§ 400. Definitions. As used in this article the following terms:

(1) "Examining physician" means a physician licensed to practice
medicine in the state of New York, but who is not on the staff of the
facility where the incarcerated individual is confined.

(2) "Hospital" means a hospital in the department of mental hygiene
which is designated as such by the commissioner of mental hygiene for
the care and treatment of mentally ill incarcerated individuals.

(3) "In immediate need of care and treatment" means that the
incarcerated individual is apparently mentally ill and is not able to be
properly cared for at the place where he or she is confined and is in
need of immediate care and treatment in a hospital.

(4) "In need of care and treatment" means that a person has a mental
illness for which in-patient care and treatment in a hospital is
necessary.

(5) "Incarcerated individual" means a person committed to the custody
of the department of corrections and community supervision, or a person
convicted of a crime and committed to the custody of the sheriff, the
county jail, or a local department of correction.

(6) "Mental illness" means an affliction with a mental disease or
mental condition which is manifested by a disorder or disturbance in
behavior, feeling, thinking, or judgment to such an extent that the
person afflicted requires care and treatment.

(7) "Superintendent" means a superintendent of a state correctional
facility or the person in charge of a local correctional facility by
whatever title he may be known.