Mental hygiene law Flashcards

1
Q

When a detained sex offender is nearing an anticipated release of confinement the agency with jurisdiction shall give notice to the ______ and to the ______.

A

Attorney General and commissioner of health

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2
Q

If the case review team finds that a respondent is a sex offender requiring Civil management, then the AG may file a sex offender civil management petition in the _______ or _______ of the county with the respondent is located.

A

Supreme Court or County Court

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3
Q

Within _____ days after the sex offender civil management petition is filed, or within such longer period as to which the respondent may consent, the court 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.

A

30 days

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4
Q

T/F? When a court issues such an order, the human shall commence no later than 48 hours from the date of the respondents anticipated release date.

A

False, 72 hours

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5
Q

Within ___ days after the court determines that there is prop caused to believe that the respondent is a sex offender requires civil management, the court shall conduct a _____ trial to determine whether the respondent is a detained sex offender will suffer from a mental abnormality.

A

60 days; jury trial

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6
Q

Evidentiary standards as trial shall be _______ and by _______ verdict. ________ has the burden proof.

A

Clear convincing; unanimous; Attorney general

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7
Q

What action must the court take if: if the jury is unable to render unanimous verdict, the court shall continue any commitment order previously issued, and a second trial is scheduled. If the jury in such second trial is unable to render a unanimous verdict as to whether the respondent is a detained sex offender who suffers from a mental abnormality.

A

Dismissed the petition

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8
Q

T/F? Each respondent who is committed shall have an examination for evaluation of his/her mental condition made at least three times every year.

A

False, once a year

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