Opinion
2012-11-8
In re the STATE of New York, Petitioner–Respondent, v. NELSON D., Respondent–Appellant.
Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Laura R. Johnson of counsel), for respondent.
Marvin Bernstein, Mental Hygiene Legal Service, New York (Diane Goldstein Temkin of counsel), for appellant. Eric T. Schneiderman, Attorney General, New York (Laura R. Johnson of counsel), for respondent.
Amended order, Supreme Court, Bronx County (Michael A. Gross, J.), entered October 24, 2011, which directed that respondent, as a sex offender requiring strict and intensive supervision and treatment (SIST), reside at the Valley Ridge Center for Intensive Treatment, unanimously affirmed, without costs.
The court's determination that respondent should receive residential treatment at the Valley Ridge Center for Intensive Treatment was permissible under Mental Hygiene Law (MHL) § 10.11, which prescribes conditions of supervision, including specification of residence and type of residence, that may be imposed as part of SIST.
Because the SIST regimen imposed was authorized under MHL Article 10, petitioner's substantive due process rights were not offended ( see Kansas v. Hendricks, 521 U.S. 346, 117 S.Ct. 2072, 138 L.Ed.2d 501 [1996] ).