N.Y. MHY Law § 10.03 — New York Code / Act MHY / Title B / Article 10 / Section 10.03
Definitions
Status: in_force

§ 10.03 Definitions.\n  As used in this article, the following terms shall have the following\nmeanings:\n  (a) "Agency with jurisdiction" as to a person means that agency which,\nduring the period in question, would be the agency responsible for\nsupervising or releasing such person, and can include the department of\ncorrections and community supervision, the office of mental health, and\nthe office for people with developmental disabilities.\n  (b) "Commissioner" means the commissioner of mental health or the\ncommissioner of developmental disabilities.\n  (c) "Correctional facility" means a correctional facility as that term\nis defined in section two of the correction law.\n  (d) "Counsel for respondent" means any counsel that has been retained\nor appointed for respondent, or if no other counsel has been retained or\nappointed, or prior counsel cannot be located with reasonable efforts,\nthen the mental hygiene legal service.\n  (e) "Dangerous sex offender requiring confinement" means a person who\nis a detained sex offender suffering from a mental abnormality involving\nsuch a strong predisposition to commit sex offenses, and such an\ninability to control behavior, that the person is likely to be a danger\nto others and to commit sex offenses if not confined to a secure\ntreatment facility.\n  (f) "Designated felony" means any felony offense defined by any of the\nfollowing provisions of the penal law: assault in the second degree as\ndefined in section 120.05, assault in the first degree as defined in\nsection 120.10, gang assault in the second degree as defined in section\n120.06, gang assault in the first degree as defined in section 120.07,\nstalking in the first degree as defined in section 120.60, strangulation\nin the second degree as defined in section 121.12, strangulation in the\nfirst degree as defined in section 121.13, manslaughter in the second\ndegree as defined in subdivision one of section 125.15, manslaughter in\nthe first degree as defined in section 125.20, murder in the second\ndegree as defined in section 125.25, aggravated murder as defined in\nsection 125.26, murder in the first degree as defined in section 125.27,\nkidnapping in the second degree as defined in section 135.20, kidnapping\nin the first degree as defined in section 135.25, burglary in the third\ndegree as defined in section 140.20, burglary in the second degree as\ndefined in section 140.25, burglary in the first degree as defined in\nsection 140.30, arson in the second degree as defined in section 150.15,\narson in the first degree as defined in section 150.20, robbery in the\nthird degree as defined in section 160.05, robbery in the second degree\nas defined in section 160.10, robbery in the first degree as defined in\nsection 160.15, promoting prostitution in the second degree as defined\nin section 230.30, promoting prostitution in the first degree as defined\nin section 230.32, compelling prostitution as defined in section 230.33,\nsex trafficking of a child as defined in section 230.34-a, disseminating\nindecent material to minors in the first degree as defined in section\n235.22, use of a child in a sexual performance as defined in section\n263.05, promoting an obscene sexual performance by a child as defined in\nsection 263.10, promoting a sexual performance by a child as defined in\nsection 263.15, or any felony attempt or conspiracy to commit any of the\nforegoing offenses.\n  (g) "Detained sex offender" means a person who is in the care,\ncustody, control, or supervision of an agency with jurisdiction, with\nrespect to a sex offense or designated felony, in that the person is\neither:\n  (1) A person who stands convicted of a sex offense as defined in\nsubdivision (p) of this section, and is currently serving a sentence\nfor, or subject to supervision by the division of parole, whether on\nparole or on post-release supervision, for such offense or for a related\noffense;\n  (2) A person charged with a sex offense who has been determined to be\nan incapacitated person with respect to that offense and has been\ncommitted pursuant to article seven hundred thirty of the criminal\nprocedure law, but did engage in the conduct constituting such offense;\n  (3) A person charged with a sex offense who has been found not\nresponsible by reason of mental disease or defect for the commission of\nthat offense;\n  (4) A person who stands convicted of a designated felony that was\nsexually motivated and committed prior to the effective date of this\narticle;\n  (5) A person convicted of a sex offense who is, or was at any time\nafter September first, two thousand five, a patient in a hospital\noperated by the office of mental health, and who was admitted directly\nto such facility pursuant to article nine of this title or section four\nhundred two of the correction law upon release or conditional release\nfrom a correctional facility, provided that the provisions of this\narticle shall not be deemed to shorten or lengthen the time for which\nsuch person may be held pursuant to such article or section\nrespectively; or\n  (6) A person who has been determined to be a sex offender requiring\ncivil management pursuant to this article.