Section 10.11. Regimen of strict and intensive supervision and treatment

(a) (1) Before ordering the release of a person to a regimen of strict
  and  intensive  supervision  and treatment pursuant to this article, the
  court shall order that the  division  of  parole  recommend  supervision
  requirements  to  the court. These supervision requirements, which shall
  be developed in consultation with the commissioner, may include but need
  not be limited to, electronic monitoring or global positioning satellite
  tracking for  an  appropriate  period  of  time,  polygraph  monitoring,
  specification  of residence or type or residence, prohibition of contact
  with  identified  past  or  potential  victims,  strict  and   intensive
  supervision  by  a  parole  officer,  and any other lawful and necessary
  conditions  that  may  be  imposed  by  a  court.  In  addition,   after
  consultation  with  the psychiatrist, psychologist or other professional
  primarily treating the respondent, the commissioner  shall  recommend  a
  specific course of treatment. A copy of the recommended requirements for
  supervision and treatment shall be given to the attorney general and the
  respondent  and  his  or  her counsel a reasonable time before the court
  issues its written order pursuant to this section.
    (2) Before issuing its written  order,  the  court  shall  afford  the
  parties  an  opportunity  to be heard, and shall consider any additional
  submissions by the respondent and the attorney  general  concerning  the
  proposed  conditions  of the regimen of strict and intensive supervision
  and treatment. The court shall issue an order specifying the  conditions
  of  the regimen of strict and intensive supervision and treatment, which
  shall include specified supervision requirements and compliance  with  a
  specified  course of treatment. A written statement of the conditions of
  the regimen of strict and intensive supervision and treatment  shall  be
  given  to  the  respondent  and  to  his  or her counsel, any designated
  service providers  or  treating  professionals,  the  commissioner,  the
  attorney  general  and  the  supervising parole officer. The court shall
  require the division of parole to take appropriate actions to  implement
  the  supervision  plan  and assure compliance with the conditions of the
  regimen of strict and intensive supervision and treatment. A regimen  of
  strict  and  intensive supervision does not toll the running of any form
  of  supervision  in  criminal  cases,  including  but  not  limited   to
  post-release supervision and parole.
    (b)  (1)  Persons  ordered  into  a  regimen  of  strict and intensive
  supervision and treatment pursuant to this article shall be subject to a
  minimum of six face-to-face  supervision  contacts  and  six  collateral
  contacts  per  month.  Such  minimum contact requirements shall continue
  unless subsequently modified by the court or the division of parole.
    (2)  Any  agency,  organization,  professional  or  service   provider
  designated  to  provide  treatment to the person shall, unless otherwise
  directed by the court, submit  every  four  months  to  the  court,  the
  commissioner,  the attorney general and the supervising parole officer a
  report describing the person's conduct while under a regimen  of  strict
  and intensive supervision and treatment.
    (c)  An  order  for  a regimen of strict and intensive supervision and
  treatment places the person in the custody  and  control  of  the  state
  division  of parole. A person ordered to undergo a regimen of strict and
  intensive supervision and treatment pursuant to this article is  subject
  to lawful conditions set by the court and the division of parole.
    (d)  (1)  A  person's  regimen of strict and intensive supervision and
  treatment may be revoked if such a person violates a condition of strict
  and intensive supervision. If a parole officer has reasonable  cause  to
  believe  that  the  person  has  violated  a condition of the regimen of
  strict and intensive supervision and treatment or, if there is  an  oral
  or  written  evaluation  or report by a treating professional indicating

  that the person may be a dangerous sex offender requiring confinement, a
  parole officer authorized in the same manner as provided in subparagraph
  (i) of paragraph  (a)  of  subdivision  three  of  section  two  hundred
  fifty-nine-i  of  the executive law may take the person into custody and
  transport the person for lodging in a secure  treatment  facility  or  a
  local correctional facility for an evaluation by a psychiatric examiner,
  which  evaluation  shall be conducted within five days. A parole officer
  may take the person, under custody, to a psychiatric center  for  prompt
  evaluation,  and at the end of the examination, return the person to the
  place of lodging. A parole officer, as authorized by this paragraph, may
  direct a peace officer, acting pursuant to his or her special duties, or
  a police officer who is a member of an authorized police  department  or
  force  or of a sheriff's department, to take the person into custody and
  transport the person as provided in this paragraph. It shall be the duty
  of such peace officer  or  police  officer  to  take  into  custody  and
  transport any such person upon receiving such direction. The division of
  parole shall promptly notify the attorney general and the mental hygiene
  legal  service,  when  a  person  is taken into custody pursuant to this
  paragraph. No provision of this section shall preclude the  division  of
  parole  from  proceeding  with  a  revocation  hearing  as authorized by
  subdivision three of section two hundred fifty-nine-i of  the  executive
  law.
    (2)  After  the  person  is taken into custody for the evaluation, the
  attorney general may file: (i) a petition for  confinement  pursuant  to
  paragraph  four  of  this subdivision and/or (ii) a petition pursuant to
  subdivision (e) of this section to modify the conditions of a regimen of
  strict and intensive supervision and treatment. Either petition shall be
  filed in the court that issued the order imposing the regimen of  strict
  and intensive supervision and treatment. The attorney general shall seek
  to  file  the  petition  within five days after the person is taken into
  custody for evaluation. If no petition is filed within  that  time,  the
  respondent  shall  be  released immediately, subject to the terms of the
  previous order imposing the regimen of strict and intensive supervision,
  but failure to file a petition within such time  shall  not  affect  the
  validity of such petition or any subsequent action.
    (3)  A petition filed under paragraph two of this subdivision shall be
  served promptly on the respondent and the mental hygiene legal  service.
  The court shall appoint legal counsel in accordance with subdivision (c)
  of  section  10.06  of  this  article.  Counsel  for respondent shall be
  provided with a copy of the written report, if any, of  the  psychiatric
  examiner who conducted the evaluation pursuant to this section.
    (4)  A  petition  for  confinement  shall contain the parole officer's
  sworn allegations demonstrating reasonable cause  to  believe  that  the
  respondent  violated  a  condition  of  his  or her strict and intensive
  supervision, and shall be accompanied  by  any  written  evaluations  or
  reports by a treating professional indicating that the respondent may be
  a  dangerous  sex offender requiring confinement. If a petition is filed
  within the five-day period seeking the  respondent's  confinement,  then
  the  court  shall  promptly  review  the  petition  and,  based  on  the
  allegations in the  petition  and  any  accompanying  papers,  determine
  whether  there  is  probable  cause  to believe that the respondent is a
  dangerous sex  offender  requiring  confinement.  Upon  the  finding  of
  probable  cause,  the respondent may be retained in a local correctional
  facility or a secure treatment facility pending the  conclusion  of  the
  proceeding.  In  the  absence of such a finding, the respondent shall be
  released, but the court may impose revised conditions of supervision and
  treatment pending completion of the hearing. Within thirty days after  a
  petition   for   confinement  is  filed  under  paragraph  two  of  this

