NY Ment Hygiene L § 10.11 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 10 - Sex Offenders Requiring Civil Commitment or Supervision 10.11 - Regimen of Strict and Intensive Supervision and Treatment.

§ 10.11 Regimen of strict and intensive supervision and treatment.  (a) (1) Before ordering the release of a person to a regimen of strict and  intensive  supervision  and treatment pursuant to this article, the court shall order that  the  department  of  corrections  and  community supervision  recommend  supervision  requirements  to  the  court. These supervision requirements, which shall be developed in consultation  with the  commissioner,  may  include  but need not be limited to, electronic monitoring or global positioning satellite tracking for  an  appropriate period of time, polygraph monitoring, specification of residence or type or  residence,  prohibition of contact with identified past or potential victims, strict and intensive supervision by a parole officer,  and  any other lawful and necessary conditions that may be imposed by a court. In addition,  after  consultation  with  the  psychiatrist, psychologist or other professional primarily treating the respondent,  the  commissioner shall   recommend  a  specific  course  of  treatment.  A  copy  of  the recommended requirements for supervision and treatment shall be given to the attorney general and  the  respondent  and  his  or  her  counsel  a reasonable  time  before  the court issues its written order pursuant to this section.  (2) Before issuing its written  order,  the  court  shall  afford  the parties  an  opportunity  to be heard, and shall consider any additional submissions by the respondent and the attorney  general  concerning  the proposed  conditions  of the regimen of strict and intensive supervision and treatment. The court shall issue an order specifying the  conditions of  the regimen of strict and intensive supervision and treatment, which shall include specified supervision requirements and compliance  with  a specified  course of treatment. A written statement of the conditions of the regimen of strict and intensive supervision and treatment  shall  be given  to  the  respondent  and  to  his  or her counsel, any designated service providers  or  treating  professionals,  the  commissioner,  the attorney  general  and  the  supervising parole officer. The court shall require the department of corrections and community supervision to  take appropriate  actions  to  implement  the  supervision  plan  and  assure compliance with the conditions of the regimen of  strict  and  intensive supervision and treatment. A regimen of strict and intensive supervision does  not toll the running of any form of supervision in criminal cases, including but not limited to post-release supervision and parole.  (b) (1) Persons  ordered  into  a  regimen  of  strict  and  intensive supervision and treatment pursuant to this article shall be subject to a minimum  of  six  face-to-face  supervision  contacts and six collateral contacts per month. Such minimum  contact  requirements  shall  continue unless   subsequently  modified  by  the  court  or  the  department  of corrections and community supervision.  (2)  Any  agency,  organization,  professional  or  service   provider designated  to  provide  treatment to the person shall, unless otherwise directed by the court, submit  every  four  months  to  the  court,  the commissioner,  the attorney general and the supervising parole officer a report describing the person's conduct while under a regimen  of  strict and intensive supervision and treatment.  (c)  An  order  for  a regimen of strict and intensive supervision and treatment places the person in the custody and control of the department of corrections and community supervision. A person ordered to undergo  a regimen  of  strict  and intensive supervision and treatment pursuant to this article is subject to lawful conditions set by the  court  and  the department of corrections and community supervision.  (d)  (1)  A  person's  regimen of strict and intensive supervision and treatment may be revoked if such a person violates a condition of strict and intensive supervision. If a parole officer has reasonable  cause  to  believe  that  the  person  has  violated  a condition of the regimen of strict and intensive supervision and treatment or, if there is  an  oral or  written  evaluation  or report by a treating professional indicating that the person may be a dangerous sex offender requiring confinement, a parole officer authorized in the same manner as provided in subparagraph (i)  of  paragraph  (a)  of  subdivision  three  of  section two hundred fifty-nine-i of the executive law may take the person into  custody  and transport  the  person  for  lodging in a secure treatment facility or a local correctional facility for an evaluation by a psychiatric examiner, which evaluation shall be conducted within five days. A  parole  officer may  take  the person, under custody, to a psychiatric center for prompt evaluation, and at the end of the examination, return the person to  the place of lodging. A parole officer, as authorized by this paragraph, may direct a peace officer, acting pursuant to his or her special duties, or a  police  officer who is a member of an authorized police department or force or of a sheriff's department, to take the person into custody  and transport the person as provided in this paragraph. It shall be the duty of  such  peace  officer  or  police  officer  to  take into custody and transport any such person upon receiving such direction. The  department of  corrections  and  community  supervision  shall  promptly notify the attorney general and the mental hygiene legal service, when a person  is taken  into  custody  pursuant  to  this paragraph. No provision of this section shall preclude the  board  of  parole  from  proceeding  with  a revocation  hearing  as  authorized  by subdivision three of section two hundred fifty-nine-i of the executive law.  (2) After the person is taken into custody  for  the  evaluation,  the attorney  general  may  file: (i) a petition for confinement pursuant to paragraph four of this subdivision and/or (ii) a  petition  pursuant  to subdivision (e) of this section to modify the conditions of a regimen of strict and intensive supervision and treatment. Either petition shall be filed  in the court that issued the order imposing the regimen of strict and intensive supervision and treatment. The attorney general shall seek to file the petition within five days after the  person  is  taken  into custody  for  evaluation.  