N.Y. Comp. Codes R. & Regs. tit. 14 § 18.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 18.5 - Emergency hospitalization

If the warden shall certify, with a copy of the certification to be filed at the jail, that a prisoner appears to have a mental illness which is likely to result in serious harm to himself or others and for which care in a psychiatric hospital is appropriate, admission to a hospital shall be obtained in the following manner:

(a) Pursuant to the provisions for emergency admission authorized by sections 31.37 or 31.39 of the Mental Hygiene Law, the director of community mental health services or his designee, when notified by the warden, shall obtain the immediate hospitalization of such a prisoner if, after examination of the prisoner, it is his opinion that the prisoner has a mental illness for which immediate inpatient care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others. The jail physician, if otherwise qualified, may be such a designee.

(b) If the director of community mental health services or a designee thereof is not available to make a decision with respect to immediate hospitalization of a prisoner, a peace officer of the State, town, village, county or city who is a member of the State police or of an authorized police department or force or of a sheriff's department shall, pursuant to section 31.41 of the Mental Hygiene Law, remove such prisoner, if the prisoner appears to such peace officer to be mentally ill and is conducting himself in a manner which is likely to result in serious harm to himself or others, to a hospital approved by the Commissioner of Mental Hygiene to receive and retain patients pursuant to section 31.39 of the Mental Hygiene Law (for a list of approved facilities, see subdivision [e] of section 15.9 of this Title). Upon admission of the prisoner to a hospital pursuant to such sections of law, the warden shall notify the director or director of community mental health services who has been given notification pursuant to section 18.3 of this Part, the prisoner's attorney and, if information about the family is available, the prisoner's family.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 18.5