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 540.11 - Escape

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

(a) In the event a patient leaves the grounds of the facility without prior authorization, the clinical director, the unit chief, the patient's physician, the patient's treatment team leader or any other member of the clinical staff shall immediately notify:

(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, of the area in which the patient last resided, of the area in which any person who might be harmed resides; and any other law enforcement agency the clinical staff deems appropriate, including the law enforcement agency having jurisdiction of the patient's likely destination, if known;

(5) any person who may reasonably be expected to be assaulted or otherwise harmed by the patient;

(6) the patient's immediate family and any contact person identified in the patient's case record;

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

(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;

(9) the Director of Forensic Services of the New York State Office of Mental Health; and

(10) the Mental Hygiene Legal Service.

Each notice shall be given by telephone or by any other means reasonably calculated to give prompt actual notice. The police having jurisdiction over the area in which a person who might be harmed resides shall be notified if that person is not contacted by telephone. The facility shall keep a record of all notices given pursuant to this section.

(b) If the patient returns to the facility, persons notified of his or her escape shall be so advised.

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