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ALTHOUGH DEFENDANT’S STRICT AND INTENSIVE SUPERVISION AND TREATMENT (SIST) CONDITIONS WERE VIOLATED, THE VIOLATIONS PERTAINED TO DRUG USE, NOT SEXUAL MISCONDUCT, EVIDENCE LINKING DEFENDANT’S COCAINE USE TO SEXUAL AROUSAL WAS DEEMED SUFFICIENT TO WARRANT CIVIL COMMITMENT.

The Fourth Department, over a substantive dissent, determined the evidence was sufficient to support the revocation of defendant sex offender’s strict and intensive supervision and treatment (SIST) status and the imposition of civil commitment (as a dangerous sex offender). The SIST violations related to cocaine use, not sexual misconduct. Evidence linked defendant’s cocaine use to sexual arousal. The dissent argued such proof was insufficient because there was no showing defendant’s use of cocaine led to his inability to control (as opposed to difficulty in controlling) his sexual behavior:

Here, petitioner’s expert testified that respondent suffers from antisocial personality disorder, substance abuse disorder, and severe cocaine and alcohol use disorder. Respondent’s instant SIST violations included the use of cocaine on at least two occasions within one month of release to the community. Respondent has violated the conditions of SIST release on two prior occasions, and those violations also involved cocaine use. Petitioner’s expert described respondent’s cocaine use upon his most recent release to be of an “escalating” nature, and opined that respondent is unable to curb his craving for cocaine and has demonstrated a lack of cooperation with, and resentment toward, substance abuse and sex offender treatment. Petitioner’s expert further opined that respondent’s sex offending behavior is “linked” with his cocaine usage and his sexual arousal has become conditioned to his cocaine usage. Moreover, every examiner who has evaluated respondent has concluded that his sex offending behavior is linked to his substance abuse, and the hearing record contains numerous admissions by respondent that his sex offending behavior is linked to his cocaine use. Petitioner’s expert testified that, based on his Static-99 scores, respondent was at a moderate to high risk of recidivism, and respondent’s score on the Acute-2007 placed him in the high range risk of recidivism. Although respondent’s expert testified that respondent had “put some distance” between his cocaine use and his sex offending behavior, respondent’s expert also agreed that “[t]here’s no doubt that one could lead to the other.” We thus conclude that petitioner established by the requisite clear and convincing evidence that respondent’s substance abuse was linked to his sex offending behavior and that respondent is a dangerous sex offender requiring confinement … . Matter of State of New York v William J., 2017 NY Slip Op 05335, 4th Dept 6-30-17

 

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