S T A T E O F N E W Y O R K
________________________________________________________________________
5629
2011-2012 Regular Sessions
I N A S S E M B L Y
February 24, 2011
___________
Introduced by M. of A. MURRAY -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law and the criminal procedure law, in
relation to sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 168-a of the correction law, as
added by chapter 192 of the laws of 1995, is amended to read as follows:
1. "Sex offender" includes (A) any person who is convicted of any of
the offenses set forth in subdivision two or three of this section; OR
(B) ANY PERSON AGAINST WHOM A VERDICT OF NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT IS ENTERED OR FROM WHOM A PLEA OF NOT RESPONSI-
BLE BY REASON OF MENTAL DISEASE OR DEFECT IS ACCEPTED WHERE THE OFFENSE
OR OFFENSES CHARGED IN THE INDICTMENT OR ACCUSATORY INSTRUMENT INCLUDE
ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OR THREE OF THIS
SECTION. Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall be count-
ed for the purpose of this article as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this article.
S 2. Subdivision 6 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
6. Initial hearing; commitment order. After the examination reports
are submitted, the court must, within ten days of the receipt of such
reports, conduct an initial hearing to determine the defendant's present
mental condition. If the defendant is in the custody of the commissioner
pursuant to an examination order, the court must direct the sheriff to
obtain custody of the defendant from the commissioner and to confine the
defendant pending further order of the court, except that the court may
direct the sheriff to confine the defendant in an institution located
near the place where the court sits if that institution has been desig-
nated by the commissioner as suitable for the temporary and secure
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04936-01-1
A. 5629 2
detention of mentally disabled persons. At such initial hearing, the
district attorney must establish to the satisfaction of the court that
the defendant has a dangerous mental disorder or is mentally ill. If the
court finds that the defendant has a dangerous mental disorder, it must
issue a commitment order, PROVIDED HOWEVER THAT WHERE THE OFFENSE OR
OFFENSES CHARGED IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE
DEFENDANT INCLUDE ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OR
THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW THE
ORDER SHALL REQUIRE THE DEFENDANT TO COMPLY WITH THE PROVISIONS OF ARTI-
CLE SIX-C OF THE CORRECTION LAW UPON DISCHARGE OR CONDITIONAL RELEASE.
If the court finds that the defendant does not have a dangerous mental
disorder but is mentally ill, the provisions of subdivision seven of
this section shall apply.
S 3. Subdivision 7 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
7. Initial hearing civil commitment and order of conditions. If, at
the conclusion of the initial hearing conducted pursuant to subdivision
six of this section, the court finds that the defendant is mentally ill
but does not have a dangerous mental disorder, the provisions of arti-
cles nine or fifteen of the mental hygiene law shall apply at that stage
of the proceedings and at all subsequent proceedings. Having found that
the defendant is mentally ill, the court must issue an order of condi-
tions and an order committing the defendant to the custody of the
commissioner. The latter order shall be deemed an order made pursuant to
the mental hygiene law and not pursuant to this section, and further
retention, conditional release or discharge of such defendant shall be
in accordance with the provisions of the mental hygiene law, PROVIDED
HOWEVER THAT WHERE THE OFFENSE OR OFFENSES CHARGED IN THE INDICTMENT OR
ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE ANY OF THE OFFENSES
SET FORTH IN SUBDIVISION TWO OR THREE OF SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE DEFEND-
ANT TO COMPLY WITH THE PROVISIONS OF ARTICLE SIX-C OF THE CORRECTION LAW
UPON DISCHARGE OR CONDITIONAL RELEASE. If, at the conclusion of the
initial hearing, the court finds that the defendant does not have a
dangerous mental disorder and is not mentally ill, the court must
discharge the defendant either unconditionally or subject to an order of
conditions, PROVIDED HOWEVER THAT WHERE THE OFFENSE OR OFFENSES CHARGED
IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE
ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE
DEFENDANT TO COMPLY WITH THE PROVISIONS OF ARTICLE SIX-C OF THE
CORRECTION LAW UPON UNCONDITIONAL DISCHARGE OR CONDITIONAL RELEASE.
S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.