Senate Bill S2646

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2646
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             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 Develop-
   mental 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 ASSEM-
 BLY, 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, custo-
 dy, control, or supervision of an agency with jurisdiction, with respect
 to a sex offense [or], designated felony OR MISDEMEANOR DEFINED IN ARTI-
 CLE 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 respon-
 sible 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  oper-
 ated  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 arti-
 cle 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.