to a state school under  the
  jurisdiction  of the department of mental hygiene whenever it appears to
  the satisfaction of the commissioner of correction that such person will
  substantially benefit from care and treatment in such a state school and
  that the interests of the state will be  best  served  thereby.  Such  a
  transfer  may  be  made  only  upon written order of the commissioner of
  correction certifying the reasons therefor and upon the written  consent
  and  approval of the commissioner of mental hygiene and the commissioner
  of social services.  Where any such transfer is ordered and approved  as
  herein  provided  prior  to  the  time  such  person  is delivered to an
  institution for the  retarded  in  the  department  of  correction,  the
  transfer shall be made directly from the institution in which the inmate
  is confined.
    2.  Each state institution to which a person is transferred as in this
  section provided shall, and it is hereby authorized to,  receive,  treat
  and  otherwise  care for such person in the same manner as other persons
  certified to such institution.
    3. A person so transferred shall continue to be under the general care
  and supervision of the department of correction, except that he shall be
  temporarily cared for and  treated  in  the  institution  to  which  the
  transfer  is  made. While in such latter institution he shall be subject
  to the laws and rules appertaining thereto, except that his  parole  and
  discharge   shall  continue  to  be  governed  by  the  laws  and  rules
  appertaining to the institution from which he was transferred.
    4. The term of detention or confinement of  a  person  transferred  in
  accordance  with the provisions of this section shall not be extended or
  increased by reason of any such transfer.
    5. Whenever it is found that the  confinement  of  any  person  in  an
  institution  to  which he shall have been transferred as hereinbefore in
  this section provided is no longer suitable, for  any  reason,  and  the
  commissioner  of  mental hygiene shall so certify to the commissioner of
  correction, such person so transferred shall be  forthwith  returned  by
  the  director or other official in charge of the institution in which he
  is confined to the institution from which he was transferred.
    6. All expenses incident to a transfer under  this  section  shall  be
  borne by the department from which the transfer is made.