McCurdy v. Warden

Decision: 2020.11.23

Argument: 2020.10.13 vid. tr.

Whether Department of Corrections and Community Supervision had authority to place a level three sex offender who already completed more than six months of postrelease supervision into Residential Treatment Facility where sex offender was unable to locate housing compliant with the Sexual Assault Reform Act; application of Penal Law § 70.45(3), Correction Law § 73(10), Executive Law § 259-c(14).

Related Case: People ex rel. Negron v. Superintendent, Woodbourne Correctional Facility; People ex rel. Johnson v. Superintendent, Adirondack Correctional Facility; Ortiz v. Breslin.

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• Statute authorizes prison officials to retain sex offenders in prison facilities for the entire term of their supervised release (McCurdy v. Warden).
• The October Session calendar is set.
• Case Summary – McCurdy v. Warden