State Codes and Statutes

Statutes > New-york > Cor > Article-17 > 441

* §  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

State Codes and Statutes

Statutes > New-york > Cor > Article-17 > 441

* §  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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-17 > 441

* §  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