What's happening
This bill expands the definition of "agency with jurisdiction" and "detained sex offender" to include more agencies and offenses for civil commitment or supervision.
Why it matters
Expanding "agency with jurisdiction" to include county sheriffs and probation departments means more local authorities will be responsible for supervising or releasing sex offenders, potentially increasing oversight and accountability at the local level.
Redefining "detained sex offender" to include those convicted of certain misdemeanors (not just felonies) under Article 130 of the Penal Law broadens the population eligible for civil commitment or supervision, which could lead to more individuals being subject to post-sentence restrictions.
Allowing prior convictions from other states (if the conduct would be a designated felony in New York) to qualify someone as a "detained sex offender" closes potential loopholes for offenders moving between states, strengthening cross-state enforcement and public safety.
By including probation departments as agencies with jurisdiction, individuals who are not incarcerated but under probation supervision for sex offenses can now be more easily monitored or referred for civil management, addressing gaps in supervision for offenders not in prison.
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Who cares
Headline styles
Expand Sex Offender Commitment
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Reported and committed to finance
- Referred to mental health and developmental disabilities
- Reported and committed to finance
- Referred to mental health and developmental disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2646
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to detained sex offenders requiring civil commitment or supervision
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
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 the laws of 2011 and subdivision (g) as added by chapter 7 of the laws of 2007, are amended to read as follows:
(a) "Agency with jurisdiction" as to a person means that agency which, during the period in question, would be the agency responsible for supervising or releasing such person, and can include the department of corrections and community supervision, the office of mental health, [and] the office for people with developmental disabilities, a county sheriff and any probation department in the state.
(g) "Detained sex offender" means a person who is in the care, custody, control, or supervision of an agency with jurisdiction, with respect to a sex offense [or], designated felony or misdemeanor defined in article one hundred thirty of the penal law, in that the person is either:
(1) A person who stands convicted of a sex offense as defined in subdivision (p) of this section, and is currently serving a sentence for, or subject to supervision by the division of parole, whether on parole or on post-release supervision, for such offense or for a related offense;
(2) A person charged with a sex offense who has been determined to be an incapacitated person with respect to that offense and has been committed pursuant to article seven hundred thirty of the criminal procedure law, but did engage in the conduct constituting such offense;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00582-01-7
S. 2646 2
(3) A person charged with a sex offense who has been found not responsible by reason of mental disease or defect for the commission of that offense;
(4) A person who stands convicted of a designated felony that was sexually motivated and committed prior to the effective date of this article;
(5) A person convicted of a sex offense who is, or was at any time after September first, two thousand five, a patient in a hospital operated by the office of mental health, and who was admitted directly to such facility pursuant to article nine of this title or section four hundred two of the correction law upon release or conditional release from a correctional facility, provided that the provisions of this article shall not be deemed to shorten or lengthen the time for which such person may be held pursuant to such article or section respectively; [or]
(6) A person who has been determined to be a sex offender requiring civil management pursuant to this article[.]; or
(7) A person previously convicted of conduct, which had it occurred in this state, would have constituted a designated felony.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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".
Section 2 Contains the effective date.
Justification
A gap exists in current law related to the civil confinement of dangerous 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 available.
Legislative history
2015-16: S.5270 Passed Senate
Fiscal implications
None
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.