People ex rel. Neville v. Toulon

Summary

The court held that Mental Hygiene Law § 10.11 (d) (4), which permits temporary confinement of a person released to strict and intensive supervision and treatment after an ex parte judicial probable-cause determination, does not violate procedural due process on its face or as applied. Applying the balancing framework for procedural due process, the court concluded that the respondent's temporary and limited liberty interest, the independent judicial review and prompt final hearing, and the State's substantial public-safety interest outweigh the marginal benefit of an adversarial preliminary hearing. The court also held that the petitioner's challenge to confinement beyond the statutory 30-day period was unpreserved.