§ 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.

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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 § 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 § 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 § 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.