The Bronx County Supreme Court issued orders in February and March 2024 committing the respondent, J.T., to a secure treatment facility after a jury determined that he has a mental abnormality under the Mental Hygiene Law. And after a dispositional hearing, the court further found that J.T. was a "dangerous sex offender" requiring confinement.
On appeal, the Appellate Division, First Department, affirmed those determinations.
In the AD1's view, the State of New York presented clear and convincing evidence which demonstrated -- that given J.T.'s mental abnormalities, together with other factors -- that he presented a significant risk that he would re-offend.
His diagnosed conditions, history of substance abuse, psychopathic traits, lack of remorse or acceptance of his actions, results from a risk assessment instrument, absence of sex offender treatment, and failure to develop a viable relapse prevention plan supported the conclusion that J.T. suffers from more than one condition or disorder that collectively predisposes him to committing sex offenses and creates serious difficulty in controlling such behavior.
Consequently, confinement in a secure treatment facility was found to be necessary to prevent further offenses.
Talk about confining ....
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DECISION