Section 10.03. Definitions

As  used in this article, the following terms shall have the following
  meanings:
    (a) "Agency with jurisdiction" as to a person means that agency which,
  during the period in question,  would  be  the  agency  responsible  for
  supervising  or releasing such person, and can include the department of
  correctional services, the office of mental health, the office of mental
  retardation and developmental disabilities, and the division of parole.
    (b) "Commissioner" means the commissioner  of  mental  health  or  the
  commissioner of mental retardation and developmental disabilities.
    (c) "Correctional facility" means a correctional facility as that term
  is defined in section two of the correction law.
    (d)  "Counsel for respondent" means any counsel that has been retained
  or appointed for respondent, or if no other counsel has been retained or
  appointed, or prior counsel cannot be located with  reasonable  efforts,
  then the mental hygiene legal service.
    (e)  "Dangerous sex offender requiring confinement" means a person who
  is a detained sex offender suffering from a mental abnormality involving
  such a strong  predisposition  to  commit  sex  offenses,  and  such  an
  inability  to control behavior, that the person is likely to be a danger
  to others and to commit  sex  offenses  if  not  confined  to  a  secure
  treatment facility.
    (f) "Designated felony" means any felony offense defined by any of the
  following  provisions  of the penal law: assault in the second degree as
  defined in section 120.05, assault in the first  degree  as  defined  in
  section  120.10, gang assault in the second degree as defined in section
  120.06, gang assault in the first degree as defined in  section  120.07,
  stalking  in the first degree as defined in section 120.60, manslaughter
  in the second degree as defined in subdivision one  of  section  125.15,
  manslaughter in the first degree as defined in section 125.20, murder in
  the  second  degree  as  defined in section 125.25, aggravated murder as
  defined in section 125.26, murder in the  first  degree  as  defined  in
  section  125.27,  kidnapping  in the second degree as defined in section
  135.20, kidnapping in the first degree as  defined  in  section  135.25,
  burglary  in  the third degree as defined in section 140.20, burglary in
  the second degree as defined in section 140.25, burglary  in  the  first
  degree  as  defined  in  section  140.30,  arson in the second degree as
  defined in section 150.15, arson in  the  first  degree  as  defined  in
  section  150.20,  robbery  in  the  third  degree  as defined in section
  160.05, robbery in the second  degree  as  defined  in  section  160.10,
  robbery  in  the  first  degree  as defined in section 160.15, promoting
  prostitution  in  the  second  degree  as  defined  in  section  230.30,
  promoting prostitution in the first degree as defined in section 230.32,
  compelling  prostitution  as  defined  in  section 230.33, disseminating
  indecent material to minors in the first degree as  defined  in  section
  235.22,  use  of  a  child in a sexual performance as defined in section
  263.05, promoting an obscene sexual performance by a child as defined in
  section 263.10, promoting a sexual performance by a child as defined  in
  section 263.15, or any felony attempt or conspiracy to commit any of the
  foregoing offenses.
    (g)  "Detained  sex  offender"  means  a  person  who  is in the care,
  custody, control, or supervision of an agency  with  jurisdiction,  with
  respect  to  a  sex  offense or designated felony, in that the person is
  either:
    (1) A person who stands convicted of  a  sex  offense  as  defined  in
  subdivision  (p)  of  this  section, and is currently serving a sentence
  for, or subject to supervision by the division  of  parole,  whether  on

