§ 10.08 Procedures under this article.\n (a) When a respondent submits to an examination pursuant to an order\nissued in accordance with this article, any statement made by the\nrespondent for the purpose of the examination shall be kept confidential\nin accordance with the provisions of section 33.13 of this chapter and\nshall be inadmissible in evidence against him or her in any criminal\naction or proceeding, provided that such statements may be used in\nproceedings under this article.\n (b) A psychiatric examiner chosen by the attorney general shall have\nreasonable access to the respondent for the purpose of such examination,\nas well as to the respondent's relevant medical, clinical, criminal or\nother records and reports. A psychiatric examiner chosen by or appointed\non behalf of the respondent shall have reasonable access to the\nrespondent's relevant medical, clinical or criminal records and reports,\nexcept that such psychiatric examiner shall not have access without\ncourt order and for good cause shown to the name of, address of, or any\nother identifying information about the victim or victims. To the extent\npossible, such identifying information should be redacted so as to\nprovide the examiner with access to the balance of the document. In\nconducting examinations under this article, psychiatric examiners may\nemploy any method that is accepted by the medical profession for the\nexamination of persons alleged to be suffering from a mental disability\nor mental abnormality.\n (c) Notwithstanding any other provision of law, the commissioner, the\ncase review panel and the attorney general shall be entitled to request\nfrom any agency, office, department or other entity of the state, and\nsuch entity shall be authorized to provide upon such request, any and\nall records and reports relating to the respondent's commission or\nalleged commission of a sex offense, the institutional adjustment and\nany treatment received by such respondent, and any medical, clinical or\nother information relevant to a determination of whether the respondent\nis a sex offender requiring civil management. Otherwise confidential\nmaterials obtained for purposes of proceedings pursuant to this article\nshall not be further disseminated or otherwise used except for such\npurposes. Nothing in this article shall be construed to restrict any\nright of a respondent to obtain his or her own records pursuant to other\nprovisions of law.\n (d) The attorney general shall make records in his or her possession\nand relevant to the respondent available for inspection or copying by\ncounsel for the respondent for purposes of hearing, trial, and appeal\nprovided, however, that counsel shall not have access to the name of,\naddress of, or any other identifying information about the victim or\nvictims, or to any investigative or other reports that relate to matters\nbeyond the scope of the proceedings and are confidential or privileged\nfrom disclosure. To the extent possible, such identifying information\nshould be redacted so as to provide counsel with access to the balance\nof the document.\n (e) At any hearing or trial pursuant to the provisions of this\narticle, the court may change the venue of the trial to any county for\ngood cause, which may include considerations relating to the convenience\nof the parties or witnesses or the condition of the respondent.\n (e-1) Records or reports provided to the respondent in accordance with\nthis article shall be disclosed in the circumstances and in the same\nmanner as records and reports disclosed pursuant to the provisions of\nsection 33.16 of this chapter.\n (f) Time periods specified by provisions of this article for actions\nby state agencies are goals that the agencies shall try to meet, but\nfailure to act within such periods shall not invalidate later agency\naction except as explicitly provided by the provision in question. The\ncourt may extend any time period at the request, or on the cons
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.