Section 10.08. Procedures under this article

(a)  When  a respondent submits to an examination pursuant to an order
  issued in accordance with  this  article,  any  statement  made  by  the
  respondent for the purpose of the examination shall be kept confidential
  in  accordance  with the provisions of section 33.13 of this chapter and
  shall be inadmissible in evidence against him or  her  in  any  criminal
  action  or  proceeding,  provided  that  such  statements may be used in
  proceedings under this article.
    (b) A psychiatric examiner chosen by the attorney general  shall  have
  reasonable access to the respondent for the purpose of such examination,
  as  well  as to the respondent's relevant medical, clinical, criminal or
  other records and reports. A psychiatric examiner chosen by or appointed
  on behalf  of  the  respondent  shall  have  reasonable  access  to  the
  respondent's relevant medical, clinical or criminal records and reports,
  except  that  such  psychiatric  examiner  shall not have access without
  court order and for good cause shown to the name of, address of, or  any
  other identifying information about the victim or victims. To the extent
  possible,  such  identifying  information  should  be  redacted so as to
  provide the examiner with access to the  balance  of  the  document.  In
  conducting  examinations  under  this article, psychiatric examiners may
  employ any method that is accepted by the  medical  profession  for  the
  examination  of persons alleged to be suffering from a mental disability
  or mental abnormality.
    (c) Notwithstanding any other provision of law, the commissioner,  the
  case  review panel and the attorney general shall be entitled to request
  from any agency, office, department or other entity of  the  state,  and
  such  entity  shall  be authorized to provide upon such request, any and
  all records and reports  relating  to  the  respondent's  commission  or
  alleged  commission  of  a sex offense, the institutional adjustment and
  any treatment received by such respondent, and any medical, clinical  or
  other  information relevant to a determination of whether the respondent
  is a sex offender requiring  civil  management.  Otherwise  confidential
  materials  obtained for purposes of proceedings pursuant to this article
  shall not be further disseminated or  otherwise  used  except  for  such
  purposes.  Nothing  in  this  article shall be construed to restrict any
  right of a respondent to obtain his or her own records pursuant to other
  provisions of law.
    (d) The attorney general shall make records in his or  her  possession
  and  relevant  to  the respondent available for inspection or copying by
  counsel for the respondent for purposes of hearing,  trial,  and  appeal
  provided,  however,  that  counsel shall not have access to the name of,
  address of, or any other identifying information  about  the  victim  or
  victims, or to any investigative or other reports that relate to matters
  beyond  the  scope of the proceedings and are confidential or privileged
  from disclosure. To the extent possible,  such  identifying  information
  should  be  redacted so as to provide counsel with access to the balance
  of the document.
    (e) At any hearing  or  trial  pursuant  to  the  provisions  of  this
  article,  the  court may change the venue of the trial to any county for
  good cause, which may include considerations relating to the convenience
  of the parties or witnesses or the condition of the respondent.
    (e-1) Records or reports provided to the respondent in accordance with
  this article shall be disclosed in the circumstances  and  in  the  same
  manner  as  records  and reports disclosed pursuant to the provisions of
  section 33.16 of this chapter.
    (f) Time periods specified by provisions of this article  for  actions
  by  state  agencies  are  goals that the agencies shall try to meet, but
  failure to act within such periods shall  not  invalidate  later  agency

  action  except  as explicitly provided by the provision in question. The
  court may extend any time period at the request, or on the  consent,  of
  the  respondent. No provision of this article shall be interpreted so as
  to  prevent  a respondent, after opportunity to consult with counsel for
  respondent, from consenting to the relief which could be  sought  by  an
  agency  with  jurisdiction  by  means  of  a court proceeding under this
  article.
    (g) In preparing for or conducting any hearing or  trial  pursuant  to
  the  provisions of this article, and in preparing any petition under the
  provisions of this article, the respondent shall have the right to  have
  counsel  represent him or her, provided that the respondent shall not be
  entitled to appointment of counsel prior to the time provided in section
  10.06 of this article. The attorney general shall represent  the  state.
  Any   relevant   written  reports  of  psychiatric  examiners  shall  be
  admissible, regardless of whether the author of the report is called  to
  testify,  so  long  as they are certified pursuant to subdivision (c) of
  rule forty-five hundred eighteen of the civil practice law and rules, in
  any proceeding or hearing held pursuant to subdivision  (g)  or  (h)  of
  section  10.06  of  this  article,  paragraph two of subdivision (a), or
  paragraph four of subdivision (d), or subdivision (e),  (g)  or  (h)  of
  section 10.11 of this article. In all other proceedings or hearings held
  pursuant  to this article, such admissibility shall require a showing of
  the author's unavailability to testify, or other good  cause.  All  plea
  minutes   and   prior  trial  testimony  from  the  underlying  criminal
  proceeding, and records from previous proceedings  under  this  article,
  shall  be  admissible.  Each  witness,  whether  called  by the attorney
  general or the respondent, must, unless he or she would be authorized to
  give unsworn evidence at  a  trial,  testify  under  oath,  and  may  be
  cross-examined. The respondent may, as a matter of right, testify in his
  or  her  own behalf, call and examine other witnesses, and produce other
  evidence in his or her behalf. The respondent may not, however, cause  a
  subpoena  to  be  served  on the person against whom the sex offense was
  committed or alleged to have been committed by  the  respondent,  except
  upon  order  of the court for good cause shown. Either party may request
  closure of the courtroom, or sealing of papers, for good cause shown.
    (h) The procedures and standards set forth in this  article  governing
  the  imposition of conditions upon the respondent are intended to be the
  minimum required to  provide  for  the  protection  of  the  public  and
  treatment  of the respondent. Nothing in this article shall be construed
  to require the availability or  imposition  of  forms  of  treatment  or
  supervision  other  than  those  for  which  this  article  specifically
  provides.