Section 10.05. Notice and case review

(a)  The  commissioner  of  mental  health,  in  consultation with the
  commissioner  of  the  department  of  correctional  services  and   the
  commissioner of mental retardation and developmental disabilities, shall
  establish  a  case  review panel consisting of at least fifteen members,
  any three of whom may sit as a team to  review  a  particular  case.  At
  least  two  members  of each team shall be professionals in the field of
  mental health or the  field  of  mental  retardation  and  developmental
  disabilities,   as   appropriate,  with  experience  in  the  treatment,
  diagnosis, risk assessment or management of sex offenders. To the extent
  practicable, the workload of the case  review  panel  should  be  evenly
  distributed  among  its  members.  Members  of the case review panel and
  psychiatric  examiners  should   be   free   to   exercise   independent
  professional  judgment  without pressure or retaliation for the exercise
  of that judgment from any source.
    (b) When it appears to an agency with  jurisdiction,  other  than  the
  division  of parole, that a person who may be a detained sex offender is
  nearing an anticipated release, the agency shall  give  notice  of  that
  fact  to  the attorney general and to the commissioner of mental health.
  When the division of parole is the agency with jurisdiction, it may give
  such notice. The agency with jurisdiction shall seek to give such notice
  at least one hundred twenty  days  prior  to  the  person's  anticipated
  release,  but  failure  to give notice within such time period shall not
  affect the validity of such notice or any subsequent  action,  including
  the filing of a sex offender civil management petition.
    (c)  The notice to the attorney general and the commissioner of mental
  health shall, to the extent possible, contain the following:
    (1) The person's name, aliases, and other identifying information such
  as date of birth, sex, physical characteristics, and anticipated  future
  residence;
    (2) A photograph and a set of fingerprints;
    (3)  A  description of the act or acts that constitute the sex offense
  and a description  of  the  person's  criminal  history,  including  the
  person's  most  recent  sentence  and  any  supervisory  terms  that  it
  includes;
    (4) The presentence reports prepared pursuant to article three hundred
  ninety of the criminal  procedure  law  and  other  available  materials
  concerning the person's sex offense; and
    (5) A description of the person's institutional history, including his
  or her participation in any sex offender treatment program.
    (d)    The    commissioner    shall   be   authorized   to   designate
  multidisciplinary  staff,  including  clinical  and  other  professional
  personnel,  to provide a preliminary review of the need for detained sex
  offenders to be evaluated under the procedures of this section. When the
  commissioner  receives  notice  pursuant  to  subdivision  (b)  of  this
  section,  such staff shall review and assess relevant medical, clinical,
  criminal,  or   institutional   records,   actuarial   risk   assessment
  instruments  or other records and reports, including records and reports
  provided by the district attorney of the county  where  the  person  was
  convicted,  or  in the case of persons determined to be incapacitated or
  not responsible by reason of mental disease or defect, the county  where
  the person was charged. Upon such review and assessment, the staff shall
  determine  whether the person who is the subject of the notice should be
  referred to a case review team for evaluation.
    (e) If the person is referred to a case review  team  for  evaluation,
  notice  of  such referral shall be provided to the respondent. Upon such
  referral, the case review team shall review relevant records,  including
  those  described  in  subdivisions  (c) and (d) of this section, and may

  arrange for a psychiatric examination of the respondent.  Based  on  the
  review  and  assessment  of such information, the case review team shall
  consider whether the  respondent  is  a  sex  offender  requiring  civil
  management.
    (f)  If  the  case review team determines that the respondent is not a
  sex  offender  requiring  civil  management,  it  shall  so  notify  the
  respondent  and the attorney general, and the attorney general shall not
  file a sex offender civil management petition.
    (g) If the case review  team  finds  that  the  respondent  is  a  sex
  offender  requiring  civil management, it shall so notify the respondent
  and the attorney  general,  in  writing.  The  written  notice  must  be
  accompanied  by  a  written  report  from  a  psychiatric  examiner that
  includes  a  finding  as  to  whether  the  respondent  has   a   mental
  abnormality.  Where  the  notice  indicates  that  a  respondent  stands
  convicted of or was charged with a  designated  felony,  it  shall  also
  include  the  case  review  team's  finding  as  to  whether the act was
  sexually motivated. The case  review  team  shall  provide  its  written
  notice to the attorney general and the respondent within forty-five days
  of  the  commissioner  receiving  the  notice  of  anticipated  release.
  However, failure to do so within that time period shall not  affect  the
  validity  of  such notice or finding or any subsequent action, including
  the attorney  general's  filing  of  a  sex  offender  civil  management
  petition subsequent to receiving the finding of the case review team.