A man, who is an inmate at the correctional facility, is challenging his opponents about their failure to place him in a sex offender counseling and treatment program. The court then issued an order to show cause, and has received and reviewed the opponent’s answer and return, as well as the man’s reply.
In response to its letter order, the court has also received and reviewed an additional set of exhibits, submitted on behalf of the man’s opponents.
The man was then sentenced in Supreme Court to a controlling aggregate indeterminate sentence of 13 1/3 to 40 years upon his convictions of the crimes of sodomy in the first degree, attempted sodomy in the first degree, attempted robbery in the first degree, three counts of attempted sexual abuse in the first degree and sexual abuse in the first degree, all in New York County and attempted sexual abuse in the first degree, two counts of robbery in the first degree, sodomy in the first degree, attempted sodomy in the first degree and three counts of sexual abuse in the first degree, all in Bronx County.
Sources revealed that the department shall make available a sex offender treatment program for those inmates who are serving sentences for felony sex offenses. In developing the treatment program, the department shall give due regard to standards, guidelines, best practices, and qualifications recommended by the office of sex offender management. Moreover, the department shall make such treatment programs available sufficiently in advance of the time of the inmate’s consideration by the case review team, so as to allow the inmate to complete the treatment program prior to that time.
The man has apparently been assessed as a moderate to high risk for re-offending. According to the opponent’s answering papers, prison-based sex offender program has always been offered as close as possible to the time the offender is expected to be released. It is because the program’s focus is on providing the offender with the tools necessary to be successful upon release. It includes working with the offender to develop a discharge plan during the final phase of the program.
Based on criminal records, the mental hygiene law initially provides that the department of corrections and community supervision, as an agency with jurisdiction, shall give notice to the attorney general and to the commissioner of mental health when a detained sex offender is nearing an anticipated release from confinement. The law also provides, in relevant part, that the agency with jurisdiction shall seek to give a notice at least one hundred twenty days prior to the person’s anticipated release.
Even if the man first became eligible for discretionary parole, he will not reach his conditional release date. So, under the quoted program criteria set forth, the man will not be placed in the program.
To Be Cont…
Consequently, the petition is granted, without costs or disbursements, but only to the extent that the opponents are directed to enroll the man in the treatment as soon is possible.
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