Matter of State of New York v. Kerry K.

Summary

The Appellate Division, Second Department, held that Mental Hygiene Law § 10.06(k) requires the respondent to be re-confined pending a new trial when a prior probable-cause finding remains valid after reversal of a mental-abnormality determination. The court further held that mandatory pretrial confinement was not unconstitutional as applied to Kerry K., who had previously been approved for community supervision under SIST. The order directing confinement was affirmed.

Holdings

1. Mental Hygiene Law § 10.06(k) requires the respondent to be re-confined pending completion of the new trial because the prior probable-cause determination was not disturbed by the earlier appellate reversal and remains valid.
2. Mental Hygiene Law § 10.06(k) is not unconstitutional as applied to Kerry K.; mandatory pretrial confinement based on the valid probable-cause determination does not violate due process.

Questions Presented

1. Whether Mental Hygiene Law § 10.06(k) requires re-confinement of an article 10 respondent pending a new trial when an undisturbed prior probable-cause determination remains in effect.
2. Whether mandatory pretrial confinement under Mental Hygiene Law § 10.06(k), as applied to an article 10 respondent previously found eligible for release under strict and intensive supervision and treatment, violates due process.

Disposition

affirmed