ALBANY – An antisocial condition that penologists said is common among criminals is an acceptable prerequisite to a finding that a sex offender may be subject to civil confinement in New York after their release from prison, the state Court of Appeals ruled Tuesday.
The 5-1 court affirmed in two cases that the presence of a borderline personality disorder may be considered as enhancing the risk an offender will commit more sexually oriented crimes if treatment is not imposed by courts or, in more extreme cases, offenders are not held in secure mental facilities.
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