10.05 - Notice and case review.

§ 10.05 Notice and case review.    (a)  The  commissioner  of  mental  health,  in  consultation with the  commissioner  of  the  department  of  correctional  services  and   the  commissioner  of  developmental  disabilities,  shall  establish  a case  review panel consisting of at least fifteen members, any three  of  whom  may  sit  as a team to review a particular case. At least two members of  each team shall be professionals in the field of mental  health  or  the  field  of developmental disabilities, as appropriate, with experience in  the  treatment,  diagnosis,  risk  assessment  or  management   of   sex  offenders.  To  the  extent practicable, the workload of the case review  panel should be evenly distributed among its  members.  Members  of  the  case  review  panel and psychiatric examiners should be free to exercise  independent professional judgment without pressure  or  retaliation  for  the exercise of that judgment from any source.    (b)  When  it  appears  to an agency with jurisdiction, other than the  division of parole, that a person who may be a detained sex offender  is  nearing  an  anticipated  release,  the agency shall give notice of that  fact to the attorney general and to the commissioner of  mental  health.  When the division of parole is the agency with jurisdiction, it may give  such notice. The agency with jurisdiction shall seek to give such notice  at  least  one  hundred  twenty  days  prior to the person's anticipated  release, but failure to give notice within such time  period  shall  not  affect  the  validity of such notice or any subsequent action, including  the filing of a sex offender civil management petition.    (c) The notice to the attorney general and the commissioner of  mental  health shall, to the extent possible, contain the following:    (1) The person's name, aliases, and other identifying information such  as  date of birth, sex, physical characteristics, and anticipated future  residence;    (2) A photograph and a set of fingerprints;    (3) A description of the act or acts that constitute the  sex  offense  and  a  description  of  the  person's  criminal  history, including the  person's  most  recent  sentence  and  any  supervisory  terms  that  it  includes;    (4) The presentence reports prepared pursuant to article three hundred  ninety  of  the  criminal  procedure  law  and other available materials  concerning the person's sex offense; and    (5) A description of the person's institutional history, including his  or her participation in any sex offender treatment program.    (d)   The   commissioner   shall   be    authorized    to    designate  multidisciplinary  staff,  including  clinical  and  other  professional  personnel, to provide a preliminary review of the need for detained  sex  offenders to be evaluated under the procedures of this section. When the  commissioner  receives  notice  pursuant  to  subdivision  (b)  of  this  section, such staff shall review and assess relevant medical,  clinical,  criminal,   or   institutional   records,   actuarial   risk  assessment  instruments or other records and reports, including records and  reports  provided  by  the  district  attorney of the county where the person was  convicted, or in the case of persons determined to be  incapacitated  or  not  responsible by reason of mental disease or defect, the county where  the person was charged. Upon such review and assessment, the staff shall  determine whether the person who is the subject of the notice should  be  referred to a case review team for evaluation.    (e)  If  the  person is referred to a case review team for evaluation,  notice of such referral shall be provided to the respondent.  Upon  such  referral,  the case review team shall review relevant records, including  those described in subdivisions (c) and (d) of  this  section,  and  may  arrange  for  a  psychiatric examination of the respondent. Based on thereview and assessment of such information, the case  review  team  shall  consider  whether  the  respondent  is  a  sex  offender requiring civil  management.    (f)  If  the  case review team determines that the respondent is not a  sex  offender  requiring  civil  management,  it  shall  so  notify  the  respondent  and the attorney general, and the attorney general shall not  file a sex offender civil management petition.    (g) If the case review  team  finds  that  the  respondent  is  a  sex  offender  requiring  civil management, it shall so notify the respondent  and the attorney  general,  in  writing.  The  written  notice  must  be  accompanied  by  a  written  report  from  a  psychiatric  examiner that  includes  a  finding  as  to  whether  the  respondent  has   a   mental  abnormality.  Where  the  notice  indicates  that  a  respondent  stands  convicted of or was charged with a  designated  felony,  it  shall  also  include  the  case  review  team's  finding  as  to  whether the act was  sexually motivated. The case  review  team  shall  provide  its  written  notice to the attorney general and the respondent within forty-five days  of  the  commissioner  receiving  the  notice  of  anticipated  release.  However, failure to do so within that time period shall not  affect  the  validity  of  such notice or finding or any subsequent action, including  the attorney  general's  filing  of  a  sex  offender  civil  management  petition subsequent to receiving the finding of the case review team.