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Buffalo sex offender must remain in mental institution, court says

A Buffalo man, who was committed to a mental institution last year under the state’s civil confinement law for sex offenders, lost his appeal Friday.

The Appellate Division of State Supreme Court ruled unanimously that the state Attorney General’s Office showed by “clear and convincing evidence” that Michael W. Matter “is a dangerous sex offender requiring confinement.”

Matter, 48, was convicted in 1997 in Erie and Niagara counties of felonies involving the sexual abuse of two sisters. He served almost 11 years in prison and 21 months in a mental institution before State Supreme Court Justice Richard C. Kloch Sr. ordered him released.

After Matter lived on his own for a year and a half without incident, Kloch placed him on Strict and Intensive Supervision and Treatment, a tough parole regimen with 82 rules. Within a month, he had been accused of violating some rules.

Kloch accused the state’s parole and mental health bureaucracies of undermining his order for supervised release, but after a hearing, he sent Matter to be institutionalized in April 2012.