§ 404 — Disposition of mentally ill incarcerated individuals upon release to parole, conditional release, or expiration of sentence

§ 404. Disposition of mentally ill incarcerated individuals upon\nrelease to parole, conditional release, or expiration of sentence. 1.\nWhenever an incarcerated individual committed to a hospital in the\ndepartment of mental hygiene or whenever an incarcerated individual is\nexamined in anticipation of his or her conditional release, release to\nparole supervision, or when his or her sentence to a term of\nimprisonment expires and such incarcerated individual shall continue to\nbe mentally ill and in need of care and treatment at the time of his or\nher conditional release, release to parole supervision, or when his or\nher sentence to a term of imprisonment expires, the director of the\nhospital or the superintendent of a correctional facility may apply for\nthe person's admission to a hospital for the care and treatment of the\nmentally ill in the department of mental hygiene pursuant to article\nnine of the mental hygiene law, or alternatively, the commissioner may\napply for the person's admission to a secure treatment facility pursuant\nto article ten of the mental hygiene law.\n 2. The director may discharge any incarcerated individual at the\nexpiration of the term for which he or she was sentenced who is still\nmentally ill, but who, in the opinion of the director, is reasonably\nsafe to be at large. Such discharged incarcerated individual shall be\nentitled to suitable clothing adapted to the season in which he or she\nis discharged, and if it cannot be otherwise obtained, the business\nofficer, or other officer having like duties shall, upon the order of\nthe director, or of the commissioner of mental hygiene, as the case may\nbe, furnish the same, and money in an amount to be fixed by such\ncommissioner with the approval of the director of the budget, to defray\nhis or her expenses until he or she can reach his or her relatives or\nfriends, or find employment to earn a subsistence.\n 3. Within a reasonable period prior to discharge of an incarcerated\nindividual committed from a state correctional facility from a hospital\nin the department of mental hygiene to the community, the director shall\nensure that a clinical assessment has been completed to determine\nwhether the incarcerated individual meets the criteria for assisted\noutpatient treatment pursuant to subdivision (c) of section 9.60 of the\nmental hygiene law. If, as a result of such assessment, the director\ndetermines that the incarcerated individual meets such criteria, prior\nto discharge the director of the hospital shall either petition for a\ncourt order pursuant to section 9.60 of the mental hygiene law, or\nreport in writing to the director of community services of the local\ngovernmental unit in which the incarcerated individual is expected to\nreside so that an investigation may be conducted pursuant to section\n9.47 of the mental hygiene law.\n 4. Every incarcerated individual who has received mental health\ntreatment pursuant to this article within three years of his or her\nanticipated release date from a state correctional facility shall be\nprovided with mental health discharge planning and, when necessary, an\nappointment with a mental health professional in the community who can\nprescribe medications following discharge and sufficient mental health\nmedications and prescriptions to bridge the period between discharge and\nsuch time as such mental health professional may assume care of the\npatient. Incarcerated individuals who have refused mental health\ntreatment may also be provided mental health discharge planning and any\nnecessary appointment with a mental health professional.\n