N.Y. MHY Law § 10.01

§ 10.01 Legislative findings. The legislature finds as follows:\n (a) That recidivistic sex offenders pose a danger to society that\nshould be addressed through comprehensive programs of treatment and\nmanagement. Civil and criminal processes have distinct but overlapping\ngoals, and both should be part of an integrated approach that is based\non evolving scientific understanding, flexible enough to respond to\ncurrent needs of individual offenders, and sufficient to provide\nmeaningful treatment and to protect the public.\n (b) That some sex offenders have mental abnormalities that predispose\nthem to engage in repeated sex offenses. These offenders may require\nlong-term specialized treatment modalities to address their risk to\nreoffend. They should receive such treatment while they are incarcerated\nas a result of the criminal process, and should continue to receive\ntreatment when that incarceration comes to an end. In extreme cases,\nconfinement of the most dangerous offenders will need to be extended by\ncivil process in order to provide them such treatment and to protect the\npublic from their recidivistic conduct.\n (c) That for other sex offenders, it can be effective and appropriate\nto provide treatment in a regimen of strict and intensive outpatient\nsupervision. Accordingly, civil commitment should be only one element in\na range of responses to the need for treatment of sex offenders. The\ngoal of a comprehensive system should be to protect the public, reduce\nrecidivism, and ensure offenders have access to proper treatment.\n (d) That some of the goals of civil commitment - protection of\nsociety, supervision of offenders, and management of their behavior -\nare appropriate goals of the criminal process as well. For some\nrecidivistic sex offenders, appropriate criminal sentences, including\nlong-term post-release supervision, may be the most appropriate way to\nachieve those goals.\n (e) That the system for responding to recidivistic sex offenders with\ncivil measures must be designed for treatment and protection. It should\nbe based on the most accurate scientific understanding available,\nincluding the use of current, validated risk assessment instruments.\nIdeally, effective risk assessment should begin to occur prior to\nsentencing in the criminal process, and it should guide the process of\ncivil commitment.\n (f) That the system should offer meaningful forms of treatment to sex\noffenders in all criminal and civil phases, including during\nincarceration, civil commitment, and outpatient supervision.\n (g) That sex offenders in need of civil commitment are a different\npopulation from traditional mental health patients, who have different\ntreatment needs and particular vulnerabilities. Accordingly, civil\ncommitment of sex offenders should be implemented in ways that do not\nendanger, stigmatize, or divert needed treatment resources away from\nsuch traditional mental health patients.\n