Assembly Bill A9258

2011-2012 Legislative Session

Relates to sex offender risk assessment instruments

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A9258 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Rules
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4591, S3138
2015-2016: A2190, S3097
2017-2018: A1906, S3711
2019-2020: A7509, S4191
2021-2022: S3096
2023-2024: S4451

2011-A9258 (ACTIVE) - Summary

Relates to sex offender assessment instruments.

2011-A9258 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                          I N  A S S E M B L Y

                            February 9, 2012

Introduced  by M. of A. AUBRY -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction  law,  in  relation  to  risk  assessment
  instruments for sex offenders


  Section 1. Subdivision 3 of section 168-d of the  correction  law,  as
amended  by  chapter  11  of  the  laws  of  2002, is amended to read as
  3. For sex offenders released on probation or discharged upon  payment
of a fine, conditional discharge or unconditional discharge, it shall be
the  duty  of  the  court  applying  the  guidelines AND RISK ASSESSMENT
INSTRUMENT established  in  subdivision  five  of  section  one  hundred
sixty-eight-l  of  this  article  to determine the level of notification
pursuant to subdivision six of section one hundred sixty-eight-l of this
article and whether such sex offender shall be designated a sexual pred-
ator, sexually violent offender, or predicate sex offender as defined in
subdivision seven of section one hundred sixty-eight-a of this  article.
At  least  fifteen  days  prior  to  the  determination  proceeding, the
district attorney shall provide to the court  and  the  sex  offender  a
written  statement  setting  forth  the  determinations  sought  by  the
district attorney together with the reasons for  seeking  such  determi-
nations.  The court shall allow the sex offender to appear and be heard.
The state shall appear by the district attorney, or his or her designee,
who shall bear the burden of proving the facts supporting  the  determi-
nations  sought  by  clear  and  convincing evidence.   Where there is a
dispute between the parties concerning  the  determinations,  the  court
shall adjourn the hearing as necessary to permit the sex offender or the
district  attorney  to  obtain  materials relevant to the determinations
from any state or local facility, hospital, institution, office, agency,
department or division. Such materials may be obtained  by  subpoena  if
not voluntarily provided to the requesting party. In making the determi-
nations,  the court shall review any victim's statement and any relevant
materials and evidence submitted by the sex offender  and  the  district

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


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