§ 404. Disposition of mentally ill incarcerated individuals upon
release to parole, conditional release, or expiration of sentence. 1.
Whenever an incarcerated individual committed to a hospital in the
department of mental hygiene or whenever an incarcerated individual is
examined in anticipation of his or her conditional release, release to
parole supervision, or when his or her sentence to a term of
imprisonment expires and such incarcerated individual shall continue to
be mentally ill and in need of care and treatment at the time of his or
her conditional release, release to parole supervision, or when his or
her sentence to a term of imprisonment expires, the director of the
hospital or the superintendent of a correctional facility may apply for
the person's admission to a hospital for the care and treatment of the
mentally ill in the department of mental hygiene pursuant to article
nine of the mental hygiene law, or alternatively, the commissioner may
apply for the person's admission to a secure treatment facility pursuant
to article ten of the mental hygiene law.

2. The director may discharge any incarcerated individual at the
expiration of the term for which he or she was sentenced who is still
mentally ill, but who, in the opinion of the director, is reasonably
safe to be at large. Such discharged incarcerated individual shall be
entitled to suitable clothing adapted to the season in which he or she
is discharged, and if it cannot be otherwise obtained, the business
officer, or other officer having like duties shall, upon the order of
the director, or of the commissioner of mental hygiene, as the case may
be, furnish the same, and money in an amount to be fixed by such
commissioner with the approval of the director of the budget, to defray
his or her expenses until he or she can reach his or her relatives or
friends, or find employment to earn a subsistence.

3. Within a reasonable period prior to discharge of an incarcerated
individual committed from a state correctional facility from a hospital
in the department of mental hygiene to the community, the director shall
ensure that a clinical assessment has been completed to determine
whether the incarcerated individual meets the criteria for assisted
outpatient treatment pursuant to subdivision (c) of section 9.60 of the
mental hygiene law. If, as a result of such assessment, the director
determines that the incarcerated individual meets such criteria, prior
to discharge the director of the hospital shall either petition for a
court order pursuant to section 9.60 of the mental hygiene law, or
report in writing to the director of community services of the local
governmental unit in which the incarcerated individual is expected to
reside so that an investigation may be conducted pursuant to section
9.47 of the mental hygiene law.

4. Every incarcerated individual who has received mental health
treatment pursuant to this article within three years of his or her
anticipated release date from a state correctional facility shall be
provided with mental health discharge planning and, when necessary, an
appointment with a mental health professional in the community who can
prescribe medications following discharge and sufficient mental health
medications and prescriptions to bridge the period between discharge and
such time as such mental health professional may assume care of the
patient. Incarcerated individuals who have refused mental health
treatment may also be provided mental health discharge planning and any
necessary appointment with a mental health professional.