Authorizes the civil commitment of detained persons convicted of a misdemeanor sex offense or with a prior conviction in another state of an offense that would be a designated felony

1 Co-sponsor

• Andrew J. Lanza

BILL NUMBER:S5270

Title of bill

An act to amend the mental hygiene law, in relation to detained sex offenders requiring civil commitment or supervision

Purpose

To authorize the civil commitment of detained persons convicted of a misdemeanor sex offense with a prior conviction in another state of an offense that would be a designated felony.

Summary of provisions

Section 1 Subdivisions (a) and (g) of section 10.03 of the mental hygiene law, subdivision (a) as amended by section 118-a of subpart B of part C of chapter 62 of 2011 and subdivision (g) as added by chapter 7 of 2007, are amended to define "agency with jurisdiction" and "detained sex offender". Subdivision 6 adds a person previously convicted of conduct, which had it occurred in this state, would have constituted a designated felony.

Section 2 Contains the effective date.

Justification

A gap exists in current law related to the civil confinement of danger- ous sex offenders who previously committed criminal sex offenses out of the state. This legislation seeks to fill a void in the current statute by allowing a referral to the sex offender case review panel, when a defendant convicted of a misdemeanor sex offense in the State of New York, and has been previously convicted of a crime that had it occurred in the state of New York, would have been considered a designated felony offense under Article 10 of the Mental Hygiene Law. When an individual moves to New York with a dangerous criminal history and then commits a subsequent sex offense, the remedy of civil confinement should be avail- able.

Legislative history

New Bill

Fiscal implications

None

Effective date

This act shall take effect immediately.