N.Y.S. Mental Hygiene Law Article 10: Lifetime Civil Management of Sexually Violent Predators-Part I

          I am proud of the fact that I am the first private lawyer in New York City (and perhaps in the entire state as well) that has received a special certification authorizing me to represent detained sex offenders with respect to prosecutions seeking to impose long term confinement and civil management upon them pursuant to the newly enacted article 10 of the New York State Mental Hygiene Law.

          To resolve the problem of sexually violent predators committing further sexual assaults when they will finish their prison terms, the New York State legislature enacted a series of laws collectively known as article 10 of the Mental Hygiene Law.  Upon a finding by a court of competent jurisdiction that a person is a detained sex offender suffering from a  mental abnormality involving a strong predisposition to commit sex offenses, and . . . such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility," said person can be subjected to civil management whereby the person is confined to a secure facility euphemistically referred to as a  "psychiatric center."  

          In addition to detained sex offenders convicted of crimes such as rape and sodomy, the law applies to those convicted of other serious crimes denominated as designated felonies.  The laws are based on the theory that "recidivistic sex offenders pose a danger to society that should be addressed through comprehensive programs of treatment and management."  The legislature further hypothesized that "[s]ome sex offenders have mental abnormalities that predispose them to engage in repeated sex offenses. These offenders may require long-term specialized treatment modalities to address their risk to reoffend. They should receive such treatment while they are incarcerated as a result of the criminal process, and should continue to receive treatment when that incarceration comes to an end. In extreme cases, confinement of the most dangerous offenders will need to be extended by civil process in order to provide them such treatment and to protect the public from their recidivistic conduct" (M.H.L. § 10.03).

          As a husband and parent of a beautiful young lady, I understand the emotional appeal of keeping creeps off the streets and making sure that sex offenders never have the opportunity to ever offend again.  I clearly empathize with those who advocate chemical castration of any miscreant ever convicted of committing a sex crime (or any other crime for that matter) against such a person's family or friends.  Advocating these measures as appropriate in a society of laws is a different matter entirely. 

          These are personal irrational feelings not based upon detached deliberation.  Rather, these are irrational feelings based upon an atavistic desire for revenge.  As a lawyer and citizen, I recognize that notwithstanding the foregoing, each criminal defendant in our society must be endowed with basic constitutional rights that must be a part of any nation that wants to honestly consider itself a civilized society.  In the course of future entries in my blog, I hope to examine this statute from the point of view of its effectiveness as well as what my experiences as a lawyer with respect to its application have been.