MHL Volume 2 Flashcards by C P

10.05 Notice and case review

The commissioner of mental health, in consultation with commissioner of department of corrections and community supervision and commissioner of developmental disabilities, shall establish a case review panel consisting of at least _____________ members, any ___________ of whom may sit as a team to review a particular case.

At least _______ members of each team shall be professionals in field of mental health or field of developmental disabilities, as appropriate, should be free to exercise independent professional judgment

fifteen ….three….two

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10.05 Notice and case review

(b)
When it appears to an agency with jurisdiction that a person who may be a detained sex offender is nearing an anticipated release from confinement, agency shall give notice of that fact to attorney general and to commissioner of mental health.

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10.05 Notice and case review

(b)

The agency with jurisdiction shall seek to give such notice at least _____ days prior to person’s anticipated release, but failure to give notice within such time period shall not affect validity of such notice or any subsequent action, including filing of a sex offender civil management petition.

120

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10.05 Notice and case review

(c) The notice to attorney general and commissioner of mental health shall, to extent possible, contain following:
(1) The person’s name, aliases, and other identifying information such as date of birth, sex, physical characteristics, and anticipated future residence,
(2) A photograph and a set of fingerprints,
(3) A description of act or acts that constitute sex offense and a description of person’s criminal history, including person’s most recent sentence and any supervisory terms that it includes,
(4) The presentence reports and other available materials concerning person’s sex offense, and
(5) A description of person’s institutional history, including his or her participation in any sex offender treatment program, and
(6) Records of parole release

10.05 Notice and case review

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10.05 Notice and case review

(d) the commissioner shall be authorized to designate multidisciplinary staff to provide a preliminary review of need for detained sex offenders to be evaluated under procedures of this section.

(Bard) When commissioner receives notice a detained sex offender is nearing an anticipated release from confinement, such staff shall review all related records and reports on a detained sex offender nearing release to decide whether to refer the person to a case review team for evaluation.

10.05 Notice and case review

(d) the commissioner shall be authorized to designate multidisciplinary staff, including clinical and other professional personnel, to provide a preliminary review of need for detained sex offenders to be evaluated under procedures of this section.

When commissioner receives notice a detained sex offender is nearing an anticipated release from confinement, such staff shall review and assess relevant medical, clinical, criminal, and institutional records, actuarial risk assessment instruments and other records and reports, including records of parole release interviews where applicable, and records and reports provided by district attorney of county where person was convicted, or in case of persons determined to be incapacitated or not responsible by reason of mental disease or defect, county where person was charged, on such review and assessment, staff shall determine whether person who is subject of notice should be referred to a case review team for evaluation.

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10.05 Notice and case review

(e) If person is referred to a case review team for evaluation, notice of such referral shall be provided to respondent,
on such referral, case review team shall review relevant records, including those described in subs (c) and (d) of this section, and may arrange for a psychiatric examination of respondent.
Based on review and assessment of such information, case review team shall consider whether respondent is a sex offender requiring civil management.

10.05 Notice and case review

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10.05 Notice and case review

(f) If case review team determines that respondent is not a sex offender requiring civil management, it shall so notify respondent and attorney general, and attorney general _____ file a sex offender civil management petition.

shall not

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10.05 Notice and case review

(g) If case review team finds that respondent is a sex offender requiring civil management, it shall so notify respondent and attorney general, _______

in writing.

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10.05 Notice and case review

The written notice must be accompanied by a written _______ from a psychiatric examiner that includes a finding as to whether respondent has a mental abnormality.

report

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10.05 Notice and case review

Where notice indicates that a respondent stands convicted of or was charged with a designated felony, it shall also include case review team’s finding as to whether act was _______

sexually motivated.

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10.05 Notice and case review

The case review team shall provide its written notice to attorney general and respondent within __________ days of commissioner receiving notice of anticipated release.

forty-five

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10.06 Petition and hearing

(a) If case review team finds that a respondent is a sex offender requiring civil management, then attorney general may file a sex offender civil management petition in _________ or _______ court of county where respondent is located.

supreme court or county

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10.06 Petition and hearing

If attorney general elects to file a sex offender civil management petition, he or she shall serve a copy of petition upon ____

respondent.

