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

Question 1 of 1

Time Left

Match the terms of their appropriate definitions.

Match the text (click and drag)

(0/0)

Match the text
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.

Click and drag
Clear and convincing (evidence)… Unanimous
Jury trial
10 days… 5 days
30 days *civil management deadline
County Court of the county where the respondent is located.
30 days *AG's petition deadline
the Atty. Gen. and to the Commissioner of mental health
72 hours
True * 2 strikes rule
if a person is in the custody of the Commissioner pursuant to an order issued under this article, and such person escaped from custody, notice of such escape shall be given as soon as the facility staff learns of such escape, and shall include such information as will adequately identify the escaped individual, any person or persons believed to be in danger, and the nature of danger. Such notice shall be given by any means reasonably copulated to give prompt actual notice, and shall be given to: 1. The district attorney of the county where the person was convicted, adjudicated, or charged; the Atty. Gen.; and counsel for respondent ordered mental hygiene legal service; 2. The superintendent of the state police 3. The sheriff of the county where the escape occurred; 4. The police department having jurisdiction of the area where escape occurred;5. Any victim of victims who submitted the notification form described in subdivision for a section 380.50 of the criminal procedure law; 6. any person the facility staff reasonably believes could be in danger; 7. Any law enforcement agency and any person the facility staff believes would be able to price such victim or victims that the person escape from the facility; and 8. Any other person the committing court may designate.
True *Appeal Rights
True *respondent's right to counsel