§ 10.11 Regimen of strict and intensive supervision and treatment.

(a) (1) Before ordering the release of a person to a regimen of strict
and intensive supervision and treatment pursuant to this article, the
court shall order that the department of corrections and community
supervision recommend supervision requirements to the court. These
supervision requirements, which shall be developed in consultation with
the commissioner, may include but need not be limited to, electronic
monitoring or global positioning satellite tracking for an appropriate
period of time, polygraph monitoring, specification of residence or type
or residence, prohibition of contact with identified past or potential
victims, strict and intensive supervision by a parole officer, and any
other lawful and necessary conditions that may be imposed by a court. In
addition, after consultation with the psychiatrist, psychologist or
other professional primarily treating the respondent, the commissioner
shall recommend a specific course of treatment. A copy of the
recommended requirements for supervision and treatment shall be given to
the attorney general and the respondent and his or her counsel a
reasonable time before the court issues its written order pursuant to
this section.

(2) Before issuing its written order, the court shall afford the
parties an opportunity to be heard, and shall consider any additional
submissions by the respondent and the attorney general concerning the
proposed conditions of the regimen of strict and intensive supervision
and treatment. The court shall issue an order specifying the conditions
of the regimen of strict and intensive supervision and treatment, which
shall include specified supervision requirements and compliance with a
specified course of treatment. A written statement of the conditions of
the regimen of strict and intensive supervision and treatment shall be
given to the respondent and to his or her counsel, any designated
service providers or treating professionals, the commissioner, the
attorney general and the supervising parole officer. The court shall
require the department of corrections and community supervision to take
appropriate actions to implement the supervision plan and assure
compliance with the conditions of the regimen of strict and intensive
supervision and treatment. A regimen of strict and intensive supervision
does not toll the running of any form of supervision in criminal cases,
including but not limited to post-release supervision and parole.

(b) (1) Persons ordered into a regimen of strict and intensive
supervision and treatment pursuant to this article shall be subject to a
minimum of six face-to-face supervision contacts and six collateral
contacts per month. Such minimum contact requirements shall continue
unless subsequently modified by the court or the department of
corrections and community supervision.

(2) Any agency, organization, professional or service provider
designated to provide treatment to the person shall, unless otherwise
directed by the court, submit every four months to the court, the
commissioner, the attorney general and the supervising parole officer a
report describing the person's conduct while under a regimen of strict
and intensive supervision and treatment.

(c) An order for a regimen of strict and intensive supervision and
treatment places the person in the custody and control of the department
of corrections and community supervision. A person ordered to undergo a
regimen of strict and intensive supervision and treatment pursuant to
this article is subject to lawful conditions set by the court and the
department of corrections and community supervision.

(d) (1) A person's regimen of strict and intensive supervision and
treatment may be revoked if such a person violates a condition of strict
and intensive supervision. If a parole officer has reasonable cause to
believe that the person has violated a condition of the regimen of
strict and intensive supervision and treatment or, if there is an oral
or written evaluation or report by a treating professional indicating
that the person may be a dangerous sex offender requiring confinement, a
parole officer authorized in the same manner as provided in subparagraph
(i) of paragraph (a) of subdivision three of section two hundred
fifty-nine-i of the executive law may take the person into custody and
transport the person for lodging in a secure treatment facility or a
local correctional facility for an evaluation by a psychiatric examiner,
which evaluation shall be conducted within five days. A parole officer
may take the person, under custody, to a psychiatric center for prompt
evaluation, and at the end of the examination, return the person to the
place of lodging. A parole officer, as authorized by this paragraph, may
direct a peace officer, acting pursuant to his or her special duties, or
a police officer who is a member of an authorized police department or
force or of a sheriff's department, to take the person into custody and
transport the person as provided in this paragraph. It shall be the duty
of such peace officer or police officer to take into custody and
transport any such person upon receiving such direction. The department
of corrections and community supervision shall promptly notify the
attorney general and the mental hygiene legal service, when a person is
taken into custody pursuant to this paragraph. No provision of this
section shall preclude the board of parole from proceeding with a
revocation hearing as authorized by subdivision three of section two
hundred fifty-nine-i of the executive law.

(2) After the person is taken into custody for the evaluation, the
attorney general may file: (i) a petition for confinement pursuant to
paragraph four of this subdivision and/or (ii) a petition pursuant to
subdivision (e) of this section to modify the conditions of a regimen of
strict and intensive supervision and treatment. Either petition shall be
filed in the court that issued the order imposing the regimen of strict
and intensive supervision and treatment. The attorney general shall seek
to file the petition within five days after the person is taken into
custody for evaluation. If no petition is filed within that time, the
respondent shall be released immediately, subject to the terms of the
previous order imposing the regimen of strict and intensive supervision,
but failure to file a petition within such time shall not affect the
validity of such petition or any subsequent action.

