N.Y. Correct. Law § 404

§ 404. Disposition of mentally ill inmates upon release to parole,\nconditional release, or expiration of sentence. 1. Whenever an inmate\ncommitted to a hospital in the department of mental hygiene or whenever\nan inmate is examined in anticipation of his or her conditional release,\nrelease to parole supervision, or when his or her sentence to a term of\nimprisonment expires and such inmate shall continue to be mentally ill\nand in need of care and treatment at the time of his or her conditional\nrelease, release to parole supervision, or when his or her sentence to a\nterm of imprisonment expires, the director of the hospital or the\nsuperintendent of a correctional facility may apply for the person's\nadmission to a hospital for the care and treatment of the mentally ill\nin the department of mental hygiene pursuant to article nine of the\nmental hygiene law, or alternatively, the commissioner may apply for the\nperson's admission to a secure treatment facility pursuant to article\nten of the mental hygiene law.\n 2. The director may discharge any inmate at the expiration of the term\nfor which he was sentenced who is still mentally ill, but who, in the\nopinion of the director, is reasonably safe to be at large. Such\ndischarged inmate shall be entitled to suitable clothing adapted to the\nseason in which he is discharged, and if it cannot be otherwise\nobtained, the business officer, or other officer having like duties\nshall, upon the order of the director, or of the commissioner of mental\nhygiene, as the case may be, furnish the same, and money in an amount to\nbe fixed by such commissioner with the approval of the director of the\nbudget, to defray his expenses until he can reach his relatives or\nfriends, or find employment to earn a subsistence.\n 3. Within a reasonable period prior to discharge of an inmate\ncommitted from a state correctional facility from a hospital in the\ndepartment of mental hygiene to the community, the director shall ensure\nthat a clinical assessment has been completed to determine whether the\ninmate meets the criteria for assisted outpatient treatment pursuant to\nsubdivision (c) of section 9.60 of the mental hygiene law. If, as a\nresult of such assessment, the director determines that the inmate meets\nsuch criteria, prior to discharge the director of the hospital shall\neither petition for a court order pursuant to section 9.60 of the mental\nhygiene law, or report in writing to the director of community services\nof the local governmental unit in which the inmate is expected to reside\nso that an investigation may be conducted pursuant to section 9.47 of\nthe mental hygiene law.\n