Senate Bill S5270

2015-2016 Legislative Session

Authorizes the civil commitment of detained persons convicted of a misdemeanor sex offense or with a prior conviction in another state of an offense that would be a designated felony

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S5270 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง10.03, Ment Hyg L
Versions Introduced in 2017-2018 Legislative Session:
S2646

2015-S5270 (ACTIVE) - Summary

Authorizes the civil committment of detained persons convicted of a misdemeanor sex offense or with a prior conviction in another state of an offense that would be a designated felony.

2015-S5270 (ACTIVE) - Sponsor Memo

2015-S5270 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5270

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

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.
                                                           LBD10809-01-5

              

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