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NY A02038
Bill
Status
1/13/2011
Primary Sponsor
James Tedisco
Click for details
AI Summary
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Amends Mental Hygiene Law to require courts to determine whether a respondent is a "dangerous sex offender requiring confinement" if the respondent is at liberty or eligible for release between the probable cause hearing and trial date
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Permits courts to order commitment to a secure treatment facility designated by the commissioner if probable cause is established that the respondent is a dangerous sex offender requiring confinement
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Changes the standard of proof at trial from "by clear and convincing evidence" to "beyond a reasonable doubt" for determining whether a respondent is a detained sex offender who suffers from a mental abnormality
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Requires jury verdicts to be unanimous in cases where a jury determines the respondent's status
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Takes effect immediately upon enactment
Legislative Description
Allows the detention of a respondent if determined a "sex offender requiring civil management petition" pending trial; establishes the standard of proof at trial be "beyond a reasonable doubt" rather than "by clear and convincing evidence".
Last Action
held for consideration in mental health
5/15/2012