NY Ment Hygiene L § 10.03 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 10 - Sex Offenders Requiring Civil Commitment or Supervision 10.03 - Definitions.

§ 10.03 Definitions.   As  used in this article, the following terms shall have the following meanings:  (a) "Agency with jurisdiction" as to a person means that agency which, during the period in question,  would  be  the  agency  responsible  for supervising  or releasing such person, and can include the department of corrections and community supervision, the office of mental health,  and the office for people with developmental disabilities.  (b)  "Commissioner"  means  the  commissioner  of mental health or the commissioner of developmental disabilities.  (c) "Correctional facility" means a correctional facility as that term is defined in section two of the correction law.  (d) "Counsel for respondent" means any counsel that has been  retained or appointed for respondent, or if no other counsel has been retained or appointed,  or  prior counsel cannot be located with reasonable efforts, then the mental hygiene legal service.  (e) "Dangerous sex offender requiring confinement" means a person  who is a detained sex offender suffering from a mental abnormality involving such  a  strong  predisposition  to  commit  sex  offenses,  and such an inability to control behavior, that the person is likely to be a  danger to  others  and  to  commit  sex  offenses  if  not confined to a secure treatment facility.  (f) "Designated felony" means any felony offense defined by any of the following provisions of the penal law: assault in the second  degree  as defined  in  section  120.05,  assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in  section 120.06,  gang  assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in  the first  degree  as  defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter  in the  first  degree  as  defined  in section 125.20, murder in the second degree as defined in section 125.25, aggravated  murder  as  defined  in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in  the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the  second  degree  as defined  in  section  140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery  in  the third  degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined  in section  160.15,  promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, sex trafficking of a child as defined in section 230.34-a, disseminating indecent material to minors in the first degree as  defined  in  section 235.22,  use  of  a  child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined  in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses.  (g)  "Detained  sex  offender"  means  a  person  who  is in the care, custody, control, or supervision of an agency  with  jurisdiction,  with respect  to  a  sex  offense or designated felony, in that the person is either:  (1) A person who stands convicted of  a  sex  offense  as  defined  in subdivision  (p)  of  this  section, and is currently serving a sentence  for, or subject to supervision by the division  of  parole,  whether  on parole or on post-release supervision, for such offense or for a related offense;  (2)  A person charged with a sex offense who has been determined to be an incapacitated person with  respect  to  that  offense  and  has  been committed  pursuant  to  article  seven  hundred  thirty of the criminal procedure law, but did engage in the conduct constituting such offense;  (3) A person charged with  a  sex  offense  who  has  been  found  not responsible  by reason of mental disease or defect for the commission of that offense;  (4) A person who stands convicted of  a  designated  felony  that  was sexually  motivated  and  committed  prior to the effective date of this article;  (5) A person convicted of a sex offense who is, or  was  at  any  time after  September  first,  two  thousand  five,  a  patient in a hospital operated by the office of mental health, and who was  admitted  directly to  such facility pursuant to article nine of this title or section four hundred two of the correction law upon release  or  conditional  release from  a  correctional  facility,  provided  that  the provisions of this article shall not be deemed to shorten or lengthen the  time  for  which such   person   may   be  held  pursuant  to  such  article  or  section respectively; or  (6) A person who has been determined to be a  sex  offender  requiring civil management pursuant to this article.  (h)  "Licensed  psychologist"  means  a  person who is registered as a psychologist under article one hundred fifty-three of the education law.  (i) "Mental abnormality" means a  congenital  or  acquired  condition, disease or disorder that affects the emotional, cognitive, or volitional capacity  of  a  person  in  a manner that predisposes him or her to the commission of conduct constituting a sex offense  and  that  results  in that person having serious difficulty in controlling such conduct.  (j)  "Psychiatric  examiner"  means  a  qualified  psychiatrist  or  a licensed psychologist who  has  been  designated  to  examine  a  person pursuant  to  this  article;  such  designee  may,  but  need not, be an employee of the office of mental health or the office  for  people  with developmental disabilities.  (k)  "Qualified  psychiatrist"  means a physician licensed to practice medicine in New York state who: (1) is a diplomate of the American board of psychiatry and neurology or is  eligible  to  be  certified  by  that board;  or  (2)  is  certified  by  the  American  osteopathic  board of neurology and psychiatry or is eligible to be certified by that board.  (l) "Related offenses" include any offenses  that  are  prosecuted  as part of the same criminal action or proceeding, or which are part of the same  criminal  transaction,  or  which  are  the bases of the orders of commitment received  by  the  department  of  correctional  services  in connection with an inmate's current term of incarceration.  (m)  "Release"  and  "released"  means release, conditional release or discharge from confinement, from community supervision by the department of  corrections  and  community  supervision,  or  from  an   order   of observation, commitment, recommitment or retention.  (n)  "Respondent"  means  a  person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed,  or  filed by  the  attorney  general and not dismissed, or sustained by procedures under this article.  (o) "Secure treatment facility" means a facility or  a  portion  of  a facility,  designated  by  the commissioner, that may include a facility located on the grounds of a correctional facility, that is staffed  with  personnel from the office of mental health or the office for people with developmental  disabilities  for  the  purposes  of  providing  care and treatment to persons confined under this article, and persons defined in paragraph  five of subdivision (g) of this section. Personnel from these same agencies may provide security services, provided  that  such  staff are  adequately  trained  in  security  methods  and  so  equipped as to minimize the risk or danger of escape.  (p) "Sex offense" means an act or acts constituting:  (1)  any  felony defined  in  article  one  hundred  thirty of the penal law, including a sexually motivated felony; (2) patronizing a person for prostitution  in the  first  degree  as  defined  in  section  230.06  of  the penal law, aggravated patronizing a minor for prostitution in the first  degree  as defined  in  section  230.13  of the penal law, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12 of the penal law, aggravated patronizing a minor for prostitution in the third degree as defined in section 230.11 of the penal  law,  incest  in the  second  degree  as  defined  in section 255.26 of the penal law, or incest in the first degree as defined in section  255.27  of  the  penal law;  (3)  a felony attempt or conspiracy to commit any of the foregoing offenses set forth in this subdivision; or (4) a designated  felony,  as defined  in  subdivision  (f) of this section, if sexually motivated and committed prior to the effective date of this article.  (q) "Sex offender requiring civil management"  means  a  detained  sex offender who suffers from a mental abnormality. A sex offender requiring civil  management  can,  as  determined  by procedures set forth in this article, be either (1) a dangerous sex offender requiring confinement or (2) a sex offender requiring strict and intensive supervision.  (r) "Sex offender requiring strict and intensive supervision" means  a detained sex offender who suffers from a mental abnormality but is not a dangerous sex offender requiring confinement.  (s)  "Sexually  motivated"  means  that the act or acts constituting a designated felony were committed in whole or in substantial part for the purpose of direct sexual gratification of the actor.