State of New York v. Luis P.

Health Law

New York Law Journal


Justice Emily Pines

New York State sought to authorize civil management of Luis P. After a hearing, the court found Luis was a sex offender with a mental abnormality, and was in need of strict and intensive supervision (SIST). It approved an SIST regimen requiring Luis to attend, participate and complete a sex offender treatment program, and wear a global positioning (GP) device, among other things. The court was informed that upon his discharge from the treatment program, Luis removed his GP device, and absconded the same day. Luis was later arrested and incarcerated for violating the provisions of his parole. Despite the State's vehement objections, the court gave Luis a chance to remain out of confinement, yet at first chance, he removed his GP device, and escaped any monitoring. It stated, based on records, Luis persisted in contradicting himself regarding his commission of sexual offenses and was terminated from his SIST sexual treatment program after refusing to participate in it. Based on testimony of psychiatric examiners, the court ruled the state showed Luis presented a danger to the community, including committing repeated sex offenses unless confined to a secure mental health treatment facility and ordered commitment.

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