§ 400 — Definitions

New York § 400

• Jurisdiction: New York
• Law COR: Correction
• Art. 16: Provisions Relating to Mentally Ill Incarcerated Individuals

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§ 400. Definitions. As used in this article the following terms:\n (1) "Examining physician" means a physician licensed to practice\nmedicine in the state of New York, but who is not on the staff of the\nfacility where the incarcerated individual is confined.\n (2) "Hospital" means a hospital in the department of mental hygiene\nwhich is designated as such by the commissioner of mental hygiene for\nthe care and treatment of mentally ill incarcerated individuals.\n (3) "In immediate need of care and treatment" means that the\nincarcerated individual is apparently mentally ill and is not able to be\nproperly cared for at the place where he or she is confined and is in\nneed of immediate care and treatment in a hospital.\n (4) "In need of care and treatment" means that a person has a mental\nillness for which in-patient care and treatment in a hospital is\nnecessary.\n (5) "Incarcerated individual" means a person committed to the custody\nof the department of corrections and community supervision, or a person\nconvicted of a crime and committed to the custody of the sheriff, the\ncounty jail, or a local department of correction.\n (6) "Mental illness" means an affliction with a mental disease or\nmental condition which is manifested by a disorder or disturbance in\nbehavior, feeling, thinking, or judgment to such an extent that the\nperson afflicted requires care and treatment.\n (7) "Superintendent" means a superintendent of a state correctional\nfacility or the person in charge of a local correctional facility by\nwhatever title he may be known.\n