N.Y. Correct. Law § 133

§ 133. Superintendent to report concerning incarcerated individual\nbelieved mentally ill when crime was committed. Whenever the\nsuperintendent of a correctional facility shall have reason to believe\nthat any incarcerated individual in the facility was mentally ill at the\ntime he or she committed the offense for which he or she was sentenced,\nsuch superintendent shall communicate in writing to the commissioner of\ncorrection his or her reason for such opinion, and shall refer the\ncommissioner of correction to all the sources of information with which\nhe or she may be acquainted in relation to the mental illness of such\nincarcerated individual. The commissioner of correction shall then\ntransmit such opinion and information to the governor with his or her\nrecommendations thereon.\n