Section 441. Disposition of mentally defective inmates at expiration of terms

Every person confined in an institution under the jurisdiction of  the state department of correction for the care, treatment, training and
  custody  of  mental  defectives,  under  a  definite,  indeterminate  or
  determinate  sentence  of imprisonment, whose sentence has expired shall
  be dealt with as hereinafter provided. Whenever any  such  person  shall
  continue  to be mentally defective and in need of institutional care the
  director of such institution may apply for  his  admission  to  a  state
  school  under  the  jurisdiction of the department of mental hygiene for
  the care and treatment of mental defectives as provided  in  the  mental
  hygiene  law. The director of the correctional institution may, if it is
  his opinion that any such person is so  dangerously  mentally  defective
  that  his presence in a state school in the department of mental hygiene
  would be dangerous to the safety of  the  other  patients  therein,  the
  officers or employees thereof, or the community, make application to the
  court  as  provided  in  section 29.13 of the mental hygiene law and the
  provisions of such section shall govern  such  proceedings  before  such
  court.  The  director  of the correctional institution may discharge any
  such person at the expiration of his  sentence  who  is  still  mentally
  defective,  but  who, in the opinion of the director, is reasonably safe
  to be at large.  Such  discharged  person  shall  be  entitled  to  such
  allowances  as  are  granted  to  prisoners,  on their discharge, by the
  provisions of this chapter.
    * NB Effective until September 1, 2011