assembly Bill A4591A

2013-2014 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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2014 reported referred to rules
May 19, 2014 print number 4591a
May 19, 2014 amend and recommit to correction
Jan 08, 2014 referred to correction
Jun 04, 2013 reported referred to rules
May 21, 2013 reported referred to codes
Feb 06, 2013 referred to correction

Co-Sponsors

Multi-Sponsors

A4591 - Details

See Senate Version of this Bill:
S3138
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:
2011-2012: A9258, S7080
2015-2016: A2190, S3097
2017-2018: A1906, S3711
2019-2020: A7509, S4191
2021-2022: S3096

A4591 - Summary

Relates to sex offender risk assessment instruments.

A4591 - Bill Text download pdf

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

                                  4591

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced by M. of A. O'DONNELL, 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

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00904-01-3

Co-Sponsors

Multi-Sponsors

A4591A (ACTIVE) - Details

See Senate Version of this Bill:
S3138
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:
2011-2012: A9258, S7080
2015-2016: A2190, S3097
2017-2018: A1906, S3711
2019-2020: A7509, S4191
2021-2022: S3096

A4591A (ACTIVE) - Summary

Relates to sex offender risk assessment instruments.

A4591A (ACTIVE) - Bill Text download pdf

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

                                 4591--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2013
                               ___________

Introduced  by  M. of A. O'DONNELL, AUBRY -- Multi-Sponsored by -- M. of
  A. PERRY -- read once and referred to the Committee on  Correction  --
  recommitted to the Committee on Correction in accordance with Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00904-02-4