“In New York, Does a Sex Offender’s Violation of Non-Sexual Terms of Strict and Intensive Supervision and Treatment (SIST) establish an inability to control sexual misconduct?”

criminal lawyer buffalo ny should be informed the Fourth Department of the New York Appellate Division determined a sex offender’s violation of his strict and intensive supervision and treatment agreement did not justify a finding he has an inability to control sexual misconduct.

Under New York’s Mental Hygiene Law § 10.03, a finding of ‘inability’ based on nonsexual SIST violations is justified only when such violations bear a close causative relationship to sex offending. In the case of a non-sexual violation involving consuming alcohol, there is not a significant link between respondent’s alcohol use disorder and his sex offenses.

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