§ 400. Definitions. As used in this article the following terms:

(1) "Examining physician" means a physician licensed to practice medicine in the state of New York, but who is not on the staff of the facility where the incarcerated individual is confined.

(2) "Hospital" means a hospital in the department of mental hygiene which is designated as such by the commissioner of mental hygiene for the care and treatment of mentally ill incarcerated individuals.

(3) "In immediate need of care and treatment" means that the incarcerated individual is apparently mentally ill and is not able to be properly cared for at the place where he or she is confined and is in need of immediate care and treatment in a hospital.

(4) "In need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is necessary.

(5) "Incarcerated individual" means a person committed to the custody of the department of corrections and community supervision, or a person convicted of a crime and committed to the custody of the sheriff, the county jail, or a local department of correction.

(6) "Mental illness" means an affliction with a mental disease or mental condition which is manifested by a disorder or disturbance in behavior, feeling, thinking, or judgment to such an extent that the person afflicted requires care and treatment.

(7) "Superintendent" means a superintendent of a state correctional facility or the person in charge of a local correctional facility by whatever title he may be known.