CPLR MENTAL HEALTH LAW Article 10 Concept Review 12 Quick/True/False Questions.

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MHL 10.05. when it appears to an agency with jurisdiction that a person who maybe I detain sex offender is nearing at anticipated release from confinement, the agency shall give notice of the fact to the________________ and to the__________________.

if the case review team finds that a respondent is a sex offender records civil management, then the Atty. Gen. may file a sex offender civil management petition in the Supreme Court or _______________ _________ __ _____ _____________ _______ _____________ __ ___________.

the Atty. Gen. shall seek to file the petition within_________ after receiving notice of the case review teams finding, but failing to do so within that period shall not affect the validity of the petition.

within_____days after the Atty. Gen. files a sex offender civil management petition, the respondent may file in the same court a notice of removal to the County of the underlying criminal sex offense charges. The Atty. Gen. may, in the court in which the petitions pending, move for a retention of venue. Such motion shall be made within_________ days after the Atty. Gen. is served with a notice of removal, which time may be extended for good cause shown.

within_____days after the sex offender civil matter petitioner's file, or within such longer period as to which the respondent may consent, the Supreme Court or County court before which the petition is pending shall conduct a hearing without a jury to determine whether there is probable cause to believe that the respondent is a sex offender requiring civil management.

when a court issues a confinement order, the hearing shall commence no later than____hours from the date of the respondents return.

within 60 DAYS after the court determines that there is probable cause to believe that the respondent is a sex offender records civil management, the court shall conduct a_______ trial to determine whether the respondent is a detained sex offender who suffers from mental abnormality.

the jury, or the court if a jury trial is waived, shall determine by __________ ___ _____________ EVIDENCE and a determination, is made by the jury, must be by________________verdict.

true/false? If the juries unable to render a unanimous verdict, the court shall continue any commitment order previously issued and schedule a second trialto be held within 60 days in accordance with the provisions of subdivision (a) of this section. If the jury in such second trial is unable to render a unanimous verdict as to whether the respondent is a detain sex offender who suffers from a mental abnormality, the court shall dismiss the petition.

true/false? In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and preparing a petition under the provisions of this article, the respondent shall have the right to have counsel any Atty. Gen. shall represent the state.

*MHL 10.10. Who must be notified if a dangerous sex offender escapes from custody? *(8 parties)

true/false? Both the respondent and the Atty. Gen. may appeal from any final order entered pursuant to this article.

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Clear and convincing (evidence)… Unanimous

True *respondent's right to counsel

True * 2 strikes rule

72 hours

30 days *AG's petition deadline

30 days *civil management deadline

County Court of the county where the respondent is located.

10 days… 5 days

True *Appeal Rights

Jury trial

the Atty. Gen. and to the Commissioner of mental health