MHL 10 Volume 5 Flashcards
10.09 Annual examinations and petitions for discharge
The commissioner shall also assure that each respondent committed under this article shall have an examination for evaluation of his or her mental condition made at least _____ every year (calculated from date on which supreme or county court judge last ordered or confirmed need for continued confinement pursuant to this article or date on which respondent waived right to petition for discharge pursuant to this section, whichever is later, as applicable
once
10.09 Annual examinations and petitions for discharge
At such time, respondent also shall have right to be evaluated by an _______ psychiatric examiner.
independent
10.09 Annual examinations and petitions for discharge
(c) The commissioner shall __________ forward notice and waiver form, along with a report including commissioner’s written determination and findings of psychiatric examination, to _________ or ________ court where respondent is located.
Annually……….supreme or county
10.09 Annual examinations and petitions for discharge
The court shall hold an evidentiary hearing as to retention of respondent within_________ if it appears from one of annual submissions to court
forty-five days
10.09 Annual examinations and petitions for discharge
At an evidentiary hearing on that issue under this sub, _________ shall have burden of proof
attorney general
10.09 Annual examinations and petitions for discharge
(e) If, at any time, commissioner determines that respondent no longer is a dangerous sex offender requiring confinement, commissioner shall petition court for discharge of respondent or for imposition of a regimen of strict and intensive supervision and treatment.
- The petition shall be served upon attorney general and respondent, and filed in supreme or county court where person is located.
- The court, upon review of petition, shall either order requested relief or order that an evidentiary hearing be held.
10.09 Annual examinations and petitions for discharge
(e) If, at any time, commissioner determines that respondent no longer is a dangerous sex offender requiring confinement, commissioner shall petition court for discharge of respondent or for imposition of a regimen of strict and intensive supervision and treatment.
The petition shall be served upon attorney general and respondent, and filed in supreme or county court where person is located.
The court, upon review of petition, shall either order requested relief or order that an evidentiary hearing be held.
10.09 Annual examinations and petitions for discharge
(f) The respondent may at any time petition court for discharge and/or release to community under a regimen of strict and intensive supervision and treatment,and the court may order a hearing on such.
10.09 Annual examinations and petitions for discharge
(f) The respondent may at any time petition court for discharge and/or release to community under a regimen of strict and intensive supervision and treatment,and the court may order a hearing on such.
10.09 Annual examinations and petitions for discharge
(h) At conclusion of an evidentiary hearing, if court finds by ___________ that respondent is currently a dangerous sex offender requiring confinement, court shall continue respondent’s confinement, otherwise shall issue an order providing for discharge of respondent to a regimen of strict and intensive supervision and treatment
clear and convincing evidence
10.10 Treatment and confinement
(a) If respondent is found to be a dangerous sex offender requiring confinement and committed to a secure treatment facility, that facility shall provide care, treatment, and control of respondent until such time that a court discharges respondent in accordance with provisions of this article.
10.10 Treatment and confinement
(a) If respondent is found to be a dangerous sex offender requiring confinement and committed to a secure treatment facility, that facility shall provide care, treatment, and control of respondent until such time that a court discharges respondent in accordance with provisions of this article.
10.10 Treatment and confinement
(e) Persons in custody of commissioner pursuant to this article shall be kept separate from other persons in care, custody, and control of commissioner, and shall be segregated from such other persons, except other ____________
sex offenders.
10.10 Treatment and confinement
If any dangerous sex offenders requiring confinement are committed to a secure treatment facility located on grounds of a _________ , they shall be kept separate from persons in custody
correctional facility
10.10 Treatment and confinement
(f) Offenders may be afforded escorted ___________ to receive medical or dental care or treatment not available at facility, to visit a family member who is seriously ill or to attend funeral of a family member.
furloughs
10.10 Treatment and confinement
g) If a person is in custody of commissioner escapes, notice shall be given as soon as facility staff learns of the escape, and shall include such information as will adequately identify escaped individual, any person or persons believed to be in danger, and nature of danger.
- Such notice shall be given by any means reasonably calculated to give prompt actual notice, and shall be given to:
- (1) district attorney of county where person was convicted, adjudicated, or charged, attorney general, and counsel for respondent or mental hygiene legal service,
- (2) superintendent of state police,
- (3) sheriff of county where escape occurred,
- (4) police department having jurisdiction of area where escape occurred,
- (5) any victim or victims who submitted notification form d
- (6) any person facility staff reasonably believes could be in danger,
- (7) any law enforcement agency and any person facility staff believes would be able to apprise such victim or victims that person escaped from facility, and
- (8) any other person committing court may designate.
10.10 Treatment and confinement
g) If a person is in custody of commissioner pursuant to an order issued under this article, and such person escapes from custody, notice of such escape shall be given as soon as facility staff learns of such escape, and shall include such information as will adequately identify escaped individual, any person or persons believed to be in danger, and nature of danger.
Such notice shall be given by any means reasonably calculated to give prompt actual notice, and shall be given to:
- (1) district attorney of county where person was convicted, adjudicated, or charged, attorney general, and counsel for respondent or mental hygiene legal service,
- (2) superintendent of state police,
- (3) sheriff of county where escape occurred,
- (4) police department having jurisdiction of area where escape occurred,
- (5) any victim or victims who submitted notification form d
- (6) any person facility staff reasonably believes could be in danger,
- (7) any law enforcement agency and any person facility staff believes would be able to apprise such victim or victims that person escaped from facility, and
- (8) any other person committing court may designate.
10.10 Treatment and confinement
(i) The commissioner shall submit to governor and legislature no later than _________ of each year, a report on implementation of this article.
December first
10.11 Regimen of strict and intensive supervision and treatment,
(1) Before ordering release of a person to a regimen of strict and intensive supervision and treatment pursuant to this article, court shall order that department of corrections and community supervision recommend supervision requirements to court.
10.11 Regimen of strict and intensive supervision and treatment,
(1) Before ordering release of a person to a regimen of strict and intensive supervision and treatment pursuant to this article, court shall order that department of corrections and community supervision recommend supervision requirements to court.
