N.Y. Mental Hygiene Law § 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.