MHL 10 Volume 6 Flashcards
10.11 Regimen of strict and intensive supervision and treatment,
A copy of recommended requirements for supervision and treatment shall be given to attorney general and respondent and his or her counsel a ___________ before court issues its written order pursuant to this section.
reasonable time
10.11 Regimen of strict and intensive supervision and treatment,
(2) Before issuing its written order, court shall afford parties an opportunity to be heard, and shall consider any additional submissions by respondent and attorney general concerning proposed conditions of regimen of strict and intensive supervision and treatment.
10.11 Regimen of strict and intensive supervision and treatment,
(2) Before issuing its written order, court shall afford parties an opportunity to be heard, and shall consider any additional submissions by respondent and attorney general concerning proposed conditions of regimen of strict and intensive supervision and treatment.
10.11 Regimen of strict and intensive supervision and treatment,
A written statement of conditions of regimen of strict and intensive supervision and treatment shall be given to respondent and to his or her counsel, any designated service providers or treating professionals, commissioner, attorney general and supervising parole officer.
10.11 Regimen of strict and intensive supervision and treatment,
A written statement of conditions of regimen of strict and intensive supervision and treatment shall be given to respondent and to his or her counsel, any designated service providers or treating professionals, commissioner, attorney general and supervising parole officer.
10.11 Regimen of strict and intensive supervision and treatment,
A regimen of strict and intensive supervision does not ________ running of any form of supervision in criminal cases, including but not limited to post-release supervision and parole.
toll
10.11 Regimen of strict and intensive supervision and treatment,
(1) Persons ordered into a regimen of strict and intensive supervision and treatment pursuant to this article shall be subject to a minimum of ______ face-to-face supervision contacts and _______ collateral contacts per month.
Six….. six
10.11 Regimen of strict and intensive supervision and treatment,
(2) Any agency, organization, professional or service provider designated to provide treatment to person shall, unless otherwise directed by court, submit every ________ months to court, commissioner, attorney general and supervising parole officer a report describing person’s conduct while under a regimen of strict and intensive supervision and treatment.
four
10.11 Regimen of strict and intensive supervision and treatment,
(bard) If a person violates a condition of strict and intensive supervision, their supervision may be revoked. A parole officer may take a person into custody for an evaluation by a psychiatric examiner if they have reasonable cause to believe the person has violated a condition of supervision or if there is an evaluation or report indicating the person may be a dangerous sex offender. The evaluation must be conducted within __________ days.
five
10.11 Regimen of strict and intensive supervision and treatment,
(2) Within ________ days after person is taken into custody for evaluation, attorney general may file:
- (i) a petition for confinement and/or
- (ii) a petition to modify conditions of a regimen of strict and intensive supervision and treatment
Either petition shall be filed in court that issued order imposing regimen of strict and intensive supervision and treatment, and shall be promptly served on respondent and mental hygiene legal service.
If no petition is filed within that time, respondent shall be released immediately, subject to terms of previous order imposing regimen of strict and intensive supervision, but failure to file a petition within such time shall not affect validity of such petition or any subsequent action.
five
10.11 Regimen of strict and intensive supervision and treatment,
(4) A petition for confinement shall contain parole officer’s sworn allegations demonstrating reasonable cause to believe that respondent violated a condition of his or her strict and intensive supervision and shall be accompanied by any written evaluations or reports by a treating professional indicating that respondent may be a dangerous sex offender requiring confinement.
10.11 Regimen of strict and intensive supervision and treatment,
(4) A petition for confinement shall contain parole officer’s sworn allegations demonstrating reasonable cause to believe that respondent violated a condition of his or her strict and intensive supervision and shall be accompanied by any written evaluations or reports by a treating professional indicating that respondent may be a dangerous sex offender requiring confinement.
10.11 Regimen of strict and intensive supervision and treatment,
In absence of a finding that respondent is a dangerous sex offender requiring confinement, respondent shall be released, but court may impose revised conditions of supervision and treatment pending completion of hearing. Within _______ days after a petition for confinement is filed under paragraph two of this sub, court shall conduct a hearing to determine whether respondent is a dangerous sex offender requiring confinement.
30
10.11 Regimen of strict and intensive supervision and treatment,
If court finds that attorney general has not met burden of showing by clear and convincing evidence that respondent is a dangerous sex offender requiring confinement, but finds that respondent continues to be a sex offender requiring strict and intensive supervision, court shall order person to be released under previous order imposing a regimen of strict and intensive supervision and treatment, unless it modifies order imposing a regimen of strict and intensive supervision and treatment pursuant to sub (f) of this section.
10.11 Regimen of strict and intensive supervision and treatment,
If court finds that attorney general has not met burden of showing by clear and convincing evidence that respondent is a dangerous sex offender requiring confinement, but finds that respondent continues to be a sex offender requiring strict and intensive supervision, court shall order person to be released under previous order imposing a regimen of strict and intensive supervision and treatment, unless it modifies order imposing a regimen of strict and intensive supervision and treatment pursuant to sub (f) of this section.
10.11 Regimen of strict and intensive supervision and treatment,
If court determines that attorney general has met burden of showing by clear and convincing evidence that respondent is a dangerous sex offender requiring confinement, court shall order that respondent be committed to a _____________ facility immediately.
secure treatment
10.11 Regimen of strict and intensive supervision and treatment,
(e) If attorney general files only a petition for modification under paragraph two of sub (d) of this section, respondent shall be released but court may impose revised conditions of supervision and treatment pending completion of hearing.
Within _______ days after filing of petition for modification, court shall conduct a hearing to determine whether respondent’s conditions of treatment and supervision should be modified.
five
10.11 Regimen of strict and intensive supervision and treatment,
(f) The court may modify or terminate conditions of regimen of strict and intensive supervision and treatment on petition of supervising parole officer, commissioner, or attorney general. Such petition shall be served on _________and respondent’s counsel.
respondent
10.11 Regimen of strict and intensive supervision and treatment,
- A person subject to a regimen of strict and intensive supervision and treatment pursuant to this article may petition every _________ years for modification or termination,
- First petition may be no sooner than two years after regimen of strict and intensive supervision and treatment commenced,
- service of such petition must be on attorney general, department of corrections and community supervision, and commissioner,
- on receipt of a petition for modification or termination pursuant to this section, court may require department of corrections and community supervision and commissioner to provide a report concerning person’s conduct while subject to a regimen of strict and intensive supervision and treatment.
two