(3) A petition filed under paragraph two of this subdivision shall be
served promptly on the respondent and the mental hygiene legal service.
The court shall appoint legal counsel in accordance with subdivision (c)
of section 10.06 of this article. Counsel for respondent shall be
provided with a copy of the written report, if any, of the psychiatric
examiner who conducted the evaluation pursuant to this section.

(4) A petition for confinement shall contain the parole officer's
sworn allegations demonstrating reasonable cause to believe that the
respondent violated a condition of his or her strict and intensive
supervision, and shall be accompanied by any written evaluations or
reports by a treating professional indicating that the respondent may be
a dangerous sex offender requiring confinement. If a petition is filed
within the five-day period seeking the respondent's confinement, then
the court shall promptly review the petition and, based on the
allegations in the petition and any accompanying papers, determine
whether there is probable cause to believe that the respondent is a
dangerous sex offender requiring confinement. Upon the finding of
probable cause, the respondent may be retained in a local correctional
facility or a secure treatment facility pending the conclusion of the
proceeding. In the absence of such a finding, the respondent shall be
released, but the court may impose revised conditions of supervision and
treatment pending completion of the hearing. Within thirty days after a
petition for confinement is filed under paragraph two of this
subdivision, the court shall conduct a hearing to determine whether the
respondent is a dangerous sex offender requiring confinement. Any
failure to commence the hearing within the time period specified shall
not result in the dismissal of the petition and shall not affect the
validity of the hearing or the determination. The court shall make its
determination of whether the respondent is a dangerous sex offender
requiring confinement in accordance with the standards set forth in
subdivision (f) of section 10.07 of this article. If the court finds
that the attorney general has not met the burden of showing by clear and
convincing evidence that the respondent is a dangerous sex offender
requiring confinement, but finds that the respondent continues to be a
sex offender requiring strict and intensive supervision, the court shall
order the person to be released under the previous order imposing a
regimen of strict and intensive supervision and treatment, unless it
modifies the order imposing a regimen of strict and intensive
supervision and treatment pursuant to subdivision (f) of this section.
If the court determines that the attorney general has met the burden of
showing by clear and convincing evidence that the respondent is a
dangerous sex offender requiring confinement, the court shall order that
the respondent be committed to a secure treatment facility immediately.
The respondent shall not be released pending the completion of the
hearing.

(e) If the attorney general files only a petition for modification
under paragraph two of subdivision (d) of this section, the respondent
shall be released but the court may impose revised conditions of
supervision and treatment pending completion of the hearing. Within five
days after filing of the petition for modification, the court shall
conduct a hearing to determine whether the respondent's conditions of
treatment and supervision should be modified. The attorney general shall
have the burden of showing that the modifications sought are warranted,
and the court shall order such modifications to the extent that it finds
that the attorney general has met that burden.

(f) The court may modify or terminate the conditions of the regimen of
strict and intensive supervision and treatment on the petition of the
supervising parole officer, the commissioner or the attorney general.
Such petition shall be served on the respondent and the respondent's
counsel. A person subject to a regimen of strict and intensive
supervision and treatment pursuant to this article may petition every
two years for modification or termination, commencing no sooner than two
years after the regimen of strict and intensive supervision and
treatment commenced, with service of such petition on the attorney
general, the department of corrections and community supervision, and
the commissioner. Upon receipt of a petition for modification or
termination pursuant to this section, the court may require the
department of corrections and community supervision and the commissioner
to provide a report concerning the person's conduct while subject to a
regimen of strict and intensive supervision and treatment. If more than
one petition is filed, the petitions may be considered in a single
hearing.

(g) Upon receipt of a petition for modification pursuant to this
section, the court may hold a hearing on such petition. The party
seeking modification shall have the burden of showing that those
modifications are warranted, and the court shall order such
modifications to the extent that it finds that the party has met that
burden.

(h) Upon receipt of a petition for termination pursuant to this
section, the court may hold a hearing on such petition. When the
petition is filed by the respondent, the attorney general shall have the
burden of showing by clear and convincing evidence that the respondent
is currently a sex offender requiring civil management. If the court
finds that the attorney general has not sustained that burden, it shall
order the respondent's discharge from the regimen of strict and
intensive supervision and treatment. Otherwise the court shall continue
the regimen of strict and intensive supervision and treatment but may
revise conditions of supervision and treatment as warranted.