Right to counsel

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Legislation, Sexually Dangerous Persons - Commitment

Sex offenders determined to need civil commitment or other forms of civil management are entitled to counsel in any hearing or trial conducted to so determine. See N.Y. Mental Hyg. Law § 10.06(c) ("Upon the filing of a sex offender civil management petition, or upon a request to the court by the attorney general for an order ... that a respondent submit to an evaluation by a psychiatric examiner, whichever occurs earlier, the court shall appoint counsel in any case where the respondent is financially unable to obtain counsel"); § 10.08(g) ("In preparing for or conducting any hearing or trial pursuant to the provisions of this article, and in preparing any petition under the provisions of this article, the respondent shall have the right to have counsel represent him or her, provided that the respondent shall not be entitled to appointment of counsel prior to the time provided in section 10.06 of this article.").


In the event of an appeal, "a respondent who is or becomes financially unable to obtain counsel shall have the right to have appellate counsel appointed."  N.Y. Mental Hyg. Law  § 10.13(c).

Appointment of Counsel: categorical Qualified: no