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This entry was published on 2014-09-22
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Habeas corpus
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 33
§ 33.15 Habeas corpus.

(a) A person retained by a facility or the department or a relative or
friend on his behalf is entitled to a writ of habeas corpus to question
the cause and legality of detention upon proper application.

(b) Upon the return of such a writ of habeas corpus, the court shall
examine the facts concerning the person's alleged mental disability and
detention. The evidence shall include the clinical record of the patient
and medical or other testimony as required by the court. The court may
review the admission and retention of the person pursuant to the
provisions of this chapter. The court shall discharge the person so
retained if it finds that he is not mentally disabled or that he is not
in need of further retention for in-patient care and treatment.

(c) In a subsequent application for a writ, any party to the
proceeding may introduce evidence or records from a prior hearing or
trial and such records shall have the same force and effect as
testimonial evidence.

(d) The application for a writ of habeas corpus and the proceedings
upon it shall follow the procedure set forth in article seventy of the
civil practice law and rules.

(e) The director of the facility where the person is detained shall
forthwith notify the mental hygiene legal service of any such
application for a writ and provide it with information as to the case.