If no petition is filed within that time, the respondent shall be released immediately, subject to the  terms  of  the previous order imposing the regimen of strict and intensive supervision, but  failure  to  file  a petition within such time shall not affect the validity of such petition or any subsequent action.  (3) A petition filed under paragraph two of this subdivision shall  be served  promptly on the respondent and the mental hygiene legal service. The court shall appoint legal counsel in accordance with subdivision (c) of section 10.06 of  this  article.  Counsel  for  respondent  shall  be provided  with  a copy of the written report, if any, of the psychiatric examiner who conducted the evaluation pursuant to this section.  (4) A petition for confinement  shall  contain  the  parole  officer's sworn  allegations  demonstrating  reasonable  cause to believe that the respondent violated a condition of  his  or  her  strict  and  intensive supervision,  and  shall  be  accompanied  by any written evaluations or reports by a treating professional indicating that the respondent may be a dangerous sex offender requiring confinement. If a petition  is  filed within  the  five-day  period seeking the respondent's confinement, then the  court  shall  promptly  review  the  petition  and,  based  on  the allegations  in  the  petition  and  any  accompanying papers, determine whether there is probable cause to believe  that  the  respondent  is  a dangerous  sex  offender  requiring  confinement.  Upon  the  finding of probable cause, the respondent may be retained in a  local  correctional facility  or  a  secure treatment facility pending the conclusion of the proceeding. In the absence of such a finding, the  respondent  shall  be  released, but the court may impose revised conditions of supervision and treatment  pending completion of the hearing. Within thirty days after a petition  for  confinement  is  filed  under  paragraph  two   of   this subdivision,  the court shall conduct a hearing to determine whether the respondent is  a  dangerous  sex  offender  requiring  confinement.  Any failure  to  commence the hearing within the time period specified shall not result in the dismissal of the petition and  shall  not  affect  the validity  of  the hearing or the determination. The court shall make its determination of whether the respondent  is  a  dangerous  sex  offender requiring  confinement  in  accordance  with  the standards set forth in subdivision (f) of section 10.07 of this article.  If  the  court  finds that the attorney general has not met the burden of showing by clear and convincing  evidence  that  the  respondent  is a dangerous sex offender requiring confinement, but finds that the respondent continues to  be  a sex offender requiring strict and intensive supervision, the court shall order  the  person  to  be  released under the previous order imposing a regimen of strict and intensive supervision  and  treatment,  unless  it modifies   the   order  imposing  a  regimen  of  strict  and  intensive supervision and treatment pursuant to subdivision (f) of  this  section. If  the court determines that the attorney general has met the burden of showing by clear and  convincing  evidence  that  the  respondent  is  a dangerous sex offender requiring confinement, the court shall order that the  respondent be committed to a secure treatment facility immediately. The respondent shall not be  released  pending  the  completion  of  the hearing.  (e)  If  the  attorney  general files only a petition for modification under paragraph two of subdivision (d) of this section,  the  respondent shall  be  released  but  the  court  may  impose  revised conditions of supervision and treatment pending completion of the hearing. Within five days after filing of the petition  for  modification,  the  court  shall conduct  a  hearing  to determine whether the respondent's conditions of treatment and supervision should be modified. The attorney general shall have the burden of showing that the modifications sought are  warranted, and the court shall order such modifications to the extent that it finds that the attorney general has met that burden.  (f) The court may modify or terminate the conditions of the regimen of strict  and  intensive  supervision and treatment on the petition of the supervising parole officer, the commissioner or  the  attorney  general. Such  petition  shall  be  served on the respondent and the respondent's counsel.  A  person  subject  to  a  regimen  of  strict  and  intensive supervision  and  treatment  pursuant to this article may petition every two years for modification or termination, commencing no sooner than two years  after  the  regimen  of  strict  and  intensive  supervision  and treatment  commenced,  with  service  of  such  petition on the attorney general, the department of corrections and  community  supervision,  and the  commissioner.  Upon  receipt  of  a  petition  for  modification or termination  pursuant  to  this  section,  the  court  may  require  the department of corrections and community supervision and the commissioner to  provide  a report concerning the person's conduct while subject to a regimen of strict and intensive supervision and treatment. If more  than one  petition  is  filed,  the  petitions  may be considered in a single hearing.  (g) Upon receipt of a  petition  for  modification  pursuant  to  this section,  the  court  may  hold  a  hearing  on such petition. The party seeking modification  shall  have  the  burden  of  showing  that  those modifications   are   warranted,   and   the   court  shall  order  such modifications to the extent that it finds that the party  has  met  that burden.  (h)  Upon  receipt  of  a  petition  for  termination pursuant to this section, the court may  hold  a  hearing  on  such  petition.  When  the petition is filed by the respondent, the attorney general shall have the burden  of  showing by clear and convincing evidence that the respondent is  currently  a  sex  offender requiring civil management. If the court finds that the attorney general has not sustained that burden, it  shall order  the  respondent's  discharge  from  the  regimen  of  strict  and intensive supervision and treatment. Otherwise the court shall  continue the  regimen  of  strict and intensive supervision and treatment but may revise conditions of supervision and treatment as warranted.