  subdivision, the court shall conduct a hearing to determine whether  the
  respondent  is  a  dangerous  sex  offender  requiring  confinement. Any
  failure to commence the hearing within the time period  specified  shall
  not  result  in  the  dismissal of the petition and shall not affect the
  validity of the hearing or the determination. The court shall  make  its
  determination  of  whether  the  respondent  is a dangerous sex offender
  requiring confinement in accordance with  the  standards  set  forth  in
  subdivision  (f)  of  section  10.07 of this article. If the court finds
  that the attorney general has not met the burden of showing by clear and
  convincing evidence that the respondent  is  a  dangerous  sex  offender
  requiring  confinement,  but finds that the respondent continues to be a
  sex offender requiring strict and intensive supervision, the court shall
  order the person to be released under  the  previous  order  imposing  a
  regimen  of  strict  and  intensive supervision and treatment, unless it
  modifies  the  order  imposing  a  regimen  of  strict   and   intensive
  supervision  and  treatment pursuant to subdivision (f) of this section.
  If the court determines that the attorney general has met the burden  of
  showing  by  clear  and  convincing  evidence  that  the respondent is a
  dangerous sex offender requiring confinement, the court shall order that
  the respondent be committed to a secure treatment facility  immediately.
  The  respondent  shall  not  be  released  pending the completion of the
  hearing.
    (e) If the attorney general files only  a  petition  for  modification
  under  paragraph  two of subdivision (d) of this section, the respondent
  shall be released  but  the  court  may  impose  revised  conditions  of
  supervision and treatment pending completion of the hearing. Within five
  days  after  filing  of  the  petition for modification, the court shall
  conduct a hearing to determine whether the  respondent's  conditions  of
  treatment and supervision should be modified. The attorney general shall
  have  the burden of showing that the modifications sought are warranted,
  and the court shall order such modifications to the extent that it finds
  that the attorney general has met that burden.
    (f) The court may modify or terminate the conditions of the regimen of
  strict and intensive supervision and treatment on the  petition  of  the
  supervising  parole  officer,  the commissioner or the attorney general.
  Such petition shall be served on the  respondent  and  the  respondent's
  counsel.  A  person  subject  to  a  regimen  of  strict  and  intensive
  supervision and treatment pursuant to this article  may  petition  every
  two years for modification or termination, commencing no sooner than two
  years  after  the  regimen  of  strict  and  intensive  supervision  and
  treatment commenced, with service  of  such  petition  on  the  attorney
  general, the division of parole, and the commissioner. Upon receipt of a
  petition  for  modification or termination pursuant to this section, the
  court may require the division of parole and the commissioner to provide
  a report concerning the person's conduct while subject to a  regimen  of
  strict  and  intensive  supervision  and  treatment.  If  more  than one
  petition is filed, the petitions may be considered in a single hearing.
    (g) Upon receipt of a  petition  for  modification  pursuant  to  this
  section,  the  court  may  hold  a  hearing  on such petition. The party
  seeking modification  shall  have  the  burden  of  showing  that  those
  modifications   are   warranted,   and   the   court  shall  order  such
  modifications to the extent that it finds that the party  has  met  that
  burden.
    (h)  Upon  receipt  of  a  petition  for  termination pursuant to this
  section, the court may  hold  a  hearing  on  such  petition.  When  the
  petition is filed by the respondent, the attorney general shall have the
  burden  of  showing by clear and convincing evidence that the respondent
  is currently a sex offender requiring civil  management.  If  the  court

  finds  that the attorney general has not sustained that burden, it shall
  order  the  respondent's  discharge  from  the  regimen  of  strict  and
  intensive  supervision and treatment. Otherwise the court shall continue
  the  regimen  of  strict and intensive supervision and treatment but may
  revise conditions of supervision and treatment as warranted.