Bill Text: NY A04997 | 2019-2020 | General Assembly | Introduced
Bill Title: Eliminates the alternative of strict and intensive supervision and treatment for sex offenders requiring civil management.
Spectrum: Moderate Partisan Bill (Republican 16-2)
Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A04997 Detail]
Download: New_York-2019-A04997-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4997 2019-2020 Regular Sessions IN ASSEMBLY February 6, 2019 ___________ Introduced by M. of A. RAIA, BARCLAY, CROUCH, GIGLIO, McDONOUGH, MORI- NELLO, WILLIAMS, NORRIS, D'URSO, MONTESANO, LAWRENCE, PALUMBO -- Multi-Sponsored by -- M. of A. PALMESANO -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to eliminating the alternative of strict and intensive supervision and treatment for sex offenders requiring civil management; and to repeal section 10.11 of the mental hygiene law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (c) of section 10.01 of the mental hygiene law, 2 as added by chapter 7 of the laws of 2007, is amended to read as 3 follows: 4 (c) That [for other sex offenders, it can be effective and appropriate5to provide treatment in a regimen of strict and intensive outpatient6supervision. Accordingly, civil commitment should be only one element in7a range of responses to the need for treatment of sex offenders. The] 8 the goal of a comprehensive system should be to protect the public, 9 reduce recidivism, and ensure offenders have access to proper treatment. 10 § 2. Subdivisions (q), (r) and (s) of section 10.03 of the mental 11 hygiene law, as added by chapter 7 of the laws of 2007, are amended to 12 read as follows: 13 (q) "Sex offender requiring civil management" means a detained sex 14 offender who suffers from a mental abnormality. A sex offender requiring 15 civil management can, as determined by procedures set forth in this 16 article, be [either (1)] a dangerous sex offender requiring confinement 17 [or (2) a sex offender requiring strict and intensive supervision]. 18 (r) ["Sex offender requiring strict and intensive supervision" means a19detained sex offender who suffers from a mental abnormality but is not a20dangerous sex offender requiring confinement.EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07969-01-9A. 4997 2 1(s)] "Sexually motivated" means that the act or acts constituting a 2 designated felony were committed in whole or in substantial part for the 3 purpose of direct sexual gratification of the actor. 4 § 3. Subdivision (f) of section 10.07 of the mental hygiene law, as 5 added by chapter 7 of the laws of 2007, is amended to read as follows: 6 (f) If the jury, or the court if a jury trial is waived, determines 7 that the respondent is a detained sex offender who suffers from a mental 8 abnormality, then the court shall consider whether the respondent is a 9 dangerous sex offender requiring confinement [or a sex offender requir-10ing strict and intensive supervision]. The parties may offer additional 11 evidence, and the court shall hear argument, as to that issue. If the 12 court finds by clear and convincing evidence that the respondent has a 13 mental abnormality involving such a strong predisposition to commit sex 14 offenses, and such an inability to control behavior, that the respondent 15 is likely to be a danger to others and to commit sex offenses if not 16 confined to a secure treatment facility, then the court shall find the 17 respondent to be a dangerous sex offender requiring confinement. In such 18 case, the respondent shall be committed to a secure treatment facility 19 for care, treatment, and control until such time as he or she no longer 20 requires confinement. [If the court does not find that the respondent is21a dangerous sex offender requiring confinement, then the court shall22make a finding of disposition that the respondent is a sex offender23requiring strict and intensive supervision, and the respondent shall be24subject to a regimen of strict and intensive supervision and treatment25in accordance with section 10.11 of this article.] In making a finding 26 [of disposition], the court shall consider [the conditions that would be27imposed upon the respondent if subject to a regimen of strict and inten-28sive supervision, and] all available information about the prospects for 29 the respondent's possible re-entry into the community. 30 § 4. Subdivision (g) of section 10.08 of the mental hygiene law, as 31 added by chapter 7 of the laws of 2007, is amended to read as follows: 32 (g) In preparing for or conducting any hearing or trial pursuant to 33 the provisions of this article, and in preparing any petition under the 34 provisions of this article, the respondent shall have the right to have 35 counsel represent him or her, provided that the respondent shall not be 36 entitled to appointment of counsel prior to the time provided in section 37 10.06 of this article. The attorney general shall represent the state. 38 Any relevant written reports of psychiatric examiners shall be admissi- 39 ble, regardless of whether the author of the report is called to testi- 40 fy, so long as they are certified pursuant to subdivision (c) of rule 41 forty-five hundred eighteen of the civil practice law and rules, in any 42 proceeding or hearing held pursuant to subdivision (g) or (h) of section 43 10.06 of this article[, paragraph two of subdivision (a), or paragraph44four of subdivision (d), or subdivision (e), (g) or (h) of section 10.1145of this article]. In all other proceedings or hearings held pursuant to 46 this article, such admissibility shall require a showing of the author's 47 unavailability to testify, or other good cause. All plea minutes and 48 prior trial testimony from the underlying criminal proceeding, and 49 records from previous proceedings under this article, shall be admissi- 50 ble. Each witness, whether called by the attorney general or the 51 respondent, must, unless he or she would be authorized to give unsworn 52 evidence at a trial, testify under oath, and may be cross-examined. The 53 respondent may, as a matter of right, testify in his or her own behalf, 54 call and examine other witnesses, and produce other evidence in his or 55 her behalf. The respondent may not, however, cause a subpoena to be 56 served on the person against whom the sex offense was committed orA. 4997 3 1 alleged to have been committed by the respondent, except upon order of 2 the court for good cause shown. Either party may request closure of the 3 courtroom, or sealing of papers, for good cause shown. 4 § 5. Subdivisions (e), (f) and (h) of section 10.09 of the mental 5 hygiene law, as added by chapter 7 of the laws of 2007, are amended to 6 read as follows: 7 (e) If, at any time, the commissioner determines that the respondent 8 no longer is a dangerous sex offender requiring confinement, the commis- 9 sioner shall petition the court for discharge of the respondent [or for10the imposition of a regimen of strict and intensive supervision and11treatment]. The petition shall be served upon the attorney general and 12 the respondent, and filed in the supreme or county court where the 13 person is located. The court, upon review of the petition, shall either 14 order the requested relief or order that an evidentiary hearing be held. 15 (f) The respondent may at any time petition the court for discharge 16 [and/or release to the community under a regimen of strict and intensive17supervision and treatment]. Upon review of the respondent's petition, 18 other than in connection with annual reviews as described in subdivi- 19 sions (a), (b) and (d) of this section, the court may order that an 20 evidentiary hearing be held, or may deny an evidentiary hearing and deny 21 the petition upon a finding that the petition is frivolous or does not 22 provide sufficient basis for reexamination prior to the next annual 23 review. If the court orders an evidentiary hearing under this subdivi- 24 sion, the attorney general shall have the burden of proof as to whether 25 the respondent is currently a dangerous sex offender requiring confine- 26 ment. 27 (h) At the conclusion of an evidentiary hearing, if the court finds by 28 clear and convincing evidence that the respondent is currently a danger- 29 ous sex offender requiring confinement, the court shall continue the 30 respondent's confinement. [Otherwise the court, unless it finds that the31respondent no longer suffers from a mental abnormality, shall issue an32order providing for the discharge of the respondent to a regimen of33strict and intensive supervision and treatment pursuant to section 10.1134of this article.] 35 § 6. Section 10.11 of the mental hygiene law is REPEALED. 36 § 7. This act shall take effect on the thirtieth day after it shall 37 have become a law.
