In , an individual was convicted of first-degree sexual abuse and later subjected to civil management under New York's Mental Hygiene Law due to a "mental abnormality. In , he violated SIST conditions by tampering with an alcohol monitoring bracelet, leading to his temporary confinement based on a psychologist's evaluation and a probable cause finding by the court. The Supreme Court initially found probable cause to believe he was a "dangerous sex offender requiring confinement" and ordered his detention pending a final hearing.
He filed a habeas corpus petition, arguing that the statutory scheme violated procedural due process by not providing an opportunity to be heard at the probable cause stage. The Supreme Court denied the petition, and the Appellate Division converted the proceeding to a declaratory judgment action, ultimately declaring the statute constitutional. The New York Court of Appeals reviewed the case and upheld the lower court's decision.
It concluded that the statute provides sufficient procedural safeguards, including a prompt judicial probable cause determination and a full hearing within 30 days, to mitigate the risk of erroneous confinement.
The court found that the petitioner failed to demonstrate that the statute is unconstitutional either on its face or as applied to him. The order of the Appellate Division was affirmed without costs. Michael D. Those provisions govern the procedure for the temporary confinement of sex offenders adjudicated to have "mental abnormalities"—but released from confinement to strict and intensive supervision and treatment SIST —pending a final SIST revocation hearing.
In particular, section In , the legislature passed the Sex Offender Management and Treatment Act SOMTA creating a program to closely supervise and treat sex offenders who are near release from prison or parole who possess "mental abnormalities" that create a substantial risk of committing new sex crimes see L , ch 7. If the case review team determines that the offender is a "sex offender requiring civil management"—meaning they suffer from a "mental abnormality" id.
