430 - Establishment and purpose of state institutions for the retarded in the department of correction.

§  430.  Establishment  and  purpose  of  state  institutions  for the  retarded  in  the  department  of  correction.  1.  The  department   of  correction  may  maintain  one  or  more institutions to be used for the  purpose of the care, treatment, training and  custody  of  persons  over  sixteen  years  of age who are found to be mental defectives and who are  committed thereto or placed therein as provided in this article.    2. The commissioner of correction may  continue  to  maintain,  as  an  institution for such purpose, any institution operated by the department  pursuant to former articles sixteen-A, seventeen and seventeen-A of this  chapter  as  authorized and required prior to the effective date of this  act, and may add to or close any such institution, and may establish and  maintain one or more new institutions for such  purpose,  in  accordance  with  the  needs of the department, provided any such action, other than  the continuance of such formerly authorized institutions, is approved by  the commissioner of mental hygiene, and provided that  expenditures  are  within amounts made available therefor by appropriation.    3.   The   commissioner  of  correction  shall  promulgate  rules  and  regulations designating the name and location of each institution to  be  used  for such purpose and the sex, age range and other factors relevant  to the classifications of persons who may be received therein. A copy of  such rules and regulations shall be transmitted to  the  clerk  of  each  court  having  jurisdiction to make a commitment under this article, and  persons committed, placed or transferred as  provided  in  this  article  shall be delivered to the proper institution as designated in such rules  and regulations.    4.  Wherever  reference  has  been  or  hereafter  will be made in any  statute, judgment, sentence, commitment, court order or otherwise to the  Beacon  state  institution,  Eastern   correctional   institution,   the  institution  for  male  defective  delinquents at Napanoch, or to Albion  state training school or the institution for mentally defective women at  Albion, or to an institution for  the  retarded  in  the  department  of  correction,  such  reference shall be deemed to be to and to include any  institution designated in the rules and regulations  of  the  department  pursuant to this section.    5. The commissioner of correction shall have power to transfer inmates  from  one  such  institution  to  another  and  the  provisions  of  law  applicable to transfers between correctional facilities shall  apply  to  any  transfer  between institutions for the retarded that may be ordered  by the commissioner.    6. Any institution to be continued or to be  established  pursuant  to  this  section  shall  be subject to the visitation and inspection of the  state commission of correction and the head of the department of  mental  hygiene and their authorized representatives.    7. An institution for the retarded may be maintained or established in  the  same  building  or on the same premises as any other institution in  the department  and  the  commissioner  of  correction  may  provide  by  regulation  for  the  use  of  any part of such other institution in the  department by persons  confined  in  an  institution  for  the  retarded  continued  or  established  pursuant  to  this section, but such persons  shall at all times be kept separate and apart from the inmates  of  such  other institution.