This is a proceeding wherein the State of New York moves to establish probable cause to believe that K.A. is a “sex offender requiring civil management” pursuant to Mental Hygiene Law (“MHL”) Article 10, §10.06(k). K.A. opposes the motion.
Mental Hygiene Law Article 10 provides that after a case review team, consisting of at least two mental-health professionals, finds that an individual is “a sex offender requiring civil management,” the Attorney General may file a sex offender civil management petition in Supreme Court. The petition must “contain a statement or statements alleging facts of an evidentiary character tending to support the allegation that the respondent is a sex offender requiring civil management.
After a burglary petition is filed, the act directs that Supreme Court “shall conduct a hearing without a jury to determine whether there is probable cause to believe that the respondent is a sex offender requiring civil management.”
At the conclusion of the hearing, if the court determines that probable cause has not been demonstrated, it must dismiss the petition and respondent will be released.
If, however, probable cause has been established, what will happen is as follows: “the court shall order that the respondent be committed to a secure treatment facility; the court shall set a date for trial; and, the respondent shall not be released pending the completion of such trial.”
“The jury, or the court if a jury trial is waived, shall determine by clear and convincing evidence whether the respondent is a detained sex offender who suffers from a mental abnormality. The burden of proof shall be on the attorney general. A determination, if made by the jury, must be by unanimous verdict.”
“If the jury, or the court if a jury trial is waived, determines that the respondent is a detained sex offender who suffers from a mental abnormality, then the court shall consider whether the respondent is a dangerous criminal sex offender requiring confinement or a sex offender requiring strict and intensive supervision. If the court finds by clear and convincing evidence that the respondent has a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the respondent is likely to be a danger to others and to commit sex crimes offenses if not confined to a secure treatment facility, then the court shall find the respondent to be a dangerous sex offender requiring confinement.”
To Be Cont…
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