ALBANY – Safeguards built into New York’s so-called Article 10 system for detaining incapacitated sex offenders are adequate to protect the constitutional due process rights of the offenders, a state appeals court determined unanimously yesterday.
The Appellate Division, Third Department, rejected the contention by the respondent, Daniel OO., that a March decision by Southern District Judge Deborah A. Batts finding a section of the 2007 Sex Offender Management and Treatment Act unconstitutional should preclude the state from attempting to seek civil confinement against an incapacitated person based on his prior sex crimes.
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