\n  (h) "Licensed psychologist" means a person who is registered as a\npsychologist under article one hundred fifty-three of the education law.\n  (i) "Mental abnormality" means a congenital or acquired condition,\ndisease or disorder that affects the emotional, cognitive, or volitional\ncapacity of a person in a manner that predisposes him or her to the\ncommission of conduct constituting a sex offense and that results in\nthat person having serious difficulty in controlling such conduct.\n  (j) "Psychiatric examiner" means a qualified psychiatrist or a\nlicensed psychologist who has been designated to examine a person\npursuant to this article; such designee may, but need not, be an\nemployee of the office of mental health or the office for people with\ndevelopmental disabilities.\n  (k) "Qualified psychiatrist" means a physician licensed to practice\nmedicine in New York state who: (1) is a diplomate of the American board\nof psychiatry and neurology or is eligible to be certified by that\nboard; or (2) is certified by the American osteopathic board of\nneurology and psychiatry or is eligible to be certified by that board.\n  (l) "Related offenses" include any offenses that are prosecuted as\npart of the same criminal action or proceeding, or which are part of the\nsame criminal transaction, or which are the bases of the orders of\ncommitment received by the department of correctional services in\nconnection with an incarcerated individual's current term of\nincarceration.\n  (m) "Release" and "released" means release, conditional release or\ndischarge from confinement, from community supervision by the department\nof corrections and community supervision, or from an order of\nobservation, commitment, recommitment or retention.\n  (n) "Respondent" means a person referred to a case review team for\nevaluation, a person as to whom a sex offender civil management petition\nhas been recommended by a case review team and not yet filed, or filed\nby the attorney general and not dismissed, or sustained by procedures\nunder this article.\n  (o) "Secure treatment facility" means a facility or a portion of a\nfacility, designated by the commissioner, that may include a facility\nlocated on the grounds of a correctional facility, that is staffed with\npersonnel from the office of mental health or the office for people with\ndevelopmental disabilities for the purposes of providing care and\ntreatment to persons confined under this article, and persons defined in\nparagraph five of subdivision (g) of this section. Personnel from these\nsame agencies may provide security services, provided that such staff\nare adequately trained in security methods and so equipped as to\nminimize the risk or danger of escape.\n  (p) "Sex offense" means an act or acts constituting: (1) any felony\ndefined in article one hundred thirty of the penal law, including a\nsexually motivated felony; (2) patronizing a person for prostitution in\nthe first degree as defined in section 230.06 of the penal law,\naggravated patronizing a minor for prostitution in the first degree as\ndefined in section 230.13 of the penal law, aggravated patronizing a\nminor for prostitution in the second degree as defined in section 230.12\nof the penal law, aggravated patronizing a minor for prostitution in the\nthird degree as defined in section 230.11 of the penal law, incest in\nthe second degree as defined in section 255.26 of the penal law, or\nincest in the first degree as defined in section 255.27 of the penal\nlaw; (3) a felony attempt or conspiracy to commit any of the foregoing\noffenses set forth in this subdivision; or (4) a designated felony, as\ndefined in subdivision (f) of this section, if sexually motivated and\ncommitted prior to the effective date of this article.\n  (q) "Sex offender requiring civil management" means a detained sex\noffender who suffers from a mental abnormality. A sex offender requiring\ncivil management can, as determined by procedures set forth in this\narticle, be either (1) a dangerous sex offender requiring confinement or\n(2) a sex offender requiring strict and intensive supervision.\n  (r) "Sex offender requiring strict and intensive supervision" means a\ndetained sex offender who suffers from a mental abnormality but is not a\ndangerous sex offender requiring confinement.\n  (s) "Sexually motivated" means that the act or acts constituting a\ndesignated felony were committed in whole or in substantial part for the\npurpose of direct sexual gratification of the actor.\n