N.Y. MHY Law § 67.08

§ 67.08 Patient transfer to foreign nation.\n (a) The commissioner, or his or her designee, shall have the sole and\nabsolute authority to approve or disapprove a patient application for\ntransfer to a foreign nation pursuant to the Council of Europe\nConvention on the Transfer of Sentenced Persons (COE) or other\napplicable international treaty, where:\n (1) Such applicant has been committed to and placed in the custody of\nthe department upon a verdict of not responsible by reason of mental\ndisease or defect pursuant to section 330.20 of the criminal procedure\nlaw;\n (2) Such applicant has indicated a willingness and desire for transfer\nto a foreign nation in writing on a form prescribed by the commissioner\nor, the commissioner at the request of a patient's legal guardian or\nattorney can indicate a desire for transfer if the patient is unable to\nindicate their willingness and desire on their own; and\n (3) The transfer nation is either a "treaty nation" under the COE or\nany other nation with which the United States has a prisoner transfer\ntreaty that permits the transfer of persons committed to psychiatric\ninstitutions after a verdict of not responsible by reason of mental\ndisease or defect.\n (b) If a request for transfer is approved by the commissioner, or his\nor her designee, facility staff shall assist in the preparation and\nsubmission of all materials and forms necessary to effectuate the\nperson's request for transfer to the United States department of justice\nfor purposes of finalization of the transfer process, including a\nverification proceeding before a United States district court judge,\nUnited States magistrate or other appointed United States official to\nassure and document the applicant's voluntary request for transfer.\n (c) The commissioner shall promulgate rules and regulations setting\nforth the procedures to notify patients and where applicable, their\nlegal guardian or attorney, of their rights under this section and the\nprocedure by which a patient may apply to be considered for transfer to\na foreign nation. Nothing herein shall be construed to confer upon a\npatient a right to be transferred to a foreign nation.\n