§ 10.08 Procedures under this article.

(a) When a respondent submits to an examination pursuant to an order
issued in accordance with this article, any statement made by the
respondent for the purpose of the examination shall be kept confidential
in accordance with the provisions of section 33.13 of this chapter and
shall be inadmissible in evidence against him or her in any criminal
action or proceeding, provided that such statements may be used in
proceedings under this article.

(b) A psychiatric examiner chosen by the attorney general shall have
reasonable access to the respondent for the purpose of such examination,
as well as to the respondent's relevant medical, clinical, criminal or
other records and reports. A psychiatric examiner chosen by or appointed
on behalf of the respondent shall have reasonable access to the
respondent's relevant medical, clinical or criminal records and reports,
except that such psychiatric examiner shall not have access without
court order and for good cause shown to the name of, address of, or any
other identifying information about the victim or victims. To the extent
possible, such identifying information should be redacted so as to
provide the examiner with access to the balance of the document. In
conducting examinations under this article, psychiatric examiners may
employ any method that is accepted by the medical profession for the
examination of persons alleged to be suffering from a mental disability
or mental abnormality.

(c) Notwithstanding any other provision of law, the commissioner, the
case review panel and the attorney general shall be entitled to request
from any agency, office, department or other entity of the state, and
such entity shall be authorized to provide upon such request, any and
all records and reports relating to the respondent's commission or
alleged commission of a sex offense, the institutional adjustment and
any treatment received by such respondent, and any medical, clinical or
other information relevant to a determination of whether the respondent
is a sex offender requiring civil management. Otherwise confidential
materials obtained for purposes of proceedings pursuant to this article
shall not be further disseminated or otherwise used except for such
purposes. Nothing in this article shall be construed to restrict any
right of a respondent to obtain his or her own records pursuant to other
provisions of law.

(d) The attorney general shall make records in his or her possession
and relevant to the respondent available for inspection or copying by
counsel for the respondent for purposes of hearing, trial, and appeal
provided, however, that counsel shall not have access to the name of,
address of, or any other identifying information about the victim or
victims, or to any investigative or other reports that relate to matters
beyond the scope of the proceedings and are confidential or privileged
from disclosure. To the extent possible, such identifying information
should be redacted so as to provide counsel with access to the balance
of the document.

(e) At any hearing or trial pursuant to the provisions of this
article, the court may change the venue of the trial to any county for
good cause, which may include considerations relating to the convenience
of the parties or witnesses or the condition of the respondent.

(e-1) Records or reports provided to the respondent in accordance with
this article shall be disclosed in the circumstances and in the same
manner as records and reports disclosed pursuant to the provisions of
section 33.16 of this chapter.

(f) Time periods specified by provisions of this article for actions
by state agencies are goals that the agencies shall try to meet, but
failure to act within such periods shall not invalidate later agency
action except as explicitly provided by the provision in question. The
court may extend any time period at the request, or on the consent, of
the respondent. No provision of this article shall be interpreted so as
to prevent a respondent, after opportunity to consult with counsel for
respondent, from consenting to the relief which could be sought by an
agency with jurisdiction by means of a court proceeding under this
article.

(g) In preparing for or conducting any hearing or trial pursuant to
the provisions of this article, and in preparing any petition under the
provisions of this article, the respondent shall have the right to have
counsel represent him or her, provided that the respondent shall not be
entitled to appointment of counsel prior to the time provided in section
10.06 of this article. The attorney general shall represent the state.
Any relevant written reports of psychiatric examiners shall be
admissible, regardless of whether the author of the report is called to
testify, so long as they are certified pursuant to subdivision (c) of
rule forty-five hundred eighteen of the civil practice law and rules, in
any proceeding or hearing held pursuant to subdivision (g) or (h) of
section 10.06 of this article, paragraph two of subdivision (a), or
paragraph four of subdivision (d), or subdivision (e), (g) or (h) of
section 10.11 of this article. In all other proceedings or hearings held
pursuant to this article, such admissibility shall require a showing of
the author's unavailability to testify, or other good cause. All plea
minutes and prior trial testimony from the underlying criminal
proceeding, and records from previous proceedings under this article,
shall be admissible. Each witness, whether called by the attorney
general or the respondent, must, unless he or she would be authorized to
give unsworn evidence at a trial, testify under oath, and may be
cross-examined. The respondent may, as a matter of right, testify in his
or her own behalf, call and examine other witnesses, and produce other
evidence in his or her behalf. The respondent may not, however, cause a
subpoena to be served on the person against whom the sex offense was
committed or alleged to have been committed by the respondent, except
upon order of the court for good cause shown. Either party may request
closure of the courtroom, or sealing of papers, for good cause shown.

(h) The procedures and standards set forth in this article governing
the imposition of conditions upon the respondent are intended to be the
minimum required to provide for the protection of the public and
treatment of the respondent. Nothing in this article shall be construed
to require the availability or imposition of forms of treatment or
supervision other than those for which this article specifically
provides.

(i) (1) At a proceeding conducted pursuant to subdivision (g) or (h)
of section 10.06 of this article, a psychiatric examiner called to
testify may be permitted, upon good cause shown, to testify by
electronic appearance in the court by means of an independent
audio-visual system, as that phrase is defined in subdivision one of
section 182.10 of the criminal procedure law. It shall constitute good
cause to permit such an electronic appearance that such proposed witness
is currently employed by the state at a secure treatment facility or
another work location unless there are compelling circumstances
requiring the witness' personal presence at the court proceeding.

(2) A copy of any clinical record or other document that the party
calling such psychiatric examiner intends to present to the witness or
introduce during the direct testimony of such psychiatric examiner by
electronic appearance shall be provided to opposing counsel and, in a
manner consistent with section 33.16 of this chapter, the respondent:
(i) five days or more before the date such person is called to testify
by electronic appearance at a proceeding conducted pursuant to
subdivision (g) of section 10.06 of this article, and (ii) twenty-four
hours or more before the date such person is called to testify by
electronic appearance at a proceeding conducted pursuant to subdivision
(h) of such section 10.06.

(3) Except as provided in paragraph four of this subdivision, copies
of clinical records and documents not made available to opposing counsel
and, where applicable, the respondent as required by paragraph two of
this subdivision shall not be permitted to be presented to the witness
on direct examination or introduced in evidence without the consent of
opposing counsel provided, however, that where good cause is shown why
such clinical record or other document was not provided sufficiently in
advance as required by this subdivision, the court shall allow such
clinical record or other document to be provided by appropriate means,
including but not limited to facsimile or electronic means, and then
used or considered in the same manner as if timely advance disclosure
had been made.

(4) The court shall order that copies of clinical records and other
documents relevant for cross-examination, re-direct examination or
re-cross examination of such witness testifying by electronic means, not
otherwise provided pursuant to this subdivision, be provided to opposing
counsel and, in a manner consistent with section 33.16 of this chapter,
the respondent, by appropriate means, including but not limited to
facsimile or other electronic means.

(5) For purposes of this subdivision, an "electronic appearance" means
an appearance at which a participant is not present in the court, but in
which all of the participants are able to see and hear the simultaneous
reproductions of the voices and images of the judge, counsel, respondent
and any other appropriate participant. When a witness makes an
electronic appearance pursuant to this subdivision, the court
stenographer shall record any statements in the same manner as if the
witness had made a personal appearance.