SUBSTANCE USE AND SCHIZOTYPAL DISORDERS TRIGGERED SEX OFFENSES
After he was found by the Westchester County Supreme Court to suffer from a “mental abnormality,” which made him a “dangerous sex offender” who required “civil confinement,” Timothy appealed.
New York law defines a “dangerous sex offender requiring confinement” as someone “who is a detained sex offender suffering from a mental abnormality involving such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility.”
Because there was “uncontroverted evidence” in the record supporting the trial court’s determination that Timothy’s “frotteuristic disorder alone, and also when combined with his substance use and schizotypal personality disorders, which further disinhibited his behavior, predisposed him to commit sex offenses and seriously impaired his ability to control such conduct,” the Appellate Division, Second Department, agreed that Timothy suffered from a “mental abnormality.”
And since his level of “dangerousness” warranted “confinement rather than strict and intense supervision,” the AD2 saw no reason to disturb the underlying outcome.
That had to rub Timothy the wrong way …
# # #
DECISION