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History
- Referred to rules
Companion bill
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Eliminates the alternative of strict and intensive supervision and treatment for sex offenders requiring civil management; repealer
In Assembly Committee · Mental Health · Sponsor Joseph Saladino
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S8335
Title of bill
An act to amend the mental hygiene law, in relation to eliminating the alternative of strict and intensive supervision and treatment for sex offenders requiring civil management; and to repeal section 10.11 of the mental hygiene law and subdivision 9-a of section 259-a of the executive law relating thereto
Purpose or general idea of bill
To expand civil confinement for sex offenders deemed at high risk for re-offense by eliminating the option of strict and intensive supervision and treatment as an alternative thereto.
Summary of specific provisions
Section one amends Mental Hygiene Law section 10.01(c) to delete current language which establishes a legislative finding that for some sex offenders it can be effective and appropriate to provide an intensive regimen of strict and intensive outpatient supervision.
Section 2 makes conforming amendments to Mental Hygiene Law section 10.03(q), (r) and (s) to remove existing references to provisions that allow certain sex offenders to be subject to strict and intense super- vision (thereby leaving confinement as the only option).
Sections 3 through 5 make similar conforming amendments to Mental Hygiene Law sections 10.07(1), 10.08(g), 10.09(e), (1) and (h).
Section 6 repeals Mental Hygiene Law section 10.11, which sets forth provisions for strict and intensive supervision of sex offenders.
Section 7 repeals subdivision 9-a of Section 259-a of the Executive Law which includes within the functions, powers and duties of the Division of Parole, the requirement that the Division supervise all persons who are subject to a regimen of strict and intensive supervision and treat- ment and to periodically update rules and regulations concerning such supervision.
Section 8 provides the effective date.
Justification
Under the Sex Offender Management and Treatment Act, (SOMTA), after a jury has unanimously found a person to be a detained sex offender suffering from a mental abnormality, the court must order such offender to be either civilly committed in a secure treatment facility or released to a regimen of Strict and Intensive Supervision and Treatment (SIST). However, statistics obtained from the Division of Criminal Justice Services show that strict and intensive supervision and treat- ment has been ineffective, yielding a 52 percent violation rate. As of April 30, 2010, of the 86 sex offenders ordered to Strict and Intensive Supervision and Treatment, 22 have since been incarcerated, 16 have been
civilly confined, and eight others have violated but remain in (or have been returned to) the community.
This high probability that offenders on SIST will re-offend or violate treatment conditions proves that sex offenders with mental abnormalities should not be released back into our communities to be given a second or third chance to be civilly confined or to commit new crimes with new victims. The presence of dangerous sex offenders living in the community is an unacceptable danger. Therefore, the option afforded to the court to order a sex offender with a mental abnormality to be released on SIST must be removed from statute.
Prior legislative history
New Bill.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.