In State v. Michael M., 24 NY3d 649 (December 17, 2014) the Court noted that to be a dangerous sex offender requiring confinement, the State had to demonstrate the respondent had "such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined . . ." 24 NY3d at 658. The Court held the statute "clearly envisages a distinction between sex offenders who have difficulty controlling their sexual conduct and those who are unable to control it. The former are to be supervised and treated as "outpatients" and only the latter may be confined." Id. at 659. The evidence in the case, the Court said, indicated the Respondent was struggling with his sexual urges, not that he was "unable to control himself" or "unable to govern his sexual conduct". Id. "But more than this -- the inability to control sexual misconduct -- would have had to be shown to prove that respondent was a dangerous sex offender requiring confinement." Id. The Court held that in order to revoke a respondent's SIST placement and confine him the State must demonstrate he has an "inability to control sexual misconduct", a standard the Court held had not been met in the case. Since the statutory standard for confinement of a SIST violator is the same as for confining a respondent after an initial dispositional hearing, the "inability to control sexual misconduct" standard will now also apply to initial dispositional hearings. The Court noted that the statutory standard for confinement of a respondent after either trial or a SIST violation required the court to find a respondent had "such a strong predisposition to commit sex offenses, and such an inability to control behavior, that the person is likely to be a danger to others and to commit sex offenses if not confined to a secure treatment facility". 2014 NY SlipOp IV; quoting MHL 10.03 [e]. The Court held the statute "clearly envisages a distinction between sex offenders who have difficultly controlling their sexual conduct and those who are unable to control it. The former are to be supervised and treated as outpatients' and only the latter may be confined." Id.