N.Y. Mental Hyg. Law § 10.11

§ 10.11 Regimen of strict and intensive supervision and treatment.\n (a) (1) Before ordering the release of a person to a regimen of strict\nand intensive supervision and treatment pursuant to this article, the\ncourt shall order that the department of corrections and community\nsupervision recommend supervision requirements to the court. These\nsupervision requirements, which shall be developed in consultation with\nthe commissioner, may include but need not be limited to, electronic\nmonitoring or global positioning satellite tracking for an appropriate\nperiod of time, polygraph monitoring, specification of residence or type\nor residence, prohibition of contact with identified past or potential\nvictims, strict and intensive supervision by a parole officer, and any\nother lawful and necessary conditions that may be imposed by a court. In\naddition, after consultation with the psychiatrist, psychologist or\nother professional primarily treating the respondent, the commissioner\nshall recommend a specific course of treatment. A copy of the\nrecommended requirements for supervision and treatment shall be given to\nthe attorney general and the respondent and his or her counsel a\nreasonable time before the court issues its written order pursuant to\nthis section.\n (2) Before issuing its written order, the court shall afford the\nparties an opportunity to be heard, and shall consider any additional\nsubmissions by the respondent and the attorney general concerning the\nproposed conditions of the regimen of strict and intensive supervision\nand treatment. The court shall issue an order specifying the conditions\nof the regimen of strict and intensive supervision and treatment, which\nshall include specified supervision requirements and compliance with a\nspecified course of treatment. A written statement of the conditions of\nthe regimen of strict and intensive supervision and treatment shall be\ngiven to the respondent and to his or her counsel, any designated\nservice providers or treating professionals, the commissioner, the\nattorney general and the supervising parole officer. The court shall\nrequire the department of corrections and community supervision to take\nappropriate actions to implement the supervision plan and assure\ncompliance with the conditions of the regimen of strict and intensive\nsupervision and treatment. A regimen of strict and intensive supervision\ndoes not toll the running of any form of supervision in criminal cases,\nincluding but not limited to post-release supervision and parole.\n (b) (1) Persons ordered into a regimen of strict and intensive\nsupervision and treatment pursuant to this article shall be subject to a\nminimum of six face-to-face supervision contacts and six collateral\ncontacts per month. Such minimum contact requirements shall continue\nunless subsequently modified by the court or the department of\ncorrections and community supervision.\n (2) Any agency, organization, professional or service provider\ndesignated to provide treatment to the person shall, unless otherwise\ndirected by the court, submit every four months to the court, the\ncommissioner, the attorney general and the supervising parole officer a\nreport describing the person's conduct while under a regimen of strict\nand intensive supervision and treatment.\n (c) An order for a regimen of strict and intensive supervision and\ntreatment places the person in the custody and control of the department\nof corrections and community supervision. A person ordered to undergo a\nregimen of strict and intensive supervision and treatment pursuant to\nthis article is subject to lawful conditions set by the court and the\ndepartment of corrections and community supervision.\n (d) (1) A person's regimen of strict and intensive supervision and\ntreatment may be revoked if such a person violates a condition of strict\nand intensive supervision. If a parole officer has reasonable cause to\nbelieve that the person has violated a condition of the regimen of\nstrict and intensive supervision and treatment or, if there is an oral\nor written evaluation or report by a treating professional indicating\nthat the person may be a dangerous sex offender requiring confinement, a\nparole officer authorized in the same manner as provided in subparagraph\n(i) of paragraph (a) of subdivision three of section two hundred\nfifty-nine-i of the executive law may take the person into custody and\ntransport the person for lodging in a secure treatment facility or a\nlocal correctional facility for an evaluation by a psychiatric examiner,\nwhich evaluation shall be conducted within five days. A parole officer\nmay take the person, under custody, to a psychiatric center for prompt\nevaluation, and at the end of the examination, return the person to the\nplace of lodging. A parole officer, as authorized by this paragraph, may\ndirect a peace officer, acting pursuant to his or her special duties, or\na police officer who is a member of an authorized police department or\nforce or of a sheriff's department, to take the person into custody and\ntransport the person as provided in this paragraph. It shall be the duty\nof such peace officer or police officer to take into custody and\ntransport any such person upon receiving such direction. The department\nof corrections and community supervision shall promptly notify the\nattorney general and the mental hygiene legal service, when a person is\ntaken into custody pursuant to this paragraph. No provision of this\nsection shall preclude the board of parole from proceeding with a\nrevocation hearing as authorized by subdivision three of section two\nhundred fifty-nine-i of the executive law.\n (2) After the person is taken into custody for the evaluation, the\nattorney general may file: (i) a petition for confinement pursuant to\nparagraph four of this subdivision and/or (ii) a petition pursuant to\nsubdivision (e) of this section to modify the conditions of a regimen of\nstrict and intensive supervision and treatment. Either petition shall be\nfiled in the court that issued the order imposing the regimen of strict\nand intensive supervision and treatment. The attorney general shall seek\nto file the petition within five days after the person is taken into\ncustody for evaluation. If no petition is filed within that time, the\nrespondent shall be released immediately, subject to the terms of the\nprevious order imposing the regimen of strict and intensive supervision,\nbut failure to file a petition within such time shall not affect the\nvalidity of such petition or any subsequent action.