senate Bill S7080

2011-2012 Legislative Session

Relates to sex offender risk assessment instruments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 27, 2012 referred to crime victims, crime and correction


S7080 (ACTIVE) - Details

See Assembly Version of this Bill:
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in Other Legislative Sessions:
2013-2014: S3138, A4591
2015-2016: S3097, A2190
2017-2018: S3711, A1906
2019-2020: S4191, A7509
2021-2022: S3096

S7080 (ACTIVE) - Summary

Relates to sex offender assessment instruments.

S7080 (ACTIVE) - Sponsor Memo

S7080 (ACTIVE) - Bill Text download pdf

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


                            I N  S E N A T E

                             April 27, 2012

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

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
attorney and the court may consider reliable hearsay evidence  submitted
by  either  party  provided  that  it is relevant to the determinations.


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