New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter II - All Facilities
Subchapter A - Admission And Transfer Of Patients
Part 18 - Procedure For Treatment And Hospitalization Of Certain Mentally Ill Prisoners In Jails
Section 18.2 - Definitions

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 18.2

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Director of community mental health services means the director of community services as defined in the Mental Hygiene Law and is the person responsible for the administration of community mental health and mental retardation services in a county or in the City of New York, whether known or referred to as director, commissioner or otherwise; and in the City of New York such term shall mean the Commissioner of Mental Health and Mental Retardation Services of such city.

(b) Director when used in connection with a hospital means the person in charge of the facility, whether known or referred to as director, superintendent or otherwise.

(c) Prisoner means a person confined in a jail either in a civil case or upon a criminal charge. It does not include a prisoner serving a sentence of imprisonment.

(d) Hospital or psychiatric hospital means a hospital for the care or treatment of the mentally ill as defined by the Mental Hygiene Law.

(e) Warden means the person in charge of a jail whether known or referred to as warden, sheriff, jailer, or otherwise.

(f) 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 judgment to such an extent that the person afflicted requires care and treatment.

(g) 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 judgment is so impaired that he is unable to understand the need for such care and treatment.

(h) 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 of serious physical harm.

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