§ 508. Removal of sick prisoners from jail. 1. A sheriff, in his or\nher discretion, may by written order permit incarcerated individuals\nconfined in a local correctional facility to receive medical diagnosis\nand treatment in outside hospitals, upon the determination that such\noutside treatment and diagnosis is necessary by reason of inadequate\nfacilities within the local correctional facility. Such incarcerated\nindividuals shall remain under the jurisdiction and in the custody of\nsaid sheriff while in a hospital, other than a secure facility, as such\nterm is defined in paragraph b of subdivision two of this section, and\nsaid sheriff shall enforce proper measures in each case to safely\nmaintain such jurisdiction and custody.\n 2. a. If a physician to a jail or in case of a vacancy a physician\nacting as such and the warden or jailer certify in writing that a\nprisoner confined in a jail, either in a civil cause or upon a criminal\ncharge, is in such a state of mental health that he or she is in need of\ninvoluntary care and treatment and in their opinion should be removed to\na psychiatric hospital for treatment, the warden or jailer shall\nimmediately notify the director who shall have the responsibility for\nproviding treatment for such prisoner. If such director after\nexamination of the prisoner by an examining physician designated by him\nor her shall determine that such prisoner is in need of involuntary care\nand treatment, the director shall file an application for the\ninvoluntary hospitalization of such prisoner pursuant to article nine of\nthe mental hygiene law in a hospital or secure facility, as defined in\nparagraph b of this subdivision, operated by the office of mental health\nor in the case of a prisoner confined in a jail in a city or county\nwhich maintains or operates a general hospital containing a psychiatric\nprison ward approved by the office of mental health to such prison ward\nfor care and treatment or to any other psychiatric hospital if such\nprison ward is filled to capacity. Such application shall be supported\nby the certificate of two physicians in accordance with the requirements\nof section 9.27 of the mental hygiene law and thereupon such prisoner\nshall be admitted forthwith to the hospital or secure facility in which\nsuch application is filed, and the procedures of the mental hygiene law\ngoverning the hospitalization of such prisoner. The jailer or warden\nhaving custody of the prisoner shall deliver the prisoner to the\nhospital or secure facility with which the director has filed the\napplication. If such jailer or warden shall certify that such prisoner\nhas a mental illness which is likely to result in serious harm to\nhimself, herself or others and for which care in a psychiatric hospital\nis appropriate such jailer or warden shall effect the admission of such\nprisoner to a hospital or secure facility forthwith in accordance with\nthe provisions of section 9.37 or 9.39 of the mental hygiene law and the\nhospital shall admit such prisoner. Upon admission of the prisoner,\npursuant to section 9.37 or 9.39 of the mental hygiene law, the jailer\nor warden shall notify the director, the prisoner's attorney, and his or\nher family, where information about the family is available. While the\nprisoner is in the hospital, other than a secure facility, he or she\nshall remain in the custody under sufficient guard of the jailer or\nwarden in charge of the jail from which he or she came. When the\nprisoner is in a secure facility, the jailer or warden may transfer\ncustody of the incarcerated individual to the commissioner of mental\nhealth, pursuant to an agreement between such jailer or warden and such\ncommissioner. A prisoner admitted to a psychiatric hospital pursuant to\nsection 9.27, 9.37 or 9.39 of the mental hygiene law may be retained at\nthe hospital or secure facility pursuant to the provisions of the mental\nhygiene law until he or she has improved sufficiently in his
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