N.Y. MHY Law § 10.10 — New York Code / Act MHY / Title B / Article 10 / Section 10.10
Treatment and confinement
Status: in_force

§ 10.10 Treatment and confinement.\n  (a) If the respondent is found to be a dangerous sex offender\nrequiring confinement and committed to a secure treatment facility, that\nfacility shall provide care, treatment, and control of the respondent\nuntil such time that a court discharges the respondent in accordance\nwith the provisions of this article.\n  (b) The commissioner shall, for persons committed pursuant to this\narticle, develop and implement a treatment plan in accordance with the\nprovisions of section 29.13 of this chapter. The commissioner shall give\ndue regard to any relevant standards, guidelines, and best practices\nrecommended by the office of sex offender management.\n  (c) The commissioner, or the commissioner of the department of\ncorrections and community supervision, or other government entity\nresponsible for the care and custody of respondents, shall be authorized\nto employ appropriate safety and security measures, as he or she deems\nnecessary to ensure the safety of the public, during court proceedings\nand in the transport of persons committed or undergoing any proceedings\nunder this article. Such commissioner shall provide training in the use\nof safe and appropriate security interventions to employees responsible\nfor transporting persons under this article.\n  (d) The commissioner shall have the discretion to enter into\nagreements with the department of corrections and community supervision\nfor the provision of security services relating to this article.\n  (e) Persons in the custody of the commissioner pursuant to this\narticle shall be kept separate from other persons in the care, custody\nand control of the commissioner, and shall be segregated from such other\npersons, provided, however, that persons committed or subject to\nproceedings under this article need not be segregated from other sex\noffenders committed or subject to proceedings under this article,\narticle nine of this title, or section four hundred two of the\ncorrection law. If any dangerous sex offenders requiring confinement are\ncommitted to a secure treatment facility located on the grounds of a\ncorrectional facility, they shall be kept separate from persons in\ncustody as a result of criminal cases, and shall be segregated from such\npersons. Occasional instances of supervised, incidental contact between\npersons required by this subdivision to be segregated shall not be\nconsidered a violation of such segregation requirements.\n  (f) In accordance with security procedures developed by the\ncommissioner, a person committed under this article may be granted an\nescorted privilege by the director of the secure treatment facility in\nwhich he or she is receiving care and treatment but only for the\npurposes of allowing the person to receive medical or dental care or\ntreatment not available at the facility, to visit a family member who is\nseriously ill or to attend the funeral of a family member. A person\ngranted an escorted privilege shall be under the constant supervision of\none or more facility employees who have been designated by the\ncommissioner or other specially trained personnel approved by the\ncommissioner to provide care and supervision of such persons.\n  (g) If a person is in the custody of the commissioner pursuant to an\norder issued under this article, and such person escapes from custody,\nnotice of such escape shall be given as soon as the facility staff\nlearns of such escape, and shall include such information as will\nadequately identify the escaped individual, any person or persons\nbelieved to be in danger, and the nature of the danger. Such notice\nshall be given by any means reasonably calculated to give prompt actual\nnotice, and shall be given to:\n  (1) the district attorney of the county where the person was\nconvicted, adjudicated, or charged; the attorney general; and counsel\nfor respondent or the mental hygiene legal service;\n  (2) the superintendent of the state police;\n  (3) the sheriff of the county where the escape occurred;\n  (4) the police department having jurisdiction of the area where the\nescape occurred;\n  (5) any victim or victims who submitted the notification form\ndescribed in subdivision four of section 380.50 of the criminal\nprocedure law;\n  (6) any person the facility staff reasonably believes could be in\ndanger;\n  (7) any law enforcement agency and any person the facility staff\nbelieves would be able to apprise such victim or victims that the person\nescaped from the facility; and\n  (8) any other person the committing court may designate.\n  (h) The person may be apprehended, restrained, transported, and\nreturned to the facility from which he or she escaped by any police\nofficer or peace officer, and it shall be the duty of such officer to\nassist any representative of the commissioner to take the person into\ncustody upon the request of such representative.\n  (i) The commissioner shall submit to the governor and the legislature\nno later than December first of each year, a report on the\nimplementation of this article. Such report shall include, but not be\nlimited to, the census of each existing treatment facility, the number\nof persons reviewed by the case review teams for proceedings under this\narticle, the number of persons committed pursuant to this article, their\ncrimes of conviction, and projected future capacity needs.\n