|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 27, 2012||referred to crime victims, crime and correction|
senate Bill S7080
Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7080 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Crime Victims, Crime And Correction
- 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: S3138, A4591
2015-2016: S3097, A2190
2017-2018: S3711, A1906
2019-2020: S4191, A7509
S7080 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7080 TITLE OF BILL: An act to amend the correction law, in relation to risk assessment instruments for sex offenders PURPOSE: To update the guidelines of the sex offender risk assessment instrument and require use of a validated instrument. SUMMARY OF PROVISIONS: Section 1 makes a technical amendment to section 168-d of the correction law requiring the application of a risk assessment instrument. Section 2 makes the same technical amendment to section 168-k of the correction law in requiring the application of a risk assessment instru- ment. Section 3 amends subdivisions 5 and 6 and adds a new subdivision 5-a of section 168-1 of the correction law requiring the board of examiners of sex offenders to use a validated risk assessment instrument subjected to periodic empirical re-validation. Section 4 makes the same technical amendment to subdivisions 1 and 2 of section 168-n of the correction law requiring the application of a risk assessment instrument.
S7080 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7080 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 Correction AN ACT to amend the correction law, in relation to risk assessment instruments for sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 follows: 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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