Whenever the superintendent of a correctional facility shall have reason to believe that any incarcerated individual in the facility was mentally ill at the time he or she committed the offense for which he or she was sentenced, such superintendent shall communicate in writing to the commissioner of correction his or her reason for such opinion, and shall refer the commissioner of correction to all the sources of information with which he or she may be acquainted in relation to the mental illness of such incarcerated individual. The commissioner of correction shall then transmit such opinion and information to the governor with his or her recommendations thereon.
N.Y. Correct. Law § 133