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

 
    §  439-c. Transfers of mental defectives to certain institutions under
  the jurisdiction of the department of mental hygiene. 1. Any person over
  twenty-one years of age who  is  confined  in  an  institution  for  the
  retarded  in  the  department of correction and who has been so confined
  for five years or longer, 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.
    2. Each state institution to which a person is transferred pursuant to
  this section shall receive, treat and otherwise care for such person  in
  the  same  manner  as  other  persons  certified  or  admitted  to  such
  institution in accordance with the provisions of the mental hygiene law.
    3. A person transferred pursuant to this section shall be  subject  to
  the rules and regulations of the department of mental hygiene and of the
  institution  to which he is transferred, including rules and regulations
  governing convalescent status and release.  Upon  certification  by  the
  commissioner  of mental hygiene and upon approval by the commissioner of
  correction, any such person may be finally discharged  from  confinement
  or from convalescent care.
    4.  Whenever it is determined that a person confined in an institution
  to which he has been transferred pursuant to this section is  no  longer
  suitable  for  treatment  in  such  institution  and the commissioner of
  mental hygiene so certifies to  the  commissioner  of  correction,  such
  person  shall be forthwith returned by the director or other official in
  charge of the mental hygiene institution to the institution  from  which
  he  was transferred and such person shall thereafter again be subject to
  the  rules  and  regulations  of  the  institution  from  which  he  was
  originally transferred.
    5.  In the event that a person transferred pursuant to this section is
  under an indeterminate or  determinate  sentence  of  imprisonment,  the
  provisions  of subdivisions three, four and five of section four hundred
  thirty-nine-a of this article shall apply to such transfer  in  lieu  of
  the provisions of subdivisions three and four of this section.
    6.  All  expenses  incident  to a transfer under this section shall be
  borne by the department from which the transfer is originally made.