The judge must decide whether the sex offender is so dangerous that he or she should be confined or the judge may release the offender to strict and intensive supervision and treatment SIST under the supervision of the Division of Parole. A person subject to a regimen of strict and intensive super- vision 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 treat- ment commenced, with service of such petition on the attorney general, the division of parole, and the commissioner. In the case of a respondent committed pursuant to article seven hundred thirty of the criminal procedure law for a sex offense, the attorney general shall have the burden of proving by clear and convincing evidence that the respondent did engage in the conduct constituting such offense. A psychiatric examiner chosen by or appointed on behalf of the respondent shall have reasonable access to the respond- ent's relevant medical, clinical or criminal records and reports, except that such psychiatric examiner shall not have access without court order and for good cause shown to the name of, address of, or any other iden- tifying information about the victim or victims. The attorney general shall seek to file the petition within five days after the person is taken into custody for evaluation. 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 allega- tions 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. When the commission- er receives notice pursuant to subdivision b of this section, such staff shall review and assess relevant medical, clinical, criminal, or institutional records, actuarial risk assessment instruments or other records and reports, including records and reports provided by the district attorney of the county where the person was convicted, or in the case of persons determined to be incapacitated or not responsible by reason of mental disease or defect, the county where the person was charged. Following such evaluation, each psychiatric examiner shall report his or her findings in writing to the commissioner and to counsel for respondent.
If no probable cause is found, then the Attorney General may appeal to a higher court. Such notice shall be given by any means reasonably calculated to give prompt actual notice, and shall be given to: The attorney general may, in the court in which the petition is pending, move for a retention of venue. 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. Following the evaluation, such psychiatric examiner shall report his or her findings in writing to the attorney general, to counsel for the respondent, and to the court. The Office of the Attorney General may file a motion to retain the case in the court where the petition was filed. In such case, the respondent shall be committed to a secure treatment facility for care, treatment, and control until such time as he or she no longer requires confinement. However, failure to do so within that time period shall not affect the validity of such notice or finding or any subsequent action, including the attorney general's filing of a sex offender civil management petition subsequent to receiving the finding of the case review team. Whenever the petition alleges the respondent's commission of a designated felony prior to the effective date of this article, the issue of whether such offense was sexually motivated shall be determined by the jury. If the jury at the second trial cannot find by a unanimous verdict that the sex offender suffers from a mental abnormality, the court will dismiss the petition. The respondent may, as a matter of right, testify in his or her own behalf, call and examine other witnesses, and produce other evidence in his or her behalf. 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. Can a sex offender ever file an appeal during this process? The court shall appoint legal counsel in accordance with subdivision c of section In all other proceedings or hearings held pursuant to this article, such admissibility shall require a showing of the author's unavailability to testify, or other good cause. Any failure to commence the probable cause hear- ing within the time periods specified shall not result in the dismissal of the petition and shall not affect the validity of the hearing or the probable cause determination. The right to a trial by jury may be waived by the respondent, and upon such waiver, the court shall conduct a trial in accordance with article forty-two of the civil practice law and rules, excluding provisions for decision-making by referees. 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, spec- ification 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. It should be based on the most accurate scientific understanding available, including the use of current, validated risk assessment instruments. 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. Yes, the sex offender is entitled to an attorney when the Attorney General's Office files a petition, or once the sex offender is ordered by the court to submit to a psychiatric evaluation, whichever comes first. SIST can be revoked if the individual violates a condition of the sentence or if a treating professional indicates that the individual may be a dangerous sex offender requiring confinement. Either petition shall be filed in the court that issued the order imposing the regimen of strict and intensive supervision and treatment. Otherwise the court, unless it finds that the respondent no longer suffers from a mental abnormality, shall issue an order providing for the discharge of the respondent to a regimen of strict and intensive supervision and treatment pursuant to section Is the sex offender entitled to an attorney?
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