MHL 10

Question 1

MHL 10.05 When a detained sex offender is nearing an anticipated release of confinement, the agency with jurisdiction SHALL give notice to the __________ and to the _____ of ___________ AT LEAST _____ days prior to the anticipated release.

Answer 1

ATTORNEY GENERAL
COMMISSIONER OF MENTAL HEALTH
120 DAYS

Question 2

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 ______ court or _______ court of the county WHERE THE RESPONDENT IS LOCATED within ____ days of the team’s finding.
MHL 10.06

Answer 2

SUPREME COURT
COUNTY COURT 30 DAYS

Question 3

MHL 10.06 AG shall seek to file the petition within 30 DAYS after receiving notice of the case review team’s findings, but failure to do so within that period shall NOT affect the validity of the petition. True or False?

Answer 3

true

Question 4

MHL 10.06 Within ___ days after the attorney general files a sex offender civil management petition, respondent may file, in SAME court, a Notice of Removal to county of the underlying criminal sex offense charges. Attorney general may, in court where petition is pending, move for a RETENTION of Venue.
[The aforementioned] Motion shall be made within ___ days AFTER the AG is served with Notice of Removal, which time may be extended for good cause.

Answer 4

10 DAYS/TEN DAYS
5 DAYS/FIVE DAYS

Question 5

MHL 10.06(g)
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.

Answer 5

30 DAYS

Question 6

If respondent was released subsequent to notice, and is therefore at liberty when petition is filed, court shall order respondent’s RETURN to confinement, etc., as applicable, for purposes of PROBABLE CAUSE hearing.
When a court issues such an order, the hearing shall commence NO later than ____ hours from the date of the respondent’s RETURN.
If they’re NOT at liberty, but become eligible to be released prior to PC hearing, court shall order STAY of such RELEASE pending the hearing.
When a court issues such an order, the hearing shall commence NO later than ____ hours from the date of the respondent’s anticipated RELEASE DATE.

Answer 6

72 HOURS/SEVENTY-TWO HOURS
72 HOURS/SEVENTY-TWO HOURS

Question 7

MHL 10.07 EACH side shall have ___ peremptory challenges for the regular jurors and TWO for each alternate juror to be selected.

Answer 7

10

Question 8

Within ___ days after the court determines THERE IS PROBABLE CAUSE to believe that the respondent is a sex offender requiring civil management, the court shall conduct a JURY trial to determine whether the respondent is a detained sex offender who suffers from a mental abnormality.
MHL 10.07

Answer 8

60 DAYS

Question 9

The jury [or the court if a jury trial is waived] shall determine by CLEAR AND CONVINCING EVIDENCE and a determination, if made by the jury, must be by UNANIMOUS verdict. TRUE OR FALSE?
MHL 10.07

Answer 9

True

Question 10

MHL 10.07 Evidentiary standard = Clear and Convincing Evidence and the Burden of Proof shall be on the:

Answer 10

Attorney General

Question 11

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 ____ days.
MHL 10.07

Answer 11

60 days

Question 12

(If the jury in the 2nd trial isn’t able to reach a unanimous verdict at to whether the respondent is a detained sex offender who suffers from a mental abnormality, the court shall DISMISS the petition.)
In preparing for, or conducting, 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 ________ ________ shall represent the state.
MHL 10.08

Answer 12

ATTORNEY GENERAL

Question 13

If the Respondent is committed, Commissioner shall provide Respondent and counsel with an ANNUAL written notice of right to petition for Discharge [also containing a form for waiver of the right to petition for discharge].
Each respondent who is committed shall have an examination for evaluation of their mental condition made AT LEAST ONCE EVERY YEAR.
MHL 10.09

Answer 13

true

Question 14

MHL 10.10 If a person in custody of the Commissioner pursuant to an order issued under this article, escapes from custody, notice of such escape shall be given to:
a) the DA of the county where the person was CONVICTED, ADJUDICATED, or CHARGED
b) the ATTORNEY GENERAL and COUNSEL for RESPONDENT or the Mental Hygiene Legal Service c) the SUPERINTENDENT of the STATE police
d) All of the above

Answer 14

All of the above

Question 15

If a person in custody of the Commissioner pursuant to an order issued under this article, escapes from custody, notice of such escape shall be given to:
a) the SHERIFF and POLICE DEPARTMENT of the county where the ESCAPE OCCURRED b) ANY VICTIM who submitted notification form in sub 4 of CPL 380.50
c) any other person the committing court may designate
d) All of the above

Answer 15

All of the above

Question 16

MHL 10.11 A person subject to a REGIMEN OF STRICT AND INTENSIVE SUPERVISION AND TREATMENT pursuant to this article MAY petition every TWO years for modification or termination, commencing NO SOONER than 2 years AFTER the regimen of strict and intensive supervision and treatment COMMENCED, with service of such petition on the AG, the Department of Corrections and community supervision, and the commissioner. t/f?

Answer 16

True

Question 17

MHL 10.13 Both the RESPONDENT and the ATTORNEY GENERAL may appeal from ANY FINAL ORDER entered pursuant to this article. T/F?

Answer 17

TRUE