State v. Michael M.

Respondent pleaded guilty to sex offenses, including sexual abuse in the first decree. When Respondent’s term of imprisonment neared its end, the State commenced a civil commitment proceeding against him pursuant to N.Y. Mental Hyg. Law 10. After a bench trial, Supreme Court imposed strict and intensive supervision (SIST) rather than confinement. Respondent was required to attend a sex offender treatment program, but due to his failure to cooperate, Respondent was discharged and later arrested. Supreme Court subsequently revoked Respondent’s release on SIST and committed him to a secure treatment facility, determining that the State had proven that Respondent was a dangerous sex offender requiring confinement. The Appellate Division affirmed on the merits. The Court of Appeals reversed, holding (1) the Mental Hygiene Law envisages a distinction between sex offenders who have difficulty controlling their sexual conduct and those who are unable to control it; and (2) the evidence was insufficient to support the trial court’s finding that Respondent had such an inability to control his behavior that he was likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility. View "State v. Michael M." on Justia Law