§ 7.09 Powers of the office and commissioner; how exercised.\n (a) The commissioner shall exercise all powers vested in the office.\nHe may delegate any function, power, or duty assigned to him or to the\noffice of mental health to a director of a facility operated by such\noffice or to any other officer or employee of such office, unless\notherwise provided by law. He may enter into agreements with the\nexecutive director of the justice center for the protection of people\nwith special needs or the other commissioners of the department in order\nto ensure that programs and services are provided for all of the\nmentally disabled.\n (b) The commissioner may adopt regulations necessary and proper to\nimplement any matter under his jurisdiction. Proposed rules and\nregulations shall be submitted at least sixty days prior to action\nthereon to the mental health services council for its advice, in\naccordance with section 7.05 of this chapter, unless the commissioner\nfinds that the public health, safety or general welfare requires that\nsuch submission be dispensed with.\n (c) The commissioner shall administer the forensic psychiatric program\nof the office. Commitments to the commissioner of mental hygiene\npursuant to the provisions of the criminal procedure law and the\ncorrection law shall be deemed to be commitments to the custody of the\ncommissioner of mental health or the commissioner of developmental\ndisabilities, as appropriate. The commissioner of mental health shall\narrange with the commissioner of developmental disabilities for the\nplacement, where appropriate, of any such committed person in a school.\n (d) The commissioner and directors of office facilities may request\nand upon such request the coroner, coroner's physician or medical\nexaminer shall provide to such persons access to original autopsy\nslides, tissue materials and specimens derived from any autopsy or\ninquiry with respect to the death of a patient or resident in a mental\nhygiene facility, as defined in subdivision two of section five hundred\nfifty of the executive law. Such original materials shall be preserved\nintact, except for unavoidable changes due to necessary scientific\ntesting, and shall be returned to the coroner, coroner's physician or\nmedical examiner.\n (e) The commissioner shall accept custody of a juvenile under an order\nissued by the family court pursuant to the provisions of section 322.2\nof the family court act. He or she may place the juvenile in any\nappropriate facility or program under his or her jurisdiction, but he or\nshe shall comply with any order requiring treatment in a residential\nfacility made pursuant to paragraph (c) of subdivision five of section\n322.2 of the family court act, unless, after a hearing held in\naccordance with subdivision seven of section 322.2 of the family court\nact, the court modifies the order. In determining the appropriate\nplacement, the commissioner shall be furnished with a copy of the\nfindings of the court pursuant to subdivision four or five of section\n322.2 of the family court act and shall consider the nature of the act\nalleged in such findings and the level of the juvenile's mental\ndisability. The commissioner shall review the condition of the juvenile\nin accordance with the requirements of section 322.2 of the family court\nact and he or she may petition the family court at any time for any\nrelief authorized by such section.\n (f) The commissioner may approve special employment programs which are\noperated by facilities within the office of mental health, for purposes\nof producing products and services for procurement by the state or any\ngovernmental agency, political subdivision or public benefit corporation\nthereof, in accordance with the provisions of sections one hundred\nseventy-five-a and one hundred seventy-five-b of the state finance law.\nThe term "special employment program" shall have the same meaning as\nsuch term is defined in section one hundred
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