Section 400. Definitions  


Latest version.
  • As used in this article the following terms:
        (1)  "Examining  physician"  means  a  physician  licensed to practice
      medicine in the state of New York, but who is not on the  staff  of  the
      facility where the inmate is confined.
        (2)  "Hospital"  means  a hospital in the department of mental hygiene
      which is designated as such by the commissioner of  mental  hygiene  for
      the care and treatment of mentally ill inmates.
        (3) "In immediate need of care and treatment" means that the inmate is
      apparently  mentally ill and is not able to be properly cared for at the
      place where he is  confined  and  is  in  need  of  immediate  care  and
      treatment in a hospital.
        (4)  "In  need of care and treatment" means that a person has a mental
      illness for which  in-patient  care  and  treatment  in  a  hospital  is
      necessary.
        (5) "Inmate" means a person committed to the custody of the department
      of correctional services, or a person convicted of a crime and committed
      to the custody of the sheriff, the county jail, or a local department of
      correction.
        (6)  "Mental  illness"  means  an  affliction with a mental disease or
      mental condition which is manifested by a  disorder  or  disturbance  in
      behavior,  feeling,  thinking,  or  judgment  to such an extent that the
      person afflicted requires care and treatment.
        (7) "Superintendent" means a superintendent of  a  state  correctional
      facility  or  the  person  in charge of a local correctional facility by
      whatever title he may be known.