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 541.9 - Hospital forensics committee procedures

(a) The hospital forensics committee shall meet to evaluate the current mental condition of a defendant and to make recommendations to the clinical director at the request of the treatment team.

(b) The hospital forensics committee shall meet within five calendar days of receipt of a request by the defendant's treatment team that an application be made for a transfer order, furlough order or release order, or that administrative privileges as described in section 541.5 of this Part be granted. The treatment team may make the request on its own initiative or at the request of the defendant or the defendant's representative. However, the committee may refuse to consider a request made within six months of a previous denial of a similar request.

(c) The committee shall notify the defendant, the defendant's attorney and the Mental Health Information Service of its meeting at least three calendar days in advance of the meeting. The defendant, the defendant's attorney and the Mental Health Information Service may attend the examination, but do not have the right to participate.

(d) The hospital forensics committee shall consider the defendant's records, the recommendations of the treatment team and the report of a current psychiatric examination. A psychiatrist or psychologist on the committee may examine the defendant or the committee may conduct a joint examination.

(e) Within five calendar days of the meeting, the committee shall make a written recommendation to the clinical director regarding the defendant's current clinical condition and whether a specific application would be appropriate in light of the criteria described in the following subdivisions. The recommendation need not be unanimous. If one member of the committee disagrees, he or she shall so notify the clinical director, in writing.

(f) In evaluating the defendant's current mental condition, the committee shall consider whether the defendant has a dangerous mental disorder, is not dangerous but has a mental illness for which inpatient care and treatment is necessary, or is not mentally ill.

(g) In evaluating the merits of any request for administrative privileges, the committee shall consider whether such privileges would be clinically beneficial to the defendant and whether, in its opinion, such privileges could be granted without endangering another person or persons within or without the facility or without rendering an escape attempt likely.

(h) In evaluating the merits of any request that the Director of Forensic Services apply for a transfer order, the committee shall consider whether transfer to a nonsecure facility is consistent with the public safety and welfare of the community and the defendant and is warranted by the defendant's clinical condition. It shall also consider whether the defendant's behavior is such that transfer would jeopardize the safety of other patients or staff at a nonsecure facility, and whether such transfer would render an escape attempt likely.

(i) In evaluating the merits of any request that the Director of Forensic Services apply for a furlough order, the committee shall consider whether furlough would be clinically beneficial and whether the issuance of such order would be consistent with the public safety and welfare of the community. The committee shall also consider whether the patient would pose an immediate danger to another person or persons if allowed outside the facility or would fail to return on time. It shall also recommend the duration of the furlough, the period of time for which the furlough order should remain outstanding and any conditions or limitations on the exercise of furlough privileges.

(j) In evaluating the merits of any request that the Director of Forensic Services apply for a release order, the committee shall consider whether the defendant is mentally ill, in need of care and treatment in a hospital, lacks the judgment necessary to understand such need, and would either be unable to live outside the hospital with the help of family or friends or would pose a danger to himself or others. The committee shall also consider the conditions which would be necessary and appropriate if a release order were to be issued.

(k) The clinical director shall review the committee's written recommendation. If the opinion of the committee is not unanimous, or if the clinical director disagrees with it, he or she may obtain another psychiatric examination of the defendant. If the clinical director determines that an application for a transfer order, a retention order (if applied for in conjunction with a transfer order) or a release order is appropriate for the defendant, he or she shall submit such recommendation to the Director of Forensic Services within 10 days of the receipt of the hospital forensic committee's written recommendation. If the clinical director determines that a retention order is appropriate for the defendant, he or she shall apply for such order in accordance with the provisions of section 541.4 of this Part.

(l) The Director of Forensic Services shall have responsibility for applying to the court for a furlough order, transfer order, retention order which is applied for in conjunction with a transfer order, or release order. If the recommendations of the committee and the clinical director are not unanimous, or if he or she disagrees with them, the Director of Forensic Services may designate another psychiatrist or psychologist to examine the defendant.

(m) In the event the defendant's treatment team becomes aware of a change in his or her condition that would warrant a discontinuation of administrative privileges, withdrawal of an application for a furlough order, transfer order or release order, or would make application for a revocation of such order appropriate, the treatment team shall so notify the clinical director, who shall immediately notify the Director of Forensic Services. The physician treating the defendant or the clinical director may immediately suspend administrative privileges in the event of an emergency.

(n) If the Director of Forensic Services decides to grant administrative privileges or to apply for a court order, he shall so notify the district attorney, the defendant, counsel for the defendant and the Mental Health Information Service; he shall apply to the court for a furlough order, transfer order, retention order or release order following the procedures described in sections 541.4 and 541.6 -541.8 of this Part.

(o) If the court authorizes the discharge or release of a defendant confined in a secure facility, the Director of Forensic Services shall, at least four days, excluding Saturdays, Sundays and holidays, in advance of the discharge or release, deliver written notice to all of the following: