8-24-15 New York:A judge is ordering that the man at the center of a ground-breaking case over the civil confinement of sex offenders be released to Clinton County over the objections of state officials, who prefer he live in Oswego County.
Acting Manhattan Supreme Court Justice Daniel Conviser said he is empowered by Article 10 of the Mental Hygiene Law, which governs civil management of sex offenders, to approve the living arrangements and treatment regimen of offenders he has ordered to be returned to the public.
Conviser ruled in State of New York v. Floyd Y., 30061-2008, the most "appropriate" placement for Floyd Y. is at a hotel in Plattsburgh, which also houses several other Article 10 releasees. Conviser said it is close to where Floyd Y. can receive treatment for his sexual abnormality and is not Oswego County, where his victims live.
Conviser said the state's arguments that Floyd Y. would be "undomiciled" in Clinton County were baseless, as, the man could be housed in a $45-a-night hotel until he finds housing. Conviser estimated that it has cost the state $1.75 million to house Floyd Y. in mental health facilities since his Article 9 confinement began 10 years ago.
"This court is … convinced that the state of New York has the resources to weather the storm" if it must pay for a hotel in Plattsburgh, Conviser wrote.
Floyd Y. was the subject of State v. Floyd Y., 22 NY3d 95 (2013), in which the Court of Appeals relaxed hearsay rules in Article 9 proceedings (NYLJ, Nov. 20, 2013). He has been confined since his 2001 conviction for molesting two of his stepchildren. ..Source.. by Joel Stashenko, New York Law Journal
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