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SECTION 10.03
Definitions
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 10
§ 10.03 Definitions.

As used in this article, the following terms shall have the following
meanings:

(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.

(b) "Commissioner" means the commissioner of mental health or the
commissioner of developmental disabilities.

(c) "Correctional facility" means a correctional facility as that term
is defined in section two of the correction law.

(d) "Counsel for respondent" means any counsel that has been retained
or appointed for respondent, or if no other counsel has been retained or
appointed, or prior counsel cannot be located with reasonable efforts,
then the mental hygiene legal service.

(e) "Dangerous sex offender requiring confinement" means a person who
is a detained sex offender suffering from a mental abnormality involving
such a strong predisposition to commit sex offenses, and such an
inability to control behavior, that the person is likely to be a danger
to others and to commit sex offenses if not confined to a secure
treatment facility.

(f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
sex trafficking of a child as defined in section 230.34-a, disseminating
indecent material to minors in the first degree as defined in section
235.22, use of a child in a sexual performance as defined in section
263.05, promoting an obscene sexual performance by a child as defined in
section 263.10, promoting a sexual performance by a child as defined in
section 263.15, or any felony attempt or conspiracy to commit any of the
foregoing offenses.

(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, 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;

(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.

(h) "Licensed psychologist" means a person who is registered as a
psychologist under article one hundred fifty-three of the education law.

(i) "Mental abnormality" means a congenital or acquired condition,
disease or disorder that affects the emotional, cognitive, or volitional
capacity of a person in a manner that predisposes him or her to the
commission of conduct constituting a sex offense and that results in
that person having serious difficulty in controlling such conduct.

(j) "Psychiatric examiner" means a qualified psychiatrist or a
licensed psychologist who has been designated to examine a person
pursuant to this article; such designee may, but need not, be an
employee of the office of mental health or the office for people with
developmental disabilities.

(k) "Qualified psychiatrist" means a physician licensed to practice
medicine in New York state who: (1) is a diplomate of the American board
of psychiatry and neurology or is eligible to be certified by that
board; or (2) is certified by the American osteopathic board of
neurology and psychiatry or is eligible to be certified by that board.

(l) "Related offenses" include any offenses that are prosecuted as
part of the same criminal action or proceeding, or which are part of the
same criminal transaction, or which are the bases of the orders of
commitment received by the department of correctional services in
connection with an inmate's current term of incarceration.

(m) "Release" and "released" means release, conditional release or
discharge from confinement, from community supervision by the department
of corrections and community supervision, or from an order of
observation, commitment, recommitment or retention.

(n) "Respondent" means a person referred to a case review team for
evaluation, a person as to whom a sex offender civil management petition
has been recommended by a case review team and not yet filed, or filed
by the attorney general and not dismissed, or sustained by procedures
under this article.

(o) "Secure treatment facility" means a facility or a portion of a
facility, designated by the commissioner, that may include a facility
located on the grounds of a correctional facility, that is staffed with
personnel from the office of mental health or the office for people with
developmental disabilities for the purposes of providing care and
treatment to persons confined under this article, and persons defined in
paragraph five of subdivision (g) of this section. Personnel from these
same agencies may provide security services, provided that such staff
are adequately trained in security methods and so equipped as to
minimize the risk or danger of escape.

(p) "Sex offense" means an act or acts constituting: (1) any felony
defined in article one hundred thirty of the penal law, including a
sexually motivated felony; (2) patronizing a person for prostitution in
the first degree as defined in section 230.06 of the penal law,
aggravated patronizing a minor for prostitution in the first degree as
defined in section 230.13 of the penal law, aggravated patronizing a
minor for prostitution in the second degree as defined in section 230.12
of the penal law, aggravated patronizing a minor for prostitution in the
third degree as defined in section 230.11 of the penal law, incest in
the second degree as defined in section 255.26 of the penal law, or
incest in the first degree as defined in section 255.27 of the penal
law; (3) a felony attempt or conspiracy to commit any of the foregoing
offenses set forth in this subdivision; or (4) a designated felony, as
defined in subdivision (f) of this section, if sexually motivated and
committed prior to the effective date of this article.

(q) "Sex offender requiring civil management" means a detained sex
offender who suffers from a mental abnormality. A sex offender requiring
civil management can, as determined by procedures set forth in this
article, be either (1) a dangerous sex offender requiring confinement or
(2) a sex offender requiring strict and intensive supervision.

(r) "Sex offender requiring strict and intensive supervision" means a
detained sex offender who suffers from a mental abnormality but is not a
dangerous sex offender requiring confinement.

(s) "Sexually motivated" means that the act or acts constituting a
designated felony were committed in whole or in substantial part for the
purpose of direct sexual gratification of the actor.