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

                                  5629

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2011
                               ___________

Introduced by M. of A. MURRAY -- read once and referred to the Committee
  on Correction

AN  ACT  to  amend the correction law and the criminal procedure law, in
  relation to sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 168-a of the correction law, as
added by chapter 192 of the laws of 1995, is amended to read as follows:
  1. "Sex offender" includes (A) any person who is convicted of  any  of
the  offenses  set forth in subdivision two or three of this section; OR
(B) ANY PERSON AGAINST WHOM A VERDICT OF NOT RESPONSIBLE  BY  REASON  OF
MENTAL DISEASE OR DEFECT IS ENTERED OR FROM WHOM A PLEA OF NOT RESPONSI-
BLE  BY REASON OF MENTAL DISEASE OR DEFECT IS ACCEPTED WHERE THE OFFENSE
OR OFFENSES CHARGED IN THE INDICTMENT OR ACCUSATORY  INSTRUMENT  INCLUDE
ANY  OF  THE  OFFENSES  SET  FORTH  IN  SUBDIVISION TWO OR THREE OF THIS
SECTION.  Convictions that result from or are connected  with  the  same
act, or result from offenses committed at the same time, shall be count-
ed for the purpose of this article as one conviction. Any conviction set
aside pursuant to law is not a conviction for purposes of this article.
  S 2. Subdivision 6 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
  6.  Initial  hearing;  commitment order. After the examination reports
are submitted, the court must, within ten days of the  receipt  of  such
reports, conduct an initial hearing to determine the defendant's present
mental condition. If the defendant is in the custody of the commissioner
pursuant  to  an examination order, the court must direct the sheriff to
obtain custody of the defendant from the commissioner and to confine the
defendant pending further order of the court, except that the court  may
direct  the  sheriff  to confine the defendant in an institution located
near the place where the court sits if that institution has been  desig-
nated  by  the  commissioner  as  suitable  for the temporary and secure

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04936-01-1
              

A. 5629                             2

detention of mentally disabled persons. At  such  initial  hearing,  the
district  attorney  must establish to the satisfaction of the court that
the defendant has a dangerous mental disorder or is mentally ill. If the
court  finds that the defendant has a dangerous mental disorder, it must
issue a commitment order, PROVIDED HOWEVER THAT  WHERE  THE  OFFENSE  OR
OFFENSES  CHARGED IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE
DEFENDANT INCLUDE ANY OF THE OFFENSES SET FORTH IN  SUBDIVISION  TWO  OR
THREE  OF  SECTION  ONE  HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW THE
ORDER SHALL REQUIRE THE DEFENDANT TO COMPLY WITH THE PROVISIONS OF ARTI-
CLE SIX-C OF THE CORRECTION LAW UPON DISCHARGE OR  CONDITIONAL  RELEASE.
If  the  court finds that the defendant does not have a dangerous mental
disorder but is mentally ill, the provisions  of  subdivision  seven  of
this section shall apply.
  S 3. Subdivision 7 of section 330.20 of the criminal procedure law, as
added by chapter 548 of the laws of 1980, is amended to read as follows:
  7.  Initial  hearing  civil commitment and order of conditions. If, at
the conclusion of the initial hearing conducted pursuant to  subdivision
six  of this section, the court finds that the defendant is mentally ill
but does not have a dangerous mental disorder, the provisions  of  arti-
cles nine or fifteen of the mental hygiene law shall apply at that stage
of  the proceedings and at all subsequent proceedings. Having found that
the defendant is mentally ill, the court must issue an order  of  condi-
tions  and  an  order  committing  the  defendant  to the custody of the
commissioner. The latter order shall be deemed an order made pursuant to
the mental hygiene law and not pursuant to  this  section,  and  further
retention,  conditional  release or discharge of such defendant shall be
in accordance with the provisions of the mental  hygiene  law,  PROVIDED
HOWEVER  THAT WHERE THE OFFENSE OR OFFENSES CHARGED IN THE INDICTMENT OR
ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE ANY OF THE  OFFENSES
SET   FORTH   IN  SUBDIVISION  TWO  OR  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE  DEFEND-
ANT TO COMPLY WITH THE PROVISIONS OF ARTICLE SIX-C OF THE CORRECTION LAW
UPON  DISCHARGE  OR  CONDITIONAL RELEASE.   If, at the conclusion of the
initial hearing, the court finds that the  defendant  does  not  have  a
dangerous  mental  disorder  and  is  not  mentally  ill, the court must
discharge the defendant either unconditionally or subject to an order of
conditions, PROVIDED HOWEVER THAT WHERE THE OFFENSE OR OFFENSES  CHARGED
IN THE INDICTMENT OR ACCUSATORY INSTRUMENT AGAINST THE DEFENDANT INCLUDE
ANY OF THE OFFENSES SET FORTH IN SUBDIVISION TWO OR THREE OF SECTION ONE
HUNDRED  SIXTY-EIGHT-A OF THE CORRECTION LAW THE ORDER SHALL REQUIRE THE
DEFENDANT TO  COMPLY  WITH  THE  PROVISIONS  OF  ARTICLE  SIX-C  OF  THE
CORRECTION LAW UPON UNCONDITIONAL DISCHARGE OR CONDITIONAL RELEASE.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.