438 - Persons who may be confined in an institution for the retarded.

§ 438. Persons who may be confined in an institution for the retarded.  1. No person shall hereafter be committed or transferred or certified to  or  placed  in  an  institution  for  the  retarded in the department of  correction except as provided in this section.    2. Any person under the care or custody of  the  state  department  of  correction who is found to be a mental defective may be committed to and  confined  in  an  institution  for  the  retarded  in  the department of  correction in accordance with the procedure set forth  in  section  four  hundred thirty-nine of this article.    3.  Any  person  confined  in  a  county  jail  or  workhouse  or in a  penitentiary under a sentence of imprisonment with a term that has  more  than  ninety  days to run, after deduction of all credits other than the  credit for good behavior  time,  or  any  person  confined  in  a  local  reformatory   under   an   alternative  local  reformatory  sentence  of  imprisonment, who is found to be a mental defective may be committed  to  and  confined  in  an  institution for the retarded in the department of  correction in accordance with the procedure set forth  in  section  four  hundred thirty-nine of this article.