MHL 10 Volume 1 Flashcards
10.03 Definitions
(a) “Agency with jurisdiction” as to a person means that agency which, during period in question, would be agency responsible for supervising or releasing such person, and can include department corrections and community supervision, office of mental health and office for people with developmental disabilities.
10.03 Definitions
(a) “Agency with jurisdiction” as to a person means that agency which, during period in question, would be agency responsible for supervising or releasing such person, and can include department corrections and community supervision, office of mental health and office for people with developmental disabilities.
10.03 Definitions
(b) “Commissioner” means commissioner of mental health or commissioner of developmental disabilities.
10.03 Definitions
(b) “Commissioner” means commissioner of mental health or commissioner of developmental disabilities.
10.03 Definitions
(d) “Counsel for respondent” means any counsel that has been retained or appointed for respondent, or if no other counsel has been retained or appointed, or prior counsel cannot be located with reasonable efforts, then mental _______________
hygiene legal service.
10.03 Definitions
(e) “Dangerous sex offender requiring confinement” means a person who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility.
10.03 Definitions
(e) “Dangerous sex offender requiring confinement” means a person who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility.
10.03 Definitions
(f) “Designated felony” means any felony offense defined by any of following provisions of penal law:
assault 1 & 2
gang assault 1 & 2
stalking in 1
strangulation 1 & 2
manslaughter 1 & 2
murder 2
aggravated murder 2
murder in 1,
kidnapping 1 & 2
burglary in 1, 2, 3
arson in 1 & 2
robbery in 1, 2 3
promoting prostitution 1 & 2
compelling prostitution
sex trafficking of a child
disseminating indecent material to minors 1
use of a child in a sexual performance
promoting an obscene sexual performance by a child
promoting a sexual performance by a child or
any felony attempt or conspiracy to commit any of foregoing offenses.
10.03 Definitions
(f) “Designated felony” means any felony offense defined by any of following provisions of penal law:
assault 1 & 2
gang assault 1 & 2
stalking in 1
strangulation 1 & 2
manslaughter 1 & 2
murder 2
aggravated murder 2
murder in 1,
kidnapping 1 & 2
burglary in 1, 2, 3
arson in 1 & 2
robbery in 1, 2 3
promoting prostitution 1 & 2
compelling prostitution
sex trafficking of a child
disseminating indecent material to minors 1
use of a child in a sexual performance
promoting an obscene sexual performance by a child
promoting a sexual performance by a child or
any felony attempt or conspiracy to commit any of foregoing offenses.
10.03 Definitions
(g) “Detained sex offender” means a person who is in care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense or designated felony, in that person is either:
10.03 Definitions
(g) “Detained sex offender” means a person who is in care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense or designated felony, in that person is either:
10.03 Definitions
(i) “Mental abnormality” means a congenital or acquired condition, disease or disorder that affects emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct.
10.03 Definitions
(i) “Mental abnormality” means a congenital or acquired condition, disease or disorder that affects emotional, cognitive, or volitional capacity of a person in a manner that predisposes him or her to commission of conduct constituting a sex offense and that results in that person having serious difficulty in controlling such conduct.
10.03 Definitions
(j) “Psychiatric examiner” means a qualified psychiatrist or a licensed psychologist who has been designated to examine a person pursuant to this article, such designee may, but need not, be an employee of office of mental health or office for people with developmental disabilities.
10.03 Definitions
(j) “Psychiatric examiner” means a qualified psychiatrist or a licensed psychologist who has been designated to examine a person pursuant to this article, such designee may, but need not, be an employee of office of mental health or office for people with developmental disabilities.
10.03 Definitions
“Qualified psychiatrist” means a physician licensed to practice medicine in New York state who:
(1) is a diplomate of American board of psychiatry and neurology or is eligible to be certified by that board, or
(2) is certified by American osteopathic board of neurology and psychiatry or is eligible to be certified by that board.
