senate Bill S3138A

2013-2014 Legislative Session

Relates to sex offender risk assessment instruments

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2014 print number 3138a
amend and recommit to crime victims, crime and correction
Jan 08, 2014 referred to crime victims, crime and correction
Jan 30, 2013 referred to crime victims, crime and correction

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3138 