§ 10.03 Definitions.\n As used in this article, the following terms shall have the following\nmeanings:\n (a) "Agency with jurisdiction" as to a person means that agency which,\nduring the period in question, would be the agency responsible for\nsupervising or releasing such person, and can include the department of\ncorrections and community supervision, the office of mental health, and\nthe office for people with developmental disabilities.\n (b) "Commissioner" means the commissioner of mental health or the\ncommissioner of developmental disabilities.\n (c) "Correctional facility" means a correctional facility as that term\nis defined in section two of the correction law.\n (d) "Counsel for respondent" means any counsel that has been retained\nor appointed for respondent, or if no other counsel has been retained or\nappointed, or prior counsel cannot be located with reasonable efforts,\nthen the mental hygiene legal service.\n (e) "Dangerous sex offender requiring confinement" means a person who\nis a detained sex offender suffering from a mental abnormality involving\nsuch a strong predisposition to commit sex offenses, and such an\ninability to control behavior, that the person is likely to be a danger\nto others and to commit sex offenses if not confined to a secure\ntreatment facility.\n (f) "Designated felony" means any felony offense defined by any of the\nfollowing provisions of the penal law: assault in the second degree as\ndefined in section 120.05, assault in the first degree as defined in\nsection 120.10, gang assault in the second degree as defined in section\n120.06, gang assault in the first degree as defined in section 120.07,\nstalking in the first degree as defined in section 120.60, strangulation\nin the second degree as defined in section 121.12, strangulation in the\nfirst degree as defined in section 121.13, manslaughter in the second\ndegree as defined in subdivision one of section 125.15, manslaughter in\nthe first degree as defined in section 125.20, murder in the second\ndegree as defined in section 125.25, aggravated murder as defined in\nsection 125.26, murder in the first degree as defined in section 125.27,\nkidnapping in the second degree as defined in section 135.20, kidnapping\nin the first degree as defined in section 135.25, burglary in the third\ndegree as defined in section 140.20, burglary in the second degree as\ndefined in section 140.25, burglary in the first degree as defined in\nsection 140.30, arson in the second degree as defined in section 150.15,\narson in the first degree as defined in section 150.20, robbery in the\nthird degree as defined in section 160.05, robbery in the second degree\nas defined in section 160.10, robbery in the first degree as defined in\nsection 160.15, promoting prostitution in the second degree as defined\nin section 230.30, promoting prostitution in the first degree as defined\nin section 230.32, compelling prostitution as defined in section 230.33,\nsex trafficking of a child as defined in section 230.34-a, disseminating\nindecent material to minors in the first degree as defined in section\n235.22, use of a child in a sexual performance as defined in section\n263.05, promoting an obscene sexual performance by a child as defined in\nsection 263.10, promoting a sexual performance by a child as defined in\nsection 263.15, or any felony attempt or conspiracy to commit any of the\nforegoing offenses.\n (g) "Detained sex offender" means a person who is in the care,\ncustody, control, or supervision of an agency with jurisdiction, with\nrespect to a sex offense or designated felony, in that the person is\neither:\n (1) A person who stands convicted of a sex offense as defined in\nsubdivision (p) of this section, and is currently serving a sentence\nfor, or subject to supervision by the division of parole, whether on\nparole or on post-release supervision, for such offense or for a related\noffense;\n (2) A person charged with a sex offense who has
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