and whenever any such convict shall be transferred to any penal institution, from such hospital, as hereinbefore provided, the medical superintendent shall deliver to the warden, or superintendent in charge of such institution, such original certificate, which shall be filed in the clerk's office of the same. (As amended by chapter 121 of the Laws of 1912.) § 163. Communications with patients. No person not authorized by law or by written permission from the superintendent of state prisons shall visit the Dannemora State Hospital, or communicate with any patient therein, without the consent of the medical superintendent; nor without such consent shall any person bring into or convey out of the Dannemora State Hospital any letter or writing to or from any patient; nor shall any letter or writing be delivered to a patient, or if written by a patient, be sent from the Dannemora State Hospital, until the same shall have been examined and read by the medical superintendent or some other officer of the hospital duly authorized by the medical superintendent. But communications addressed by such patient to the county judge or district attorney of the county from which he was sentenced, shall be forwarded, after examination by such medical superintendent, to their destination. (As amended by chapter 121 of the Laws of 1912.) ARTICLE VIII.* Psychiatric Institute. Section 170. Psychiatric Institute. 171. Maintenance of institute. 172. Director of institute; residence and maintenance of staff. 173-176.** § 170. Psychiatric Institute. The pathological institute heretofore established by the commission in connection with the Manhattan State Hospital on Ward's island is hereby continued * Renumbered by chapter 59, Laws of 1912. and shall hereafter be known as the Psychiatric Institute. The object of such institute shall be the making of psychiatric and pathological researches and investigations, and the giving of instruction to the members of the medical staffs of the several state hospitals for the insane. Such institute shall be under the general supervision and control of the commission. (As amended by chapter 289 of the Laws of 1910.) § 171. Maintenance of institute. Such institute shall be maintained by the commission as part of the state hospital system, from appropriations obtained for such purpose. (As amended by chapter 289 of the Laws of 1910, and by chapter 121 of the Laws of 1912.) § 172. Director of institute; residence and maintenance of staff. The director of such institute shall be appointed by the commission, after a special civil service examination therefor. He shall perform, under the direction of the commission, such duties relating to psychiatric and pathological research and the instruction of medical staffs of the several state hospitals, and such other duties as may be required by the commission. He shall have the supervision and control of such institute and of the physicians and others employed therein, subject to the general direction, supervision and control of the commission as provided in this article. He shall receive an annual salary to be fixed by the commission, subject to the approval of the governor. The state hospitals shall co-operate with the institute. in such manner as the commission may from time to time direct. The director shall reside and have his office upon Ward's Island, New York city, and he shall be furnished a residence and maintenance for himself and family as provided by law in the case of the superintendents of state hospitals. The physicians of the staff of such institute shall, if required by the commission, reside upon Ward's Island, and shall be furnished with rooms and maintenance as provided by law for assistant physicians in state hospitals. (As amended by chapter 289 of the Laws of 1910 and chapter 121 of the Laws of 1912.) § 173. The judge of a court of record in the county or district where an alleged inebriate resides, or a judge of any court of record, may commit such person to any private licensed institution for the insane, in the manner hereinafter provided, upon a proper application and upon the consent in writing of the trustees, signed by their superintendent or executive officer, upon the certificates in writing made, executed and verified by at least two physicians, qualified to act as medical examiners in lunacy, showing that such person is over the age of eighteen years, and is incapable or unfit to properly conduct himself or herself, or his or her affairs, or is dangerous to himself or herself or others by reason of periodical, frequent or constant drunkenness, induced either by the use of alcoholic or other liquors, or of opium, morphine, or other narcotic or intoxicating or stupefying substance. Such certificate must further show that such person is in actual need of special care and treatment, and that his condition is such that his detention, care and treatment in such institution would be likely to effect a cure. Such certificate shall also specifically state the facts and circumstances upon which the judgment of each physician is based and shall show the result of such examination. It must appear upon the face of such certificate that each physician executing the same has made a personal examination of the person alleged