Mental Hygiene Law 10 Flashcards
When it appears to an agency with jurisdiction that a person who may be a detained sex offender is nearing an anticipated releasee from confinement, the agency shall give notice of that fact to the _____________ and to the ______________
attorney general; commissioner of mental health
MHL 10.05
If the case review team finds that a respondent is a sex offender requiring civil management. then the attorney general may file a sex offender civil management petition in the supreme court or __________________________.
county court of the county where the respondent is located
MHL 10.06
The attorney general shall seek to file the petition within ________ after receiving notice of the case review team’s finding, but failure to do so within that period shall not affect the validity of the petition.
thirty days
MHL 10.06
Within ___ days after the attorney general files a sex offender civil management petition, the respondent may file in the same court a notice of removal to the county of the underlying criminal sex offense charges. The attorney general may, in the court in which the petition is pending, move for a retention of venue. Such motion shall be made within ___ days after the attorney general is served with a notice of removal, which time may be extended for good cause shown
ten; five
MHL 10.06
Within ____ days after the sex offender civil management petition is filed, or within such longer period as to which the respondent may consent, the supreme court or county court before which the petition is pending shall conduct a hearing without a jury to determine whether there is probable cause to believe that the respondent is a sex offender requiring civil management
thirty
MHL 10.06
When a court issues a confinement order, the hearing shall commence no later than _________ from the date of the respondent’s return
seventy-two hours
MHL 10.06
Within SIXTY DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender requiring civil management, the court shall conduct a _____ trial to determine whether the respondent is a detained sex offender who suffers from a mental abnormality
jury
MHL 10.07
The jury, or the court if a jury trial is waived, shall determine by ________ evidence and a determination, if made by the jury, must be by ____________ verdict.
clear and convincing; unanimous
MHL 10.07
T/F? If the jury is unable to render a unanimous verdict, the court shall continue any commitment order previously issued and schedule a second trial to be held within sixty days in accordance with the provisions of subdivision (a) of this section
True
MHL 10.07
T/F? In preparing for or conduction any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel and the attorney general shall represent the state
True
MHL 10.08
Who must be notified if a dangerous sex offender escapes from custody?
1) the district attorney of the county where the person was convicted, adjudicated, or charged; the attorney general; counsel for respondent or the mental hygiene legal service
2) the superintendent of the state police
3) the sheriff of the county where the escape occurred
4) the police department having jurisdiction of the area where the escape occurred
5) any victim or victims who submitted the notification form described in subdivision four of section 380.50 of the CPL
6) any person the facility staff reasonably believes could be in danger
7) any law enforcement agency and person the facility staff believes would be able to apprise such victim or victims that the person escaped from the facility
8) any other person the committing court may designate
T/F? Both the respondent and the attorney general may appeal from any final order entered pursuant to this article
True
MHL 10.13
