2006 New York Code - Inmate-patients Placed In The Custody Of The Department.

 
  § 29.27 Inmate-patients placed in the custody of the department.
    (a)  As used in this section, the term "inmate-patient" means a person
  committed  pursuant  to  the  provisions  of  article  sixteen  of   the
  correction  law  to  the custody of the department of mental hygiene for
  care and treatment.
    (b) The commissioner shall provide a facility or facilities  in  which
  inmate-patients may be retained for care and treatment.
    (c)  An  inmate-patient  may be retained for care and treatment in the
  facility designated by the commissioner for the  period  stated  in  the
  order  committing  the  inmate-patient  to the custody of the department
  unless sooner transferred or discharged in accordance with law.  If  the
  inmate-patient  requires inpatient care and treatment for mental illness
  beyond such authorized period, the director of the facility where he  is
  kept  in  custody  shall  apply  for an order of retention or subsequent
  orders of retention in accordance  with  the  procedures  set  forth  in
  article  nine  of  this  chapter  for  the  retention  of  patients. The
  provisions of this chapter applying  to  the  rights  of  patients  with
  respect  to  notices,  hearings, judicial review, writ of habeas corpus,
  and the services of the mental hygiene  legal  service  shall  apply  to
  inmate-patients  except  that  in  no  case  shall  an inmate-patient be
  discharged or  released  from  custody  prior  to  the  time  that  such
  inmate-patient  has  completed  his  term  of  imprisonment  or that his
  release from custodial confinement in the correctional facility or  jail
  from which he was delivered to the department has been duly authorized.
    (d)  During  the  period  of  his  custody in the department of mental
  hygiene pursuant to this section, an inmate-patient shall be entitled to
  the rights to care and treatment set forth  in  section  15.03  of  this
  chapter and to such other rights granted to patients by this chapter, as
  determined by regulation of the commissioner, which are not inconsistent
  with  his  status  as  a  person  legally  subject  to  confinement in a
  correctional facility or jail or with the mandate of secure  custody  of
  such inmate-patient.
    (e)  When  the director of the facility in which the inmate-patient is
  in custody finds that the inmate-patient is no longer mentally ill or no
  longer requires hospitalization for care  and  treatment,  he  shall  so
  notify  the inmate-patient and commissioner of correctional services or,
  in the case of an inmate-patient coming  from  a  jail  or  correctional
  institution  operated  by local government, the officer in charge of the
  jail or correctional  institution  from  which  the  inmate-patient  was
  committed. The commissioner of correctional services or such officer, as
  the  case  may be, shall immediately arrange to take such inmate-patient
  into custody and return him to a correctional facility or to the jail or
  correctional institution operated by local government.
    (f) Upon delivery of the inmate-patient to the representative  of  the
  commissioner  of  correctional  services or of an officer in charge of a
  jail or correctional  institution  operated  by  local  government,  the
  responsibility  of  the department and its facilities for the custody of
  the inmate-patient shall terminate. Where the inmate is  returned  to  a
  state  correctional  facility,  the  department  shall  continue  to  be
  responsible  for  the   inmate-patient's   psychiatric   care   if   the
  inmate-patient  upon  his return is in a program established pursuant to
  section four hundred one of the correction law.
    (g) If an inmate-patient in the custody of the department escapes from
  custody,  immediate  notice  shall  be  given  to  the  commissioner  of
  correctional services or, in the case of an inmate-patient coming from a
  jail  or  correctional  institution operated by local government, to the
  officer in charge of such jail or correctional institution. Notice shall
  also be given to appropriate law enforcement authorities.
    (h) The  cost  of  care  and  treatment  of  an  inmate-patient  in  a
  department  facility  shall  be  a  charge  upon  the  department if the
  inmate-patient was committed from a state correctional facility or  upon
  the local government from which the inmate-patient was committed.
    (i)  Upon  release  of an inmate-patient from a facility, the director
  shall forward a copy of  all  health  and  psychiatric  records  to  the
  commissioner  of  correctional services or to the officer in charge of a
  jail or correctional institution operated by local  government,  as  the
  case may be.
    (j) If the sentence for which an inmate-patient is confined expires or
  is  vacated or modified by court order, the director shall so notify the
  commissioner of correctional services or such officer  in  charge  of  a
  jail  or  correctional  institution  operated  by  local  government, as
  appropriate.