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10.06 Petition and hearing

The attorney general shall seek to file petition within ______ after receiving notice of case review team’s finding, but failure to do so within that period shall not affect validity of petition.

thirty days

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10.06 Petition and hearing

(b) Within ______ days after attorney general files a sex offender civil management petition, respondent may file in same court a notice of removal to county of underlying criminal sex offense charges.
The attorney general may, in court in which petition is pending, move for a retention of venue.

Such motion shall be made within ____ days after attorney general is served with a notice of removal, which time may be extended for good cause shown. The court shall grant motion if attorney general shows good cause for such retention.

10….5

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10.06 Petition and hearing

(c) Promptly upon filing of a sex offender civil management petition, or upon a request to court by attorney general for an order pursuant to sub (d) of this section that a respondent submit to an evaluation by a psychiatric examiner, whichever occurs earlier, court shall appoint counsel in any case where respondent is financially unable to obtain counsel.

The court shall appoint ___________ if possible.
In event that court determines that mental hygiene legal service cannot accept appointment, court shall appoint 18B attorney, or an entity, if any, that has contracted for delivery of legal representation services under MHL 10.15.
Counsel for respondent shall be provided with copies of written notice made by case review team, petition, and written reports of psychiatric examiners.

mental hygiene legal service

10.06 Petition and hearing

At any time after receiving notice a detained sex offender is nearing an anticipated release from confinement, and prior to trial, attorney general may request court in which sex offender civil management petition could be filed, or is pending, to order respondent to submit to an evaluation by a psychiatric examiner, on such a request, court shall order that respondent submit to an evaluation by a psychiatric examiner chosen by attorney general and, if respondent is not represented by counsel, court shall appoint counsel for respondent.

Following evaluation, such psychiatric examiner shall report his or her findings in writing to attorney general, to counsel for respondent, and to court.

10.06 Petition and hearing

Following evaluation, such psychiatric examiner shall report his or her findings in writing to attorney general, to counsel for respondent, and to court.

10.06 Petition and hearing

(e) At any time after filing of a sex offender civil management petition, and prior to trial, respondent may request court in which petition is pending to order that he or she be evaluated by a psychiatric examiner, on such a request, court shall order an evaluation by a psychiatric examiner

If respondent is financially unable to obtain an examiner, court shall appoint an examiner of respondent’s choice to be paid within limits prescribed by law.

Following evaluation, such psychiatric examiner shall report his or her findings in writing to respondent or counsel for respondent, to attorney general, and to court.

10.06 Petition and hearing

If respondent is financially unable to obtain an examiner, court shall appoint an examiner of respondent’s choice to be paid within limits prescribed by law.

Following evaluation, such psychiatric examiner shall report his or her findings in writing to respondent or counsel for respondent, to attorney general, and to court.

10.06 Petition and hearing

If it appears that respondent may be released prior to time case review team makes a determination, and attorney general determines that protection of public safety so requires, attorney general may file a _________ at any time after receipt of written notice a detained sex offender is nearing an anticipated release from confinement.

In such circumstance, there shall be no probable cause hearing until such time as case review team may find that respondent is a sex offender requiring civil management.

If case review team determines that respondent is not a sex offender requiring civil management, attorney general shall so advise court and securing petition shall be dismissed.

securing petition

10.06 Petition and hearing

(g) Within _____ days after sex offender civil management petition is filed, or within such longer period as to which respondent may consent, supreme court or county court before which petition is pending shall conduct a hearing without a jury to determine whether there is probable cause to believe that respondent is a sex offender requiring civil management.

10.06 Petition and hearing

(h) If respondent was released subsequent to notice that a detained sex offender is nearing an anticipated release from confinement, and is therefore at liberty when petition is filed, court shall order respondent’s return to confinement, observation, commitment, recommitment, or retention, as applicable, for purposes of probable cause hearing.

