MHL Volume 2 Flashcards
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
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.
xx
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
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
(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
(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.
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
(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
(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
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.
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
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.
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
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
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.
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
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