NY Ment Hygiene L § 10.01 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 10 - Sex Offenders Requiring Civil Commitment or Supervision 10.01 - Legislative Findings.

§ 10.01 Legislative findings. The legislature finds as follows:  (a)  That  recidivistic  sex  offenders  pose a danger to society that should be addressed through  comprehensive  programs  of  treatment  and management.   Civil and criminal processes have distinct but overlapping goals, and both should be part of an integrated approach that  is  based on  evolving  scientific  understanding,  flexible  enough to respond to current  needs  of  individual  offenders,  and  sufficient  to  provide meaningful treatment and to protect the public.  (b)  That some sex offenders have mental abnormalities that predispose them to engage in repeated sex offenses.  These  offenders  may  require long-term  specialized  treatment  modalities  to  address their risk to reoffend. They should receive such treatment while they are incarcerated as a result of the criminal process,  and  should  continue  to  receive treatment  when  that  incarceration  comes to an end. In extreme cases, confinement of the most dangerous offenders will need to be extended  by civil process in order to provide them such treatment and to protect the public from their recidivistic conduct.  (c)  That for other sex offenders, it can be effective and appropriate to provide treatment in a regimen of  strict  and  intensive  outpatient supervision. Accordingly, civil commitment should be only one element in a  range  of  responses  to the need for treatment of sex offenders. The goal of a comprehensive system should be to protect the  public,  reduce recidivism, and ensure offenders have access to proper treatment.  (d)  That  some  of  the  goals  of  civil  commitment - protection of society, supervision of offenders, and management of  their  behavior  - are  appropriate  goals  of  the  criminal  process  as  well.  For some recidivistic sex offenders, appropriate  criminal  sentences,  including long-term  post-release  supervision, may be the most appropriate way to achieve those goals.  (e) That the system for responding to recidivistic sex offenders  with civil  measures must be designed for treatment and protection. It should be based  on  the  most  accurate  scientific  understanding  available, including  the  use  of  current, validated risk assessment instruments. Ideally, effective risk  assessment  should  begin  to  occur  prior  to sentencing  in  the criminal process, and it should guide the process of civil commitment.  (f) That the system should offer meaningful forms of treatment to  sex offenders   in   all   criminal   and  civil  phases,  including  during incarceration, civil commitment, and outpatient supervision.  (g) That sex offenders in need of civil  commitment  are  a  different population  from  traditional mental health patients, who have different treatment  needs  and  particular  vulnerabilities.  Accordingly,  civil commitment  of  sex  offenders should be implemented in ways that do not endanger, stigmatize, or divert needed  treatment  resources  away  from such traditional mental health patients.