2023 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.