§ 402. Commitment of incarcerated individuals with a mental illness.\n1. Whenever the physician of any correctional facility, any county\npenitentiary, county jail or workhouse, any reformatory for women, or of\nany other correctional institution, shall report in writing to the\nsuperintendent that any person undergoing a sentence of imprisonment or\nadjudicated to be a youthful offender or juvenile delinquent confined\ntherein has, in his or her opinion, a mental illness, such\nsuperintendent shall apply to a judge of the county court or justice of\nthe supreme court in the county to cause an examination to be made of\nsuch person by two examining physicians. Such physicians shall be\ndesignated by the judge to whom the application is made. Each such\nphysician, if satisfied, after a personal examination, that such\nincarcerated individual has a mental illness and in need of care and\ntreatment, shall make a certificate to such effect. Before making such\ncertificate, however, he or she shall consider alternative forms of care\nand treatment available during confinement in such correctional\nfacility, penitentiary, jail, reformatory or correctional institution\nthat might be adequate to provide for such incarcerated individual's\nneeds without requiring hospitalization. If the examining physician\nknows that the person he or she is examining has been under prior\ntreatment, he or she shall, insofar as possible, consult with the\nphysician or psychologist furnishing such prior treatment prior to\nmaking his or her certificate.\n 2. In the city of New York, if the physician of a workhouse, city\nprison, jail, penitentiary or reformatory reports in writing to the\nsuperintendent of such institution that a prisoner confined therein,\nserving a sentence of imprisonment, in his or her opinion has a mental\nillness, the superintendent of said institution shall either transfer\nsaid prisoner to Bellevue or Kings county hospital for observation as to\nhis or her mental condition by two examining physicians or shall secure\ntwo examining physicians to make such examination in his institution.\nEach such physician, if satisfied after a personal examination and\nobservation that the prisoner has a mental illness and in need of care\nand treatment, shall make a certificate to such effect. Before making\nsuch certificate, however, he or she shall consider alternative forms of\ncare and treatment available during confinement in such correctional\nfacility, penitentiary, jail, reformatory or correctional institution\nthat might be adequate to provide for such incarcerated individual's\nneeds without requiring hospitalization. If the examining physician\nknows that the person he or she is examining has been under prior\ntreatment, he or she shall, insofar as possible, consult with the\nphysician or psychologist furnishing such prior treatment prior to\nmaking his or her certificate.\n 3. Upon such certificates of the examining physicians being so made,\nit shall be delivered to the superintendent who shall thereupon apply by\npetition forthwith to a judge of the county court or justice of the\nsupreme court in the county, annexing such certificate to his or her\npetition, for an order committing such incarcerated individual to a\nhospital for persons with a mental illness. Upon every such application\nfor such an order of commitment, notice thereof in writing, of at least\nfive days, together with a copy of the petition, shall be served\npersonally upon the alleged person with a mental illness, and in\naddition thereto such notice and a copy of the petition shall be served\nupon either the wife, the husband, the father or mother or other nearest\nrelative of such alleged person with a mental illness, if there be any\nsuch known relative within the state; and if not, such notice shall be\nserved upon any known friend of such alleged person with a mental\nillness within the state. If there be no such known relative or friend\nwithin the stat
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