senate Bill S1828

Requires all sex offenders to register for life and eliminates the petition for relief by a sex offender; repealer

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 13 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 02 / Jun / 2011
    • 1ST REPORT CAL.979
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • 1ST REPORT CAL.433
  • 21 / Mar / 2012
    • 2ND REPORT CAL.
  • 22 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 07 / May / 2012
    • PASSED SENATE
  • 07 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2012
    • REFERRED TO CODES

Summary

Requires all sex offenders to register for life and eliminates the petition for relief by a sex offender.

do you support this bill?

Bill Details

Versions:
S1828
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §§168-h & 168-o, rpld §168-h sub 2, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S1336

Sponsor Memo

BILL NUMBER:S1828

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring sex offenders
to register for life and petitions for modification; and to repeal
subdivision 2 of section 168-h of such law relating to the duration of
registration and verification of certain sex offenders

PURPOSE:
This bill would require all sex offenders to register for
life. Eliminates the right of level 3 sex offenders classified as
such on or before March 11, 2002 to petition a court for relief from
the duty to register with the sex offender registry.

SUMMARY OF PROVISIONS:
Section 1- would amend Correction Law § 168-h (1) to delete references
to the registration period for certain sex offenders and provide that
all sex offenders must register for life.

Section 2 - would repeal subdivision 2 of section 168-h of the
Correction Law, thereby removing the provision authorizing a petition
for relief for certain offenders who are registered for 13 years
or longer.

Section 3 - would repeal subdivision 1 of Correction Law § 168-0
relating to a petition for relief; would renumber subdivision 2 of
Correction Law § 168-0 as subdivision 1; and would (1) renumber
subdivision 3 of Correction Law § 168-0 as subdivision 2; (2) amend
renumbered subdivision 2 to authorize a court in which an offender
has been convicted of a new offense to hear a petition to modify the
offender's risk level rather that just the court which determined the
risk level; (3) renumber subdivision 4 of Correction Law § 168-o as
subdivision 3; and (4) delete a reference to a petition filed
pursuant to subdivision 3 of § 168-o.

EXISTING LAW:
Chapter 11 of the laws of 2002 enacted amendments to the
Sex Offender Registration Act which require lifetime registration for
sexually violent offenders and recidivist sex offenders who receive
their first risk level assignment after March 11, 2002. These
offenders are not allowed to petition a court for an order relieving
them of the lifetime duty to register with the sex offender registry.
However, for those sex offenders classified on or before March 11,
2002 as a level 3 risk, the most serious risk level, there continues
to be a right for these offenders to petition the court to be
relieved of the duty to register after they have been on the registry
for a period of thirteen years.

JUSTIFICATION:
While some studies indicated that treatment may work for certain
offenders, other studies have less promising results. Additionally,
there is no guarantee that offenders will participate in treatment or
that the treatment provided is appropriate for that offender. Given
the fact that some offenders can never be rehabilitated and the
terrible damage inflicted by these repeat offenders, the protection


of the public dictates that offenders be required to register for
life. Those that demonstrate they are no longer at risk to reoffend
will continue to have the opportunity to petition a court for a
reduction in risk level and corresponding reduction in information
available through community notification.
Amendments enacted to the Sex Offender Registration Act by chapter 11
of the Laws of 2002 created lifetime registration for sexually
violent offenders and recidivist sex offenders who were first
classified as such after March 11, 2002. Additionally, these
offenders have no right to petition a court for relief of this
lifetime duty to register. These amendments were made in order to
comply with provisions of Federal Law.

The Federal Law requirements did not, however, include a requirement
that persons classified as high risk sex offenders before the
effective date of the amendments cannot petition for relief from the
duty to register during their lifetime. The result is that the most
dangerous of sex offenders who were given the level three risk
assessment on or before March 11, 2002 will still be able to petition
a court for an order relieving them of the duty of lifetime
registration after these offenders have been on the registry for a
period of thirteen years. Had these offenders been classified after
March 11, 2002 most would be unable to be relieved of their lifetime
registration obligation. This bill will enhance public safety by
insuring that those high risk level three sex offenders classified
before March 11, 2002 will not be able to petition the court for
relief from the duty to register during their lifetime.

LEGISLATIVE HISTORY:
2009/2010 - S.1336 Referred to Crime Victims, Crime and Correction
2007/2008 - S. 2460/A.7538 - Passed Senate,
Non-Controversial/Assembly Corrections
2006 - S.495/A.1135 - Senate Crime Victims, Crime and
Correction/Assembly Corrections
2005 - S.495-A/A.1135 - Passed Senate, Non-Controversial/Assembly
Corrections
2003/2004 - S.1019/A.6196 - Passed Senate/Assembly Corrections
2002 - S.6758 - Senate Crime & Corrections

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1828

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 13, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT to amend the correction law, in relation to requiring sex offen-
  ders to register for life  and  petitions  for  modification;  and  to
  repeal  subdivision  2  of  section  168-h of such law relating to the
  duration of registration and verification of certain sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 168-h of the correction law, as
amended by chapter 1 of the laws of 2006, is amended to read as follows:
  1. The duration of registration and verification for  a  sex  offender
[who  has  not  been designated a sexual predator, or a sexually violent
offender, or a predicate sex offender, and who is classified as a  level
one  risk,  or  who  has  not yet received a risk level classification,]
shall be annually for [a period of twenty years from the initial date of
registration] LIFE.
  S 2. Subdivision 2 of section 168-h of the correction law is REPEALED.
  S 3. Section 168-o of the correction law, as amended by chapter 453 of
the laws of 1999, subdivision 1 as amended by chapter 1 of the  laws  of
2006, subdivisions 2 and 3 as amended by chapter 11 of the laws of 2002,
is amended to read as follows:
  S  168-o.  Petition for [relief or] modification. 1. [Any sex offender
who is classified as a level two risk, and who has not been designated a
sexual predator, or a sexually violent  offender,  or  a  predicate  sex
offender, who is required to register or verify pursuant to this article
and  who has been registered for a minimum period of thirty years may be
relieved of any further duty to register upon the granting of a petition
for relief by the sentencing court or by the court which made the deter-
mination regarding duration of registration and level  of  notification.
The  sex offender shall bear the burden of proving by clear and convinc-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06169-01-1

