Judge frees Sexually Violent Predator on constitutional grounds

Discussion in 'Up to the Minute' started by shadowraiths, Aug 29, 2011.

  1. shadowraiths

    shadowraiths LISK Liaison, Verified Forensic Psychology Special Staff Member Moderator

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    State of New York v Enrique T.
    2011 NY Slip Op 21269
    Decided on August 4, 2011
    Supreme Court, Bronx County

    As the Court has determined that that portion of MHL § 10.06(k) is facially unconstitutional, the Court cannot enforce its provisions. And, as there is no constitutional provision in Article 10 authorizing the Court to order Respondent's detention pending trial after a probable cause finding that Respondent is a sex offender [*4]requiring civil management, nor one authorizing the Court to release Respondent under certain terms and conditions, the Court is constrained to order Respondent to be released forthwith.



    For all of the foregoing reasons, this Court has determined that the aforementioned provisions of MHL § 10.06(k) are unconstitutional. Accordingly, the Court is constrained to order Respondent's release forthwith. Notwithstanding the foregoing, the Court stays this Order for 10 days to allow the parties to seek any appropriate relief they deem necessary.

    Moreover, although the Court is not statutorily empowered to order pre-trial supervision and treatment of Respondent, the Court notes that the parties may agree to any such terms and conditions, pending trial, as they deem fit.

    This constitutes the Decision and Order of the Court. [*27]
    Full order: click here
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