Civil Commitment Sample Clauses

Civil Commitment. Note: A failure to advise a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA), and the consequences thereof, does not necessarily render the guilty plea involuntary (see People v Harnett, 16 NY3d 200, 203 [2011]). Where, however, the consequences can include extended confinement, a court should advise a defendant who may be subject to the act of the possible consequences (see id. at 207).

Civil Commitment. 125 6.1.38 Obstetrics and Gynecological Services. 125 6.1.39 Outpatient Hospital Services. 126 6.1.40 Physician Services. 126

Civil Commitment. Note: A failure to advise a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA), and the consequences thereof, does not necessarily render the guilty plea involuntary (see People v Harnett, 16 NY3d 200, 203 [2011]). Where, however, the consequences can include extended confinement, a court should advise a defendant who may be subject to the act of the possible consequences (see id. at 207). Note: Defense counsel must give appropriate advice on a deportation consequence of a plea (see Xxxxxxx v Kentucky, 559 US 356 [2010]). The plea court must at least advise a non‑citizen defendant that he or she is subject to deportation (see CPL 220.50 [7]). But see People v. Peque, 22 N.Y.3d 168, 182-83 (2013) (“because defendant knew of his potential deportation, and thus had the ability to tell the court, if he chose, that he would not have pleaded guilty if he had known about deportation, he was required to preserve his claim regarding the involuntariness of his plea”); People v Xxxxxxx, 2020 WL 1516458 (2020).

Civil Commitment. Note: A failure to advise a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA), and the consequences thereof, does not necessarily render the guilty plea involuntary (see People v Harnett, 16 NY3d 200, 203 [2011]). Where, however, the consequences can include extended confinement, a court should advise a defendant who may be subject to the act of the possible consequences (see id. at 207). Note: Defense counsel must give appropriate advice on a deportation consequence of a plea (see Xxxxxxx v Kentucky, 559 US 356 [2010]). The plea court must at least advise a non-citizen defendant that he or she is subject to deportation (see CPL 220.50 [7]). A failure to advise, however, requires vacation only if the defendant was prejudiced by the failure to be told, i.e., that the defendant would not have pleaded guilty had he or she known of the risk of deportation (see People v Peque, 22 NY3d 168 [2013]).

Civil Commitment. (1) The MCO shall: (a) Work with hospitals in the MCO’s network to develop procedures for prompt notification by the hospital to the MCO upon admission of an Enrollee for psychiatric inpatient services; (b) Work with county pre-petition screening teams to develop procedures for notification within seventy-two (72) hours by the pre-petition screening team to the MCO when an Enrollee is the subject of a pre-petition screening investigation; (c) Provide expedited determination of eligibility for MH-TCM for MCO Enrollees who are referred to the health plan as potentially eligible for MH-TCM; and (d) Assign MH-TCM as court ordered services for Enrollees with mental illness who are committed, or for Enrollees whose commitment has been stayed or continued. (2) The MCO Mental Health Targeted Case Manager shall: (a) Work with hospitals, pre-petition screening teams, family members or representatives, and current Providers, to assess the Enrollee and develop an individual care plan that includes diversion planning and least restrictive alternatives consistent with the Commitment Act. This may include: (i) Testifying in court, and (ii) Preparing and providing requested documentation to the court; (b) Report to the court within the court-required timelines regarding the Enrollee’s care plan status and recommendations for continued commitment, including, as needed, requests to the court for revocation of a provisional discharge; (c) Provide input only for pre-petition screening, court-appointed independent examiners, substitute decision-makers, or court reports for Enrollees who remain in the facility to which they were committed; (d) Provide mental health case management coverage which includes discharge planning for up to one hundred and eighty (180) days prior to an Enrollee’s discharge from an Inpatient Hospitalization in a manner that works with, but does not duplicate, the facility’s discharge planning services; and (e) Ensure continuity of health care and case management coverage for Enrollees in transition due to change in benefits or change in residence.

Civil Commitment. Note: A failure to advise a defendant who pleads guilty to a sex offense that he may be subject to the Sex Offender Management and Treatment Act (SOMTA), and the consequences thereof, does not necessarily render the guilty plea involuntary (see People v Harnett, 16 NY3d 200, 203 [2011]). Where, however, the consequences can include extended confinement, a court should advise a defendant who may be subject to the act of the possible consequences (see id. at 207). Note: Defense counsel must give appropriate advice on a deportation consequence of a plea (see Xxxxxxx v Kentucky, 559 US 356 [2010]).

Civil Commitment. Case (MHMI)