NY A08087

Authorizes the Department of Mental Health Commissioner to approve or disapprove patient applications for transfer to foreign nations under the Council of Europe Convention on the Transfer of Sentenced Persons or other applicable international treaties.

Establishes three conditions for transfer eligibility: patient must be committed to the department following a not responsible by reason of mental disease or defect verdict, must express willingness in writing (or through legal guardian/attorney if unable), and transfer nation must be a treaty nation with the United States.

Requires facility staff to assist in preparing and submitting all necessary materials and forms to the U.S. Department of Justice to finalize the transfer, including verification proceedings before a federal judge or magistrate to document the patient's voluntary request.

Directs the Commissioner to promulgate rules and regulations establishing procedures to notify patients and their legal guardians or attorneys of transfer rights and application procedures.

Clarifies that nothing in the law creates a right to transfer, only a process for consideration by the Commissioner.