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.