S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5378
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2023
                                ___________
 
 Introduced by M. of A. MILLER -- 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.
   § 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.
                                                            LBD07179-01-3
              

 A. 5378                             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.
   § 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  DEFENDANT  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.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.