to be an inebriate, and that such an examination has been made within ten days prior to the application for the commitment. (As added by chapter 526 of the Laws of 1913.) $174. The husband or wife, father or mother, brother or sister, or the child or committee of an alleged inebriate may apply for an order committing such person to the said licensed private institution for the insane, by presenting a brief petition containing a statement of the facts because of which the application for the order is made. Such petition shall be accompanied by the certificate of the physicians and the consent of the trustees as prescribed in the preceding section. Notice of the time and place of making such application shall be served personally upon the alleged inebriate at least three days before the date therein specified upon which the application will be made. A copy of the petition shall be served with such notice. The judge or justice before whom such application is made shall, in his discretion, direct the service personally or by mail of a like notice upon the husband or wife, father or mother, or next of kin, of such alleged inebriate. At the time and place mentioned in such notice or at such other time or place as the judge or justice may designate, said judge or justice shall proceed to hear the testimony introduced for and against such application, and may examine the alleged inebriate if deemed advisable. Such judge or justice may, in his discretion, require proofs in addition to the petition and certificates of the physicians. If, from the facts ascertained upon the hearing, the proofs produced, and the petition and. certificates presented, the judge or justice shall determine that such person is an inebriate, or that he is so addicted to the use of opium, morphine or other narcotic or intoxicating or stupefying substance, and his condition is such that his detention in such institution would promote his interests and improve his health, he shall grant an order committing such person to such institution, to be detained therein for a period not exceeding twelve months, or for such period less than twelve months as may be necessary in the judgment of the physician in charge of such institution for the proper treatment and cure of such person, or until discharged therefrom prior to the expiration of such period, as hereinafter provided. The physician in charge may grant a parole to a patient not exceeding six months. (As added by chapter 526 of the Laws of 1913.) § 175. A person committed pursuant to this act or any relative or friend in his or her behalf may, within thirty days after any order of commitment is granted as provided in the preceding section, apply to a justice of the supreme court other than the justice making the commitment for a review of such order. Such justice shall thereupon cause a jury to be summoned as in the case of the proceedings for the appointment of the committee for an insane person, and shall try the question of the inebriety of such person in the manner provided by law for the proceedings for the appointment of such committee. If the verdict of the jury be that such person is an inebriate, such justice of the supreme court to whom such application was made shall certify that fact and commit such person to the care and custody of the said institution. Proceedings under the commitment shall not be stayed pending an appeal therefrom, except upon an order of a justice of the supreme court made upon notice and after a hearing, containing a provision for such temporary care or confinement of the alleged inebriate as may be deemed necessary. Upon the refusal of a judge to grant an application for the commitment of an alleged inebriate he shall state his reasons for such refusal in writing, and the person making the application may apply to a justice of the supreme court in the manner specified in this section where an application is made in behalf of the alleged inebriate, and a commitment may be had after an appeal by a jury as provided herein. (As added by chapter 526 of the Laws of 1913.) § 176. A person who has been committed to such institution is entitled to a writ of habeas corpus upon a proper application made by him or her or by any relative or friend in his or her behalf; upon the return of such writ, the fact of the inebriety of such person and the reasons for his or her further detention in such institution shall be inquired into. The superintendent or executive, or the medical officer in charge of such institution, or any proper person, may be sworn and examined, as to the mental and physical condition of such person. If it appears upon such hearing that such person may properly be discharged, the judge or justice before whom the hearing is had shall so direct; but if it shall appear that the condition of such person is such as to render further treatment desirable, such person shall be remanded to the care and custody of such institution. (As added by chapter 526 of the Laws of 1913.) ARTICLE IX.* Laws Repealed; When to Take Effect. Section 190. Laws repealed. 191. When to take effect. § 190. Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 191. When to take effect. This chapter shall take effect immediately. * Renumbered by chapter 59, Laws of 1912. |