441 - Disposition of mentally defective inmates at expiration of terms. - New York Statutes

* § 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 * § 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 reformatory 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 September 1, 2011