New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 541 - Defendants Committed To The Custody Of The Commissioner Pursuant To Cpl Section 330.20
Section 541.12 - Escape

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 541.12

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

(a) In the event a defendant leaves the grounds of the facility without prior authorization or fails to return on time from a furlough, the clinical director, the unit chief, the defendant's physician, the defendant's treatment team leader or any other member of the facility staff shall immediately notify:

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

(2) the Superintendent of State Police;

(3) the sheriff of the county where the facility is located;

(4) the court which issued the order under which the defendant is currently being held;

(5) the police department having jurisdiction of the area where the facility is located, of the area in which the defendant last resided, of the area in which any person who might be harmed resides; and any other law enforcement agency the clinical staff deem appropriate;

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

(7) the patient's immediate family;

(8) the patient's attorney, if any; and

(9) any person or entity the court that committed the defendant to the custody of the commissioner may have designated in the order issued under Criminal Procedure Law, section 330.20.

(b) The Director of Forensic Services and the Mental Health Information Service shall also be notified immediately.

(c) The notice shall be given as soon as the facility staff discover the defendant's absence, and shall include the information necessary to identify the defendant and any person or persons believed to be in danger and the nature of the danger.

(d) Each notice shall be given by telephone. If notice cannot be effected by telephone, a telegram shall be sent and a request shall be made that the telegram be hand-delivered. 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 notices given pursuant to this section.

(e) the defendant returns to the facility, persons notified of his escape shall be so advised.

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