Section 508. Removal of sick prisoners from jail

1. A sheriff, in his
  discretion, may by written order permit  inmates  confined  in  a  local
  correctional  facility  to  receive  medical  diagnosis and treatment in
  outside hospitals, upon the determination that  such  outside  treatment
  and diagnosis is necessary by reason of inadequate facilities within the
  local  correctional  facility.  Such  inmates  shall  remain  under  the
  jurisdiction and in the custody of said sheriff while in a hospital  and
  said  sheriff  shall  enforce  proper  measures  in  each case to safely
  maintain such jurisdiction and custody.
    2. a. If a physician to a jail or in case of  a  vacancy  a  physician
  acting  as  such  and  the  warden  or  jailer certify in writing that a
  prisoner confined in a jail either in a civil cause or upon  a  criminal
  charge  is  in  such  a  state  of  mental  health that he is in need of
  involuntary care and treatment and in their opinion should be removed to
  a psychiatric  hospital  for  treatment,  the  warden  or  jailer  shall
  immediately  notify  the  director who shall have the responsibility for
  providing  treatment  for  such  prisoner.  If   such   director   after
  examination  of the prisoner by an examining physician designated by him
  shall determine that such prisoner is in need of  involuntary  care  and
  treatment,  the  director  shall file an application for the involuntary
  hospitalization of such prisoner pursuant to article nine of the  mental
  hygiene  law  in a hospital operated by the department of mental hygiene
  or in the case of a prisoner confined in a jail  in  a  city  or  county
  which  maintains or operates a general hospital containing a psychiatric
  prison ward approved by the department of mental hygiene to such  prison
  ward for care and treatment or to any other psychiatric hospital if such
  prison  ward  is filled to capacity. Such application shall be supported
  by the certificate of two physicians in accordance with the requirements
  of section 9.27 of the mental hygiene law and  thereupon  such  prisoner
  shall be admitted forthwith to the hospital in which such application is
  filed,  and  the  procedures  of  the  mental  hygiene law governing the
  hospitalization of such prisoner. The jailer or warden having custody of
  the prisoner shall deliver the prisoner to the hospital with  which  the
  director  has  filed  the  application.  If  such jailer or warden shall
  certify that such prisoner has a  mental  illness  which  is  likely  to
  result  in  serious  harm  to  himself or others and for which care in a
  psychiatric hospital is appropriate such jailer or warden  shall  effect
  the  admission  of  such  prisoner to a hospital forthwith in accordance
  with the provisions of section 9.37 or 9.39 of the  mental  hygiene  law
  and  the  hospital  shall  admit  such  prisoner.  Upon admission of the
  prisoner, pursuant to section 9.37 or 9.39 of the  mental  hygiene  law,
  the jailer or warden shall notify the director, the prisoner's attorney,
  and  his  family, where information about the family is available. While
  the prisoner is in the hospital he shall remain  in  the  custody  under
  sufficient  guard  of  the  jailer  or warden in charge of the jail from
  which he came. A prisoner admitted to a psychiatric hospital pursuant to
  section 9.27, 9.37 or 9.39 of the mental hygiene law may be retained  at
  the  hospital pursuant to the provisions of the mental hygiene law until
  he  has  improved  sufficiently  in   his   mental   illness   so   that
  hospitalization  is no longer necessary or until ordered by the court to
  be returned to the jail whichever comes first and in either  event,  the
  prisoner  shall  thereupon be returned to jail. The cost of the care and
  treatment of such  prisoners  in  the  hospital  shall  be  defrayed  in
  accordance  with  the provisions of the mental hygiene law in such cases
  provided.
    From the time of admission of a prisoner  to  a  hospital  under  this
  section  the  retention of such prisoner for care and treatment shall be
  subject to the provisions  for  notice,  hearing,  review  and  judicial

  approval  of  continued  retention  or  transfer and continued retention
  provided by article nine of the mental hygiene law for the admission and
  retention of involuntary patients.
    b.  As  used  in  this  section,  the  following  terms shall have the
  following meanings:
    (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  mentally  ill  person  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.
    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.