Now or Never

Q: Sixteen years ago, after a gas-station robbery and a home invasion four years previously, I pleaded guilty to first-degree robbery, burglary, rape and sodomy.  Nine years ago, I was released to parole supervision.  The next year, eight years ago, I pleaded guilty to third-degree robbery and criminal possession of a weapon.  Two years ago, I was again released to parole supervision, but I was returned to prison for violating the conditions.  Last year, I was again released and returned.

This year, I was again released to parole supervision.  Afterwards, I was obliged to plead guilty to petit larceny and go back to prison.  My new jail sentence ended only five days before my parole expiration date from the twenty-year old offense.  On the day after that expiration, the Attorney General filed a petition for sex-offender civil management.

A: Under article 10 of the Mental Hygiene Law, the keystone of the Sex Offender Management and Treatment Act, the Attorney General must file his petition while you are still in State custody, or subject to State supervision, for a sexual offense.

You had completed serving your sentence for rape and sodomy when the petition was filed.  Even if you continue to be on parole this year – for the second robbery, eight years ago – you are not on parole for rape or sodomy.  The second robbery is not related to a sexual offense.

In article 10, the Legislature intended to create a special set of procedures to deal with the civil management of mentally-ill sex offenders who are completing their prison terms.  Article 10 was not designed to cover someone who has already passed beyond the purview of the sexual-offender aspect of the criminal justice system.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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