Senate Bill S7794

                                 BILL NUMBER:  S7794

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to the department of "mental abnormality" for purposes of civil
commitment or supervision of sex offenders

 PURPOSE OF THE BILL :

To strengthen the state's civil confinement statute related to the
mental abnormality of a defendant

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill amends section 10.03(i) of the Mental Hygiene
Law to expand the definition of mental abnormality to include a
diagnosis of antisocial personality disorder, borderline personality
disorder and psychopathy.

Section 2 of the bill states that this Act shall take effect
immediately.

 JUSTIFICATION :

On October 28, 2014, the NY Court of Appeals held in a divided 4-3
opinion that a sex offender's diagnosis of antisocial personality
disorder (ASPD) is not a relevant diagnosis in determining whether a
              

sex offender should be civilly confined after serving a sentence of
imprisonment. State of New York v. Donald DD, 24 NY3d 174 (NY 2014).
The court's holding caused the release from civil confinement of a sex
offender who served 6 months imprisonment for rape in the second
degree, attempted rape in the second degree, and endangering the
welfare of a child. Upon his initial release from incarceration, the
sex offender then committed sexual abuse in the second degree.

Based on this court decision, the Office of Mental Health has been
forced to release from confinement at least 13 sex offenders diagnosed
with APSD, who are now a threat to society.

The court's holding contradicts the opinions of mental health experts
and law enforcement officials who believe that in certain cases, sex
offenders diagnosed with ASPD have a propensity for sexual misconduct.
In fact, courts in other states have repeatedly recognized a diagnosis
of ASPD as constitutional grounds for civil confinement of a sex
offender. See e.g. Commonwealth v. Mazzarino, 81 Mass. App. Ct. 358,
369-70 (Mass. 2012); In re Detention of Bernard Thorell, 149 Wn.2d 724
(Sup Ct Wash. 2003).

The state of New York must be vigilant in keeping dangerous sex
offenders away from the public. Moreover, keeping these sex offenders
in civil confinement will ensure that they continue to receive the
mental health treatment they need before re-entering society.

 PRIOR LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
Immediately