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ERNST J. v. STONE

Docket No. 05-2754-PR.

452 F.3d 186 (2006)

ERNST J., Petitioner-Appellant, v. James L. STONE, Commissioner, New York State Office of Mental Health, Richard Bennett, Executive Director, Mid-Hudson Forensic Psychiatric Center, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 21, 2006.

Attorney(s) appearing for the Case

Lisa Volpe (Sidney Hirschfeld, Director, Mental Hygiene Legal Service, Dennis B. Feld, on the brief), Mental Hygiene Legal Service, Second Judicial Department, Mineola, NY, for Petitioner-Appellant.

Caroline R. Donhauser, Assistant District Attorney (Charles J. Hynes, District Attorney of Kings County, Leonard Joblove and Victor Barall, Assistant District Attorneys, on the brief), Office of the District Attorney of Kings County, Brooklyn, NY, for Respondents-Appellees.

Jeffrey P. Metzler, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Robert H. Easton, Deputy Solicitor General, on the brief), Office of the Attorney General of the State of New York, New York, NY, for Respondents-Appellees.

Before WINTER, CABRANES, and SACK, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge.

In New York State, once a criminal defendant pleads not responsible by reason of mental disease or defect ("NRRMDD"), the state has several options: it may commit him to a secure psychiatric facility, commit him to a non-secure psychiatric facility, release him subject to an "order of conditions," or in rare circumstances, discharge him unconditionally. Those defendants who are initially released subject to an order of conditions...

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