Section 404. Disposition of mentally ill inmates upon release to parole, conditional release, or expiration of sentence  


Latest version.
  • 1.  Whenever  an  inmate  committed  to a hospital in the department of mental hygiene or whenever
      an inmate is examined in anticipation of his or her conditional release,
      release to parole supervision, or when his or her sentence to a term  of
      imprisonment  expires  and such inmate shall continue to be mentally ill
      and in need of care and treatment at the time of his or her  conditional
      release, release to parole supervision, or when his or her sentence to a
      term  of  imprisonment  expires,  the  director  of  the hospital or the
      superintendent of a correctional facility may  apply  for  the  person's
      admission  to  a hospital for the care and treatment of the mentally ill
      in the department of mental hygiene pursuant  to  article  nine  of  the
      mental hygiene law, or alternatively, the commissioner may apply for the
      person's  admission  to  a secure treatment facility pursuant to article
      ten of the mental hygiene law.
        2. The director may discharge any inmate at the expiration of the term
      for which he was sentenced who is still mentally ill, but  who,  in  the
      opinion  of  the  director,  is  reasonably  safe  to  be at large. Such
      discharged inmate shall be entitled to suitable clothing adapted to  the
      season  in  which  he  is  discharged,  and  if  it  cannot be otherwise
      obtained, the business officer, or  other  officer  having  like  duties
      shall,  upon the order of the director, or of the commissioner of mental
      hygiene, as the case may be, furnish the same, and money in an amount to
      be fixed by such commissioner with the approval of the director  of  the
      budget,  to  defray  his  expenses  until  he can reach his relatives or
      friends, or find employment to earn a subsistence.