N.Y. Mental Hygiene Law § 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.