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NY A02038

Bill

Status

Introduced

1/13/2011

Primary Sponsor

James Tedisco

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • 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

  • 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

  • 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

  • Requires jury verdicts to be unanimous in cases where a jury determines the respondent's status

  • 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

Committee Referrals

Mental Health1/13/2011

Full Bill Text

No bill text available