New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 540 - Patients Committed To The Custody Of The Commissioner Pursuant To Cpl Article 730
Section 540.10 - Notice requirements

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 540.10

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

(a) If the clinical director decides to grant an application to convert a patient to civil status, to grant a patient escorted or unescorted privileges, transfer a patient to a less secure facility, or to discharge or conditionally release a patient, he or she shall, at least four days, excluding Saturdays, Sundays and holidays, in advance of such action, deliver written notice to all of the following:

(1) the district attorney of the county from which the patient was committed;

(2) the superintendent of State Police (for locations other than New York City);

(3) the sheriff of the county where the facility is located (for locations other than New York City);

(4) the police department having jurisdiction of the area in which the facility is located;

(5) any person who may reasonably be expected to be assaulted or otherwise harmed by the patient (if this notice appears necessary, a mentally ill patient should not be released or given escorted or unescorted privileges);

(6) the patient's attorney, if any;

(7) the patient's nearest relative; and

(8) any person or entity the court that committed the patient to the custody of the commissioner may have designated in the order issued under article 730 of the Criminal Procedure Law. Written notice may be given by mail, in which case an additional three days, for a total of seven days notice, shall be given to allow time for delivery. Alternatively, notice may be given by telegram or mailgram, in which case an additional day, for a total of five days notice, shall be given to allow time for delivery.

(b) If, at the end of the notice period the facility does not receive a court order enjoining it from taking the action of which it has given notice, it may take that action.

(c) If, prior to taking the action that was the subject of notice given in accordance with this section, the facility receives an order of a superior court enjoining it from taking such action, it shall comply with such order. The clinical director, a member of the hospital forensic committee, or the physician treating the patient shall present any evidence that may be required to substantiate the reasons for the action proposed by the facility at any hearings the court may hold following issuance of the order. If a hearing is not held within 10 days of receipt of an order enjoining the facility's actions, the clinical director shall notify the local office of the Attorney General. The facility shall comply with any court orders issued following a hearing. The facility may apply to the court at any time for reconsideration of any order issued following a hearing.

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