10.03 Definitions
“Qualified psychiatrist” means a physician licensed to practice medicine in New York state who:
(1) is a diplomate of American board of psychiatry and neurology or is eligible to be certified by that board, or
(2) is certified by American osteopathic board of neurology and psychiatry or is eligible to be certified by that board.
10.03 Definitions
(I) “Related offenses” include any offenses that are prosecuted as part of same criminal action or proceeding, or which are part of same criminal transaction, or which are bases of orders of commitment received by department of correctional services in connection with an incarcerated individual’s current term of incarceration.
10.03 Definitions
(I) “Related offenses” include any offenses that are prosecuted as part of same criminal action or proceeding, or which are part of same criminal transaction, or which are bases of orders of commitment received by department of correctional services in connection with an incarcerated individual’s current term of incarceration.
10.03 Definitions
(m) “Release” and “released” means release, conditional release, or discharge from confinement, from community supervision by department of corrections and community supervision, or from an order of observation, commitment, recommitment, or retention.
10.03 Definitions
(m) “Release” and “released” means release, conditional release, or discharge from confinement, from community supervision by department of corrections and community supervision, or from an order of observation, commitment, recommitment, or retention.
10.03 Definitions
(n) “Respondent” means a person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed, or filed by attorney general and not dismissed, or sustained by procedures under this article.
10.03 Definitions
(n) “Respondent” means a person referred to a case review team for evaluation, a person as to whom a sex offender civil management petition has been recommended by a case review team and not yet filed, or filed by attorney general and not dismissed, or sustained by procedures under this article.
10.03 Definitions
(o) “Secure treatment facility” means a facility or a portion of a facility, designated by commissioner, which may include a facility located on grounds of a correctional facility, which is staffed with personnel from office of mental health or office for people with developmental disabilities for purposes of providing care and treatment to persons confined under this article, and persons defined in paragraph five of sub (g) of this section. Personnel from these same agencies may provide security services, provided that such staff are adequately trained in security methods and so equipped as to minimize risk or danger of escape.
10.03 Definitions
(o) “Secure treatment facility” means a facility or a portion of a facility, designated by commissioner, which may include a facility located on grounds of a correctional facility, which is staffed with personnel from office of mental health or office for people with developmental disabilities for purposes of providing care and treatment to persons confined under this article, and persons defined in paragraph five of sub (g) of this section. Personnel from these same agencies may provide security services, provided that such staff are adequately trained in security methods and so equipped as to minimize risk or danger of escape.
10.03 Definitions
(p) “Sex offense” means an act or acts constituting:
(1) any felony defined in PL 130 Sex offenses, including a sexually motivated felony,
(2)
patronizing a person for prostitution 1,
aggravated patronizing a minor for prostitution 1, 2, 3
incest 1 & 2
(3) a felony attempt or conspiracy to commit any of foregoing offenses set forth in this sub, or
(4) a designated felony, as defined in sub (f) of this section, if sexually motivated and committed prior to effective date of this article.
10.03 Definitions
(p) “Sex offense” means an act or acts constituting:
(1) any felony defined in PL 130 Sex offenses, including a sexually motivated felony,
(2)
patronizing a person for prostitution 1,
aggravated patronizing a minor for prostitution 1, 2, 3
incest 1 & 2
(3) a felony attempt or conspiracy to commit any of foregoing offenses set forth in this sub, or
(4) a designated felony, as defined in sub (f) of this section, if sexually motivated and committed prior to effective date of this article.
10.03 Definitions
(q) “Sex offender requiring civil management” means a detained sex offender who suffers from a mental abnormality. A sex offender requiring civil management can, as determined by procedures set forth in this article, be either
(1) a dangerous sex offender requiring confinement or
(2) a sex offender requiring strict and intensive supervision.
(q) “Sex offender requiring civil management” means a detained sex offender who suffers from a mental abnormality. A sex offender requiring civil management can, as determined by procedures set forth in this article, be either
