10.11 - Regimen of strict and intensive supervision and treatment.

§ 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  division  of  parole  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 division of parole 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 division of parole.    (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  state  division  of parole. 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 division of parole.    (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 indicatingthat 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 division of  parole 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  division  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  thissubdivision, 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 division of parole, and the commissioner. Upon receipt of a  petition  for  modification or termination pursuant to this section, the  court may require the division of parole 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  courtfinds  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.