A Bronx judge has ordered the state to release a potentially dangerous sex offender because of a constitutional defect in the Mental Health Law.
Supreme Court Justice Colleen Duffy held in State v. Enrique T., 2011 NY Slip Op 21269, that the law empowering New York to civilly manage sex offenders after they have completed a criminal sentence unconstitutionally requires confining them before there has been a trial to determine if civil confinement is even necessary.
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