S. 1828                             2

ing evidence that his or her risk of repeat offense and threat to public
safety is such that registration or verification is no longer necessary.
Such petition, if granted, shall not relieve the petitioner of the  duty
to  register  pursuant  to  this  article upon conviction of any offense
requiring registration in the future.  Such  a  petition  shall  not  be
considered  more  than  once  every two years. In the event that the sex
offender's petition for relief is granted,  the  district  attorney  may
appeal as of right from the order pursuant to the provisions of articles
fifty-five,  fifty-six  and  fifty-seven  of  the civil practice law and
rules. Where counsel has been assigned to  represent  the  sex  offender
upon  the  ground  that the sex offender is financially unable to retain
counsel, that assignment shall be continued throughout the  pendency  of
the appeal, and the person may appeal as a poor person pursuant to arti-
cle eighteen-B of the county law.
  2.]  Any  sex offender required to register or verify pursuant to this
article may petition the sentencing court or the court  which  made  the
determination regarding the level of notification for an order modifying
the  level  of  notification.  The petition shall set forth the level of
notification sought, together with the reasons for seeking such determi-
nation. The sex offender shall bear the  burden  of  proving  the  facts
supporting  the requested modification by clear and convincing evidence.
Such a petition shall not be considered more than annually. In the event
that the sex offender's petition to modify the level of notification  is
granted,  the  district  attorney  may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  [3.] 2. The district attorney may file a petition to modify the  level
of notification for a sex offender with the sentencing court or with the
court  which  made the determination regarding the level of notification
OR WITH ANY COURT IN WHICH THE SEX OFFENDER HAS BEEN CONVICTED OF A  NEW
CRIME,  where the sex offender (a) has been convicted of a new crime, or
there has been a determination after a proceeding  pursuant  to  section
410.70 of the criminal procedure law or section two hundred fifty-nine-i
of  the  executive  law  that  the sex offender has violated one or more
conditions imposed as part of a sentence  of  a  conditional  discharge,
probation,  parole  or  post-release supervision for a designated crime,
and (b) the conduct underlying the new crime or the violation  is  of  a
nature  that  indicates  an  increased risk of a repeat sex offense. The
petition shall set forth the level of notification sought, together with
the reasons for seeking such determination. The district attorney  shall
bear  the burden of proving the facts supporting the requested modifica-
tion, by clear and convincing evidence. In the event that  the  district
attorney's  petition is granted, the sex offender may appeal as of right
from the order, pursuant  to  the  provisions  of  articles  fifty-five,
fifty-six  and  fifty-seven  of  the civil practice law and rules. Where
counsel has been assigned to represent the offender upon the ground that
he or she is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
proceed  as  a poor person, pursuant to article eighteen-B of the county
law.

S. 1828                             3

  [4.] 3. Upon receipt of a petition submitted pursuant  to  subdivision
one[,] OR two [or three] of this section, the court shall forward a copy
of  the  petition  to  the  board  and request an updated recommendation
pertaining to the sex offender and shall provide a copy of the  petition
to  the  other party.  The court shall also advise the sex offender that
he or she has the right to be represented by counsel at the hearing  and
counsel  will  be appointed if he or she is financially unable to retain
counsel. A returnable form shall be enclosed in the  court's  notice  to
the  sex  offender on which the sex offender may apply for assignment of
counsel.  If the sex offender applies for assignment of counsel and  the
court  finds  that the offender is financially unable to retain counsel,
the court shall assign counsel to represent the  offender,  pursuant  to
article  eighteen-B of the county law. Where the petition was filed by a
district attorney, at least thirty  days  prior  to  making  an  updated
recommendation  the  board  shall notify the sex offender and his or her
counsel that the offender's case is  under  review  and  he  or  she  is
permitted to submit to the board any information relevant to the review.
The  board's  updated recommendation on the sex offender shall be confi-
dential and shall not be available for public inspection. After  receiv-
ing  an updated recommendation from the board concerning a sex offender,
the court shall, at least thirty days prior to ruling upon the petition,
provide a copy of the updated recommendation to the  sex  offender,  the
sex  offender's  counsel  and  the district attorney and notify them, in
writing, of the date set by the court for a  hearing  on  the  petition.
After reviewing the recommendation received from the board and any rele-
vant  materials  and  evidence  submitted  by  the  sex offender and the
district attorney, the court may grant or deny the petition.  The  court
may  also consult with the victim prior to making a determination on the
petition. The court shall render an order  setting  forth  its  determi-
nation,  and  the  findings  of fact and conclusions of law on which the
determination is based. If the petition is  granted,  it  shall  be  the
obligation  of  the court to submit a copy of its order to the division.
Upon application of either party, the court shall seal  any  portion  of
the  court  file  or record which contains material that is confidential
under any state or federal statute.
  S 4. This act shall take effect immediately, and shall  apply  to  sex
offenders  required to be registered immediately prior to such effective
date and to all sex offenders required to be registered on or after such
effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.