Section 10.10. Treatment and confinement

(a)  If  the  respondent  is  found  to  be  a  dangerous sex offender
  requiring confinement and committed to a secure treatment facility, that
  facility shall provide care, treatment, and control  of  the  respondent
  until  such  time  that  a court discharges the respondent in accordance
  with the provisions of this article.
    (b) The commissioner shall, for persons  committed  pursuant  to  this
  article,  develop  and implement a treatment plan in accordance with the
  provisions of section 29.13 of this chapter. The commissioner shall give
  due regard to any relevant standards,  guidelines,  and  best  practices
  recommended by the office of sex offender management.
    (c)  The  commissioner,  or  the  commissioner  of  the  department of
  correctional services, or other government entity  responsible  for  the
  care   and  custody  of  respondents,  shall  be  authorized  to  employ
  appropriate safety and security measures, as he or she  deems  necessary
  to  ensure the safety of the public, during court proceedings and in the
  transport of persons committed or undergoing any proceedings under  this
  article. Such commissioner shall provide training in the use of safe and
  appropriate   security   interventions   to  employees  responsible  for
  transporting persons under this article.
    (d)  The  commissioner  shall  have  the  discretion  to  enter   into
  agreements   with  the  department  of  correctional  services  for  the
  provision of security services relating to this article.
    (e) Persons in the  custody  of  the  commissioner  pursuant  to  this
  article  shall  be kept separate from other persons in the care, custody
  and control of the commissioner, and shall be segregated from such other
  persons,  provided,  however,  that  persons  committed  or  subject  to
  proceedings  under  this  article  need not be segregated from other sex
  offenders committed  or  subject  to  proceedings  under  this  article,
  article  nine  of  this  title,  or  section  four  hundred  two  of the
  correction law. If any dangerous sex offenders requiring confinement are
  committed to a secure treatment facility located on  the  grounds  of  a
  correctional  facility,  they  shall  be  kept  separate from persons in
  custody as a result of criminal cases, and shall be segregated from such
  persons. Occasional instances of supervised, incidental contact  between
  persons  required  by  this  subdivision  to  be segregated shall not be
  considered a violation of such segregation requirements.
    (f)  In  accordance  with  security  procedures   developed   by   the
  commissioner,  a  person  committed under this article may be granted an
  escorted privilege by the director of the secure treatment  facility  in
  which  he  or  she  is  receiving  care  and  treatment but only for the
  purposes of allowing the person to receive medical  or  dental  care  or
  treatment not available at the facility, to visit a family member who is
  seriously  ill  or  to  attend  the funeral of a family member. A person
  granted an escorted privilege shall be under the constant supervision of
  one  or  more  facility  employees  who  have  been  designated  by  the
  commissioner  or  other  specially  trained  personnel  approved  by the
  commissioner to provide care and supervision of such persons.
    (g) If a person is in the custody of the commissioner pursuant  to  an
  order  issued  under this article, and such person escapes 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 the danger. Such notice
  shall be given by any means reasonably calculated 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 attorney  general;  and  counsel
  for respondent or the 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 the
  escape occurred;
    (5)  any  victim  or  victims  who  submitted  the  notification  form
  described  in  subdivision  four  of  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 apprise such victim or victims that the person
  escaped from the facility; and
    (8) any other person the committing court may designate.
    (h) The  person  may  be  apprehended,  restrained,  transported,  and
  returned  to  the  facility  from  which he or she escaped by any police
  officer or peace officer, and it shall be the duty of  such  officer  to
  assist  any  representative  of the commissioner to take the person into
  custody upon the request of such representative.
    (i) The commissioner shall submit to the governor and the  legislature
  no   later   than   December  first  of  each  year,  a  report  on  the
  implementation of this article. Such report shall include,  but  not  be
  limited  to,  the census of each existing treatment facility, the number
  of persons reviewed by the case review teams for proceedings under  this
  article, the number of persons committed pursuant to this article, their
  crimes of conviction, and projected future capacity needs.