The commissioner is authorized to release information in accordance with subparagraph (vii) of paragraph nine of subdivision (c) of section 33.13 of this chapter to appropriate persons and entities when necessary to protect the public concerning a specific sex offender requiring civil management under this article, and to release information in accordance with subparagraph (viii) of paragraph nine of subdivision (c) of section 33.13 of this chapter to the attorney general and case review panel when such persons or entities request such information in the exercise of their statutory functions, powers, and duties under this article.
The commissioner may release info (per § 33.13) to appropriate persons/entities when necessary to protect the public about a specific sex offender under civil management, and to the AG and case review panel when they need it to do their statutory jobs. ★
★ Exam hits:
Two outcomes only:dangerous sex offender requiring confinement (secure facility) vs. sex offender requiring strict and intensive supervision (SIST). Both require a mental abnormality.
Deadline chain: agency notice 120 days before release → case review team finding within 45 days → AG petition within 30 days → probable-cause hearing within 30 days (returned/stayed respondent = start within 72 hours) → jury trial within 60 days.
Standards & burdens: trial = clear and convincing evidence, AG's burden, unanimous jury; disruption hearing under § 10.06(l) = preponderance. Court cannot find abnormality solely from the sex offense.
Hung jury → retry within 60 days; hung again → dismiss.
Annual review: exam at least once a year; retention hearing within 45 days; respondent may petition for discharge anytime (frivolous ones denied without a hearing).
SIST:6 face-to-face + 6 collateral contacts/month, provider reports every 4 months, respondent may petition to modify/terminate every 2 years; violation eval within 5 days, confinement hearing within 30 days.
Deadlines are goals (§ 10.08(f)) — missing them almost never invalidates the action.
No appeal from a probable-cause finding; AG may appeal a PC dismissal; both sides appeal final orders (CPLR Arts. 55–57).
Commissioner's annual report to Governor/Legislature due December 1.
Verbatim statute: MHL - Article 10
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
In print
This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.