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 540.8 - Discharge or conditional release; fitness to stand trial and return of patients to the custody of the criminal court
Current through Register Vol. 46, No. 39, September 25, 2024
(a) No patient who is in the custody of the commissioner pursuant to a temporary order of observation, an order of commitment or an order of retention shall be discharged or conditionally released without court authorization.
(b) The clinical director may apply to the court for the return of a patient who is in the custody of the commissioner pursuant to a temporary order of observation, an order of commitment or an order of retention to the custody of the criminal court upon a finding that he is not an incapacitated person after consultation with the hospital forensic committee in accordance with the procedures described in section 540.9 of this Part, or after review and consideration of the report and recommendations of a psychiatric examiner designated in accordance with the procedures described in subdivision (c) of this section.
(c) The clinical director shall have responsibility for deciding whether the patient remains an incapacitated person or is fit to stand trial.
(d) Persons who are in the custody of the commissioner pursuant to a final order of observation, or after having been converted to civil status, may be discharged or conditionally released by the clinical director, after consultation with the hospital forensic committee as required in section 540.9 of this Part and compliance with the requirements of section 540.10 of this Part.
