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PEOPLE EX REL. JOSEPH II v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY

Nos. 95, 96.

15 N.Y.3d 126 (2010)

931 N.E.2d 76

905 N.Y.S.2d 107

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSEPH II., Respondent, v. SUPERINTENDENT OF SOUTHPORT CORRECTIONAL FACILITY et al., Appellants. In the Matter of STATE OF NEW YORK, Appellant, v. HUMBERTO G., Respondent.

Court of Appeals of New York.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, Albany ( Andrea Oser , Barbara D. Underwood and Robert C. Weisz of counsel), for appellants in the first and second above-entitled proceedings.

Mental Hygiene Legal Service, Third Judicial Department, Albany ( David M. LeVine and Sheila E. Shea of counsel), for respondent in the first above-entitled proceeding.

Mental Hygiene Legal Service, Second Judicial Department, Mineola ( Rachael E. Seevers , Sidney Hirschfeld and Dennis B. Feld of counsel), for respondent in the second above-entitled proceeding.

Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

SMITH, J.

Article 10 of the Mental Hygiene Law, enacted in 2007, provides that certain imprisoned sex offenders may be transferred to mental hospitals, rather than being released, when their prison terms expire. The statute raises important questions concerning the procedural and substantive rights of the prisoners to whom it applies, but those questions are not before us in this case...

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