Civil confinement decision goes against state: Third decision on topic forming consensus

July 20, 2017 Comments Off on Civil confinement decision goes against state: Third decision on topic forming consensus

A state Supreme Court justice in Cayuga County has refused to let government lawyers use a controversial mental illness diagnosis in their attempt to confine a convicted rapist now that his prison sentence has been completed. The ruling by Justice ...

Tagged with: civil confinement Justice Mark H. Fandrich

Judge orders proper treatment for sex offender

March 23, 2017 Comments Off on Judge orders proper treatment for sex offender

A recent decision by a state Supreme Court Justice in Oneida County criticized state officials for failing to properly treat a sex offender who served 30 years in prison and subsequently has been civilly confined for nine years. In a ...

Tagged with: civil confinement sex offender

CNY judge critical of civil confinement

September 15, 2015 Comments Off on CNY judge critical of civil confinement

A New York man imprisoned for almost 30 years and then held in civil confinement for another eight is being released with strict and intensive supervision. Supreme Court Justice James C. Tormey III, hearing an Oneida County case in Onondaga ...

Tagged with: civil confinement Onondaga County

Judges disagree on civil confinement

November 1, 2012 Comments Off on Judges disagree on civil confinement

Civil confinement will continue for a convicted sex offender since a divided New York State Court of Appeals has ruled enough evidence was presented by the state to show he suffers from a mental abnormality, although one judge called it ...

Tagged with: civil confinement New York State Court of Appeals

Second Circuit: Civil confinement ‘collateral’ consequence

July 25, 2012 Comments Off on Second Circuit: Civil confinement ‘collateral’ consequence

Federal District Courts do not have to warn defendants before they enter a plea to a sex offense that civil confinement may follow their prison term, but are encouraged to do so in a decision entered Monday by the U.S. ...

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NY court backs sex offender civil confinement

August 11, 2011 Comments Off on NY court backs sex offender civil confinement

ALBANY — A midlevel New York court has upheld state confinement of mentally deficient sex offenders who have not been convicted of an underlying sex crime. The five Appellate Division justices on Thursday reversed a judge ...

Tagged with: Appellate Division civil confinement sex offender

Mental Hygiene Law: State of New York v. Andrew O.

April 6, 2011 Comments Off on Mental Hygiene Law: State of New York v. Andrew O.

New York State Court of Appeals Mental Hygiene Law Civil Confinement — Sexual Offenses State of New York v. Andrew O. No. 34 Appealed from the Third Department Background: On Aug. 15, 2007, the attorney general filed a petition in ...

Tagged with: civil confinement Mental Hygiene Law New York State Court of Appeals

State can try for civil confinement

July 19, 2010 Comments Off on State can try for civil confinement

BUFFALO — The state can try to keep a sex offender who infected at least 13 women with the AIDS virus locked up beyond the 12-year prison sentence he completed in April, a judge ruled Monday.