2023 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.