New York Laws
Article 20 - Local Correctional Facilities
508 - Removal of Sick Prisoners From Jail.

(i) "Director" means (a) the director of a state hospital operated by
the department of mental hygiene, or (b) the director of a hospital
operated by any local government of the state that has been certified by
the commissioner of mental hygiene as having adequate facilities to
treat a person with a mental illness or (c) the director of community
mental health services or the designees of any of the foregoing. The
appropriate director to whom a jailer or warden shall certify the need
for involuntary care and treatment and who shall have the responsibility
for such care and treatment shall be determined in accordance with rules
jointly adopted by the judicial conference and the commissioner of
mental hygiene.
(ii) "Mental illness" shall mean an affliction with a mental disease
or mental condition which is manifested by a disorder or a disturbance
in behavior, feeling, thinking, or judgement to such an extent that the
person afflicted requires care and treatment.
(iii) "In need of involuntary care and treatment" shall mean that a
person has a mental illness for which care and treatment as a patient in
a hospital is essential to such person's welfare and whose judgement is
so impaired that he is unable to understand the need for such care and
treatment.
(iv) "Likelihood to result in serious harm" shall mean (1) substantial
risk of physical harm to himself as manifested by threats of or attempts
at suicide or serious bodily harm or other conduct demonstrating that he
is dangerous to himself or (2) a substantial risk of physical harm to
other persons as manifested by homicidal or other violent behavior by
which others are placed in reasonable fear or serious physical harm.
(v) "Secure facility" shall mean a facility operated or licensed by
the office of mental health that has been approved and designated by the
commissioner of mental health to receive and retain prisoners pursuant
to this section, based upon a determination by such commissioner that
the physical and internal security of the facility are sufficient to
protect the safety and security of staff and persons served by the
facility.
c. If at any time the hospital in which a prisoner is hospitalized
pursuant to this subdivision determines that the prisoner is not in such
state of mental health to be in need of involuntary care and treatment
the prisoner shall be returned to the jail forthwith.
d. If at any time the director of a hospital in which a prisoner is
hospitalized pursuant to this subdivision has reason to believe that the
prisoner may be an incapacitated defendant as defined in article seven
hundred thirty of the criminal procedure law he shall so notify the
court in which the criminal charges are pending and such court shall
thereupon issue an examination order pursuant to the provisions of
article seven hundred thirty of the criminal procedure law.

e. Nothing in this subdivision shall prevent the release of the
prisoner from custody where appropriate by recognizance, bail, or
otherwise as the court may direct.