2006 New York Code - Disposition Of Mentally Defective Inmates At Expiration Of Terms.

 
    * §  441.  Disposition  of mentally defective inmates at expiration of
  terms. Every person confined in an institution under the jurisdiction of
  the state department of correction for the care, treatment, training and
  custody  of  mental  defectives,  under  a  definite,  indeterminate  or
  determinate  sentence  of imprisonment, whose sentence has expired shall
  be dealt with as hereinafter provided. Whenever any  such  person  shall
  continue  to be mentally defective and in need of institutional care the
  director of such institution may apply for  his  admission  to  a  state
  school  under  the  jurisdiction of the department of mental hygiene for
  the care and treatment of mental defectives as provided  in  the  mental
  hygiene  law. The director of the correctional institution may, if it is
  his opinion that any such person is so  dangerously  mentally  defective
  that  his presence in a state school in the department of mental hygiene
  would be dangerous to the safety of  the  other  patients  therein,  the
  officers or employees thereof, or the community, make application to the
  court  as  provided  in  section 29.13 of the mental hygiene law and the
  provisions of such section shall govern  such  proceedings  before  such
  court.  The  director  of the correctional institution may discharge any
  such person at the expiration of his  sentence  who  is  still  mentally
  defective,  but  who, in the opinion of the director, is reasonably safe
  to be at large.  Such  discharged  person  shall  be  entitled  to  such
  allowances  as  are  granted  to  prisoners,  on their discharge, by the
  provisions of this chapter.
    * NB Effective until September 1, 2009
    * § 441. Disposition of mentally defective inmates  at  expiration  of
  terms. Every person confined in an institution under the jurisdiction of
  the state department of correction for the care, treatment, training and
  custody  of  mental  defectives,  under  a  definite,  indeterminate  or
  reformatory sentence of imprisonment, whose sentence has  expired  shall
  be  dealt  with  as hereinafter provided. Whenever any such person shall
  continue to be mentally defective and in need of institutional care  the
  director  of  such  institution  may  apply for his admission to a state
  school under the jurisdiction of the department of  mental  hygiene  for
  the  care  and  treatment of mental defectives as provided in the mental
  hygiene law. The director of the correctional institution may, if it  is
  his  opinion  that  any such person is so dangerously mentally defective
  that his presence in a state school in the department of mental  hygiene
  would  be  dangerous  to  the  safety of the other patients therein, the
  officers or employees thereof, or the community, make application to the
  court as provided in section 29.13 of the mental  hygiene  law  and  the
  provisions  of  such  section  shall govern such proceedings before such
  court. The director of the correctional institution  may  discharge  any
  such  person  at  the  expiration  of his sentence who is still mentally
  defective, but who, in the opinion of the director, is  reasonably  safe
  to  be  at  large.  Such  discharged  person  shall  be entitled to such
  allowances as are granted to  prisoners,  on  their  discharge,  by  the
  provisions of this chapter.
    * NB Effective September 1, 2009