2022 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 67 - Interstate Relations
67.08 - Patient Transfer to Foreign Nation.

§ 67.08 Patient transfer to foreign nation.
  (a)  The commissioner, or his or her designee, shall have the sole and
absolute authority to approve or disapprove a  patient  application  for
transfer  to  a  foreign  nation  pursuant  to  the  Council  of  Europe
Convention  on  the  Transfer  of  Sentenced  Persons  (COE)  or   other
applicable international treaty, where:
  (1)  Such applicant has been committed to and placed in the custody of
the department upon a verdict of not responsible  by  reason  of  mental
disease  or  defect pursuant to section 330.20 of the criminal procedure
law;
  (2) Such applicant has indicated a willingness and desire for transfer
to a foreign nation in writing on a form prescribed by the  commissioner
or,  the  commissioner  at  the request of a patient's legal guardian or
attorney can indicate a desire for transfer if the patient is unable  to
indicate their willingness and desire on their own; and
  (3)  The  transfer nation is either a "treaty nation" under the COE or
any other nation with which the United States has  a  prisoner  transfer
treaty  that  permits  the  transfer of persons committed to psychiatric
institutions after a verdict of not  responsible  by  reason  of  mental
disease or defect.
  (b)  If a request for transfer is approved by the commissioner, or his
or her designee, facility staff shall  assist  in  the  preparation  and
submission  of  all  materials  and  forms  necessary  to effectuate the
person's request for transfer to the United States department of justice
for purposes of  finalization  of  the  transfer  process,  including  a
verification  proceeding  before  a  United States district court judge,
United States magistrate or other appointed United  States  official  to
assure and document the applicant's voluntary request for transfer.
  (c)  The  commissioner  shall promulgate rules and regulations setting
forth the procedures to notify  patients  and  where  applicable,  their
legal  guardian  or attorney, of their rights under this section and the
procedure by which a patient may apply to be considered for transfer  to
a  foreign  nation.  Nothing  herein shall be construed to confer upon a
patient a right to be transferred to a foreign nation.