(i) "Director" means (a) the director of a state hospital operated by the department of mental hygiene, or (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner of mental hygiene as having adequate facilities to treat a mentally ill person or (c) the director of community mental health services or the designees of any of the foregoing. The appropriate director to whom a jailer or warden shall certify the need for involuntary care and treatment and who shall have the responsibility for such care and treatment shall be determined in accordance with rules jointly adopted by the judicial conference and the commissioner of mental hygiene.

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

(iii) "In need of involuntary care and treatment" shall mean that a person has a mental illness for which care and treatment as a patient in a hospital is essential to such person's welfare and whose judgement is so impaired that he is unable to understand the need for such care and treatment.

(iv) "Likelihood to result in serious harm" shall mean (1) substantial risk of physical harm to himself as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that he is dangerous to himself or (2) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear or serious physical harm.

(v) "Secure facility" shall mean a facility operated or licensed by the office of mental health that has been approved and designated by the commissioner of mental health to receive and retain prisoners pursuant to this section, based upon a determination by such commissioner that the physical and internal security of the facility are sufficient to protect the safety and security of staff and persons served by the facility. c. If at any time the hospital in which a prisoner is hospitalized pursuant to this subdivision determines that the prisoner is not in such state of mental health to be in need of involuntary care and treatment the prisoner shall be returned to the jail forthwith. d. If at any time the director of a hospital in which a prisoner is hospitalized pursuant to this subdivision has reason to believe that the prisoner may be an incapacitated defendant as defined in article seven hundred thirty of the criminal procedure law he shall so notify the court in which the criminal charges are pending and such court shall thereupon issue an examination order pursuant to the provisions of article seven hundred thirty of the criminal procedure law. e. Nothing in this subdivision shall prevent the release of the prisoner from custody where appropriate by recognizance, bail, or otherwise as the court may direct.