- When a court issues such an order, hearing shall commence no later than ______ hours from date of respondent’s return
If respondent is not at liberty when petition is filed but becomes eligible to be released prior to probable cause hearing, court shall order stay of such release pending probable cause hearing.
- When a court issues such an order, hearing shall commence no later than seventy-two hours from date of respondent’s anticipated release date.
In either case, release of respondent shall be in accordance with other provisions of law if hearing does not commence within such period of ______ hours, unless:
- (i) failure to commence hearing was due to respondent’s request, action, or condition, or occurred with his or her consent, or
- (ii) court is satisfied that attorney general has shown good cause why hearing could not commence.

seventy-two…. 72

10.06 Petition and hearing

(I)

The hearing should be completed in one session but, in interest of justice, may be adjourned by court

10.06 Petition and hearing

(I)

The hearing should be completed in one session but, in interest of justice, may be adjourned by court

10.06 Petition and hearing

(k) At conclusion of hearing, court shall determine whether there is _________ to believe that respondent is a sex offender requiring civil management.

probable cause

10.06 Petition and hearing

(k)

If court determines that probable cause has been established:

(i) court shall order that respondent be committed to a secure treatment facility designated by commissioner for care, treatment, and control upon his or her release, provided, however, that a respondent who otherwise would be required to be transferred to a secure treatment facility may, upon a written consent signed by respondent and his or her counsel, consent to remain in custody of Department of corrections and community supervision pending outcome of proceedings under this article, and that such consent may be revoked in writing at any time,

10.06 Petition and hearing

(k)

If court determines that probable cause has been established:

10.06 Petition and hearing - (1) If a transferred respondent is disruptive at a secure treatment facility, the person in charge can initiate a proceeding to transfer them to the Department of Corrections and Community Supervision. - (2) The respondent will receive a written notice of the proceeding, detailing the allegations, possible sanctions, and the hearing date, time, and location. - (3) The hearing will be held within ten to _________ days of the notice being served to him and provided to their counsel. - - The hearing will be conducted by the director of the secure treatment facility or their designee, and the respondent may have counsel present."

60 days

10.06 Petition and hearing - (Bard) If the presiding officer finds that there is a preponderance of evidence that the respondent has been disruptive, they may order the respondent to be transferred back to the custody of the department of corrections and community supervision for up to six months. - - However, when the respondent reaches the maximum expiration date of their underlying sentence, they must be returned to a secure treatment facility unless they agree to remain in the custody of the department of corrections and community supervision or if a final order requires placement in a secure treatment facility. - After the hearing, the presiding officer will prepare a written statement summarizing the evidence relied on, the reasons for their decision, and the procedures and timeframe for appealing the decision to the commissioner. - - The respondent will have at least ten days after receiving notice of the decision and a transcript or recording of the proceeding to perfect their appeal. - The respondent may be represented by counsel on administrative appeal.

10.06 Petition and hearing (4) At conclusion of hearing, if presiding officer is satisfied that there is a preponderance of evidence that respondent has been significantly disruptive of treatment program at secure treatment facility, presiding officer shall so find. In such event, presiding officer may order respondent's transfer back to custody of department of corrections and community supervision for a period of up to six months, provided however, that when such respondent reaches maximum expiration date of his or her underlying sentence he or she shall be returned to a secure treatment facility unless he or she consents in to remaining in custody of department of corrections and community supervision and provided further that he or she shall be returned to a secure treatment facility if final order issued requires placement in a secure treatment facility. (5) At conclusion of hearing, presiding officer shall prepare a written statement, to be made available to respondent and his or her counsel, indicating evidence relied on, reasons for determination and specifying procedures and time frame for administrative appeal to commissioner. The determination may be appealed to commissioner in accordance with procedures established in writing by department. The respondent shall be given at least ten days after notice of determination has been served and transcript or recording of proceeding (with appropriate access equipment) has been provided to perfect appeal. The respondent may be represented by counsel on administrative appeal.

______ days before release to notify AG. _______ days for CRT to provide notice back to AG. _______ days for AG to file pet after CRT notice. _______ days to commence trial after filing pet.

120....45....30....30