  parole or on post-release supervision, for such offense or for a related
  offense;
    (2)  A person charged with a sex offense who has been determined to be
  an incapacitated person with  respect  to  that  offense  and  has  been
  committed  pursuant  to  article  seven  hundred  thirty of the criminal
  procedure law, but did engage in the conduct constituting such offense;
    (3) A person charged with  a  sex  offense  who  has  been  found  not
  responsible  by reason of mental disease or defect for the commission of
  that offense;
    (4) A person who stands convicted of  a  designated  felony  that  was
  sexually  motivated  and  committed  prior to the effective date of this
  article;
    (5) A person convicted of a sex offense who is, or  was  at  any  time
  after  September  first,  two  thousand  five,  a  patient in a hospital
  operated by the office of mental health, and who was  admitted  directly
  to  such facility pursuant to article nine of this title or section four
  hundred two of the correction law upon release  or  conditional  release
  from  a  correctional  facility,  provided  that  the provisions of this
  article shall not be deemed to shorten or lengthen the  time  for  which
  such   person   may   be  held  pursuant  to  such  article  or  section
  respectively; or
    (6) A person who has been determined to be a  sex  offender  requiring
  civil management pursuant to this article.
    (h)  "Licensed  psychologist"  means  a  person who is registered as a
  psychologist under article one hundred fifty-three of the education law.
    (i) "Mental abnormality" means a  congenital  or  acquired  condition,
  disease or disorder that affects the emotional, cognitive, or volitional
  capacity  of  a  person  in  a manner that predisposes him or her to the
  commission of conduct constituting a sex offense  and  that  results  in
  that person having serious difficulty in controlling such conduct.
    (j)  "Psychiatric  examiner"  means  a  qualified  psychiatrist  or  a
  licensed psychologist who  has  been  designated  to  examine  a  person
  pursuant  to  this  article;  such  designee  may,  but  need not, be an
  employee of the  office  of  mental  health  or  the  office  of  mental
  retardation and developmental disabilities.
    (k)  "Qualified  psychiatrist"  means a physician licensed to practice
  medicine in New York state who: (1) is a diplomate of the American board
  of psychiatry and neurology or is  eligible  to  be  certified  by  that
  board;  or  (2)  is  certified  by  the  American  osteopathic  board of
  neurology and psychiatry or is eligible to be certified by that board.
    (l) "Related offenses" include any offenses  that  are  prosecuted  as
  part of the same criminal action or proceeding, or which are part of the
  same  criminal  transaction,  or  which  are  the bases of the orders of
  commitment received  by  the  department  of  correctional  services  in
  connection with an inmate's current term of incarceration.
    (m)  "Release"  and  "released"  means release, conditional release or
  discharge from confinement, from supervision by the division of  parole,
  or from an order of observation, commitment, recommitment or retention.
    (n)  "Respondent"  means  a  person referred to a case review team for
  evaluation, a person as to whom a sex offender civil management petition
  has been recommended by a case review team and not yet filed,  or  filed
  by  the  attorney  general and not dismissed, or sustained by procedures
  under this article.
    (o) "Secure treatment facility" means a facility or  a  portion  of  a
  facility,  designated  by  the commissioner, that may include a facility
  located on the grounds of a correctional facility, that is staffed  with
  personnel  from  the  office  of  mental  health or the office of mental
  retardation and developmental disabilities for the purposes of providing

  care and treatment to persons confined under this article,  and  persons
  defined  in paragraph five of subdivision (g) of this section. Personnel
  from these same agencies may provide security  services,  provided  that
  such staff are adequately trained in security methods and so equipped as
  to minimize the risk or danger of escape.
    (p)  "Sex  offense"  means an act or acts constituting: (1) any felony
  defined in article one hundred thirty of  the  penal  law,  including  a
  sexually  motivated  felony;  (2)  patronizing a prostitute in the first
  degree as defined in section 230.06 of the  penal  law,  incest  in  the
  second  degree  as defined in section 255.26 of the penal law, or incest
  in the first degree as defined in section 255.27 of the penal law; (3) a
  felony attempt or conspiracy to commit any of the foregoing offenses set
  forth in this subdivision; or (4) a designated  felony,  as  defined  in
  subdivision  (f)  of  this  section, if sexually motivated and committed
  prior to the effective date of this article.
    (q) "Sex offender requiring civil management"  means  a  detained  sex
  offender who suffers from a mental abnormality. A sex offender requiring
  civil  management  can,  as  determined  by procedures set forth in this
  article, be either (1) a dangerous sex offender requiring confinement or
  (2) a sex offender requiring strict and intensive supervision.
    (r) "Sex offender requiring strict and intensive supervision" means  a
  detained sex offender who suffers from a mental abnormality but is not a
  dangerous sex offender requiring confinement.
    (s)  "Sexually  motivated"  means  that the act or acts constituting a
  designated felony were committed in whole or in substantial part for the
  purpose of direct sexual gratification of the actor.