\n (3) A petition filed under paragraph two of this subdivision shall be\nserved promptly on the respondent and the mental hygiene legal service.\nThe court shall appoint legal counsel in accordance with subdivision (c)\nof section 10.06 of this article. Counsel for respondent shall be\nprovided with a copy of the written report, if any, of the psychiatric\nexaminer who conducted the evaluation pursuant to this section.\n (4) A petition for confinement shall contain the parole officer's\nsworn allegations demonstrating reasonable cause to believe that the\nrespondent violated a condition of his or her strict and intensive\nsupervision, and shall be accompanied by any written evaluations or\nreports by a treating professional indicating that the respondent may be\na dangerous sex offender requiring confinement. If a petition is filed\nwithin the five-day period seeking the respondent's confinement, then\nthe court shall promptly review the petition and, based on the\nallegations in the petition and any accompanying papers, determine\nwhether there is probable cause to believe that the respondent is a\ndangerous sex offender requiring confinement. Upon the finding of\nprobable cause, the respondent may be retained in a local correctional\nfacility or a secure treatment facility pending the conclusion of the\nproceeding. In the absence of such a finding, the respondent shall be\nreleased, but the court may impose revised conditions of supervision and\ntreatment pending completion of the hearing. Within thirty days after a\npetition for confinement is filed under paragraph two of this\nsubdivision, the court shall conduct a hearing to determine whether the\nrespondent is a dangerous sex offender requiring confinement. Any\nfailure to commence the hearing within the time period specified shall\nnot result in the dismissal of the petition and shall not affect the\nvalidity of the hearing or the determination. The court shall make its\ndetermination of whether the respondent is a dangerous sex offender\nrequiring confinement in accordance with the standards set forth in\nsubdivision (f) of section 10.07 of this article. If the court finds\nthat the attorney general has not met the burden of showing by clear and\nconvincing evidence that the respondent is a dangerous sex offender\nrequiring confinement, but finds that the respondent continues to be a\nsex offender requiring strict and intensive supervision, the court shall\norder the person to be released under the previous order imposing a\nregimen of strict and intensive supervision and treatment, unless it\nmodifies the order imposing a regimen of strict and intensive\nsupervision and treatment pursuant to subdivision (f) of this section.\nIf the court determines that the attorney general has met the burden of\nshowing by clear and convincing evidence that the respondent is a\ndangerous sex offender requiring confinement, the court shall order that\nthe respondent be committed to a secure treatment facility immediately.\nThe respondent shall not be released pending the completion of the\nhearing.\n (e) If the attorney general files only a petition for modification\nunder paragraph two of subdivision (d) of this section, the respondent\nshall be released but the court may impose revised conditions of\nsupervision and treatment pending completion of the hearing. Within five\ndays after filing of the petition for modification, the court shall\nconduct a hearing to determine whether the respondent's conditions of\ntreatment and supervision should be modified. The attorney general shall\nhave the burden of showing that the modifications sought are warranted,\nand the court shall order such modifications to the extent that it finds\nthat the attorney general has met that burden.\n (f) The court may modify or terminate the conditions of the regimen of\nstrict and intensive supervision and treatment on the petition of the\nsupervising parole officer, the commissioner or the attorney general.\nSuch petition shall be served on the respondent and the respondent's\ncounsel. A person subject to a regimen of strict and intensive\nsupervision and treatment pursuant to this article may petition every\ntwo years for modification or termination, commencing no sooner than two\nyears after the regimen of strict and intensive supervision and\ntreatment commenced, with service of such petition on the attorney\ngeneral, the department of corrections and community supervision, and\nthe commissioner. Upon receipt of a petition for modification or\ntermination pursuant to this section, the court may require the\ndepartment of corrections and community supervision and the commissioner\nto provide a report concerning the person's conduct while subject to a\nregimen of strict and intensive supervision and treatment. If more than\none petition is filed, the petitions may be considered in a single\nhearing.\n (g) Upon receipt of a petition for modification pursuant to this\nsection, the court may hold a hearing on such petition. The party\nseeking modification shall have the burden of showing that those\nmodifications are warranted, and the court shall order such\nmodifications to the extent that it finds that the party has met that\nburden.\n (h) Upon receipt of a petition for termination pursuant to this\nsection, the court may hold a hearing on such petition. When the\npetition is filed by the respondent, the attorney general shall have the\nburden of showing by clear and convincing evidence that the respondent\nis currently a sex offender requiring civil management. If the court\nfinds that the attorney general has not sustained that burden, it shall\norder the respondent's discharge from the regimen of strict and\nintensive supervision and treatment. Otherwise the court shall continue\nthe regimen of strict and intensive supervision and treatment but may\nrevise conditions of supervision and treatment as warranted.\n