Defines repeat sex offender and establishes procedures for the evaluation and supervision of repeat sex offenders requiring continuing civil management

Title of bill

An act to amend the mental hygiene law, in relation to defining "repeat sex offender" and establishing procedures for the evaluation and supervision of repeat sex offenders requiring continuing civil management

Purpose or general idea of bill

To clarify and establish better procedures for the evaluation and supervision of repeat sex offenders requiring continuing civil management.

Summary of specific pr0visions

Section 2 Subdivisions (a), (d), and (g) of section 10.05 of the mental hygiene law, as added by chapter 7 of the laws of 2007, are amended to read as follows:

All repeat sex offenders will be referred by the Department of Corrections to the three person case review team without first going to the multi-disciplinary review team for initial evaluation: the case review team will be comprised of at least two psychiatric examiners with expertise, as defined by the legislation; the staffing and administration of the case review team will be conducted by the Department of Criminal Justice Services instead of the Office of Mental Health; following the evaluation, the case review term will make a decision to refer the case to the Attorney General's office; two of the three members of the case review team must be in agreement that a referral needs to be made; the Attorney General's Office and the respondent will be notified in writing of this decision.

Justification

As it is now written SOMTA (sex offender management and treatment act) contains an inherent conflict of interest for the State Office of Mental Health (OMH). This conflict arises from the fact that OMH is responsible for making the evaluations that determine a person's referral to the Attorney General's office for a petition of civil management while at the same time being the agency that would bear the fiscal burden if that petition were to be granted.

Under the current multi-disciplinary review team structure a 100 year old repeat sex offender in Western New York was allowed to be set free under supervision of parole instead of being civilly confined. After just a few weeks this repeat sex offender, who had gone to prison and served his time for sexual abuse of his own sibling, violated his parole and publicly expressed that he "couldn't wait to be with his grandchildren."

Weighing the costs of civil management during a time of immense state fiscal crisis could play, however inadvertently, a role in the decision-making process and therefore a revised method of evaluation needs to be developed. This bill would revise the method that will still place the mental health of the sex offender in the forefront of the decision-making process while also taking into consideration concern for the public's safety, protecting the criminal justice system, as well as the rights of the citizens of the state.

Prior legislative history

New bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the 30th day after it shall have become law; provided that effective immediately, the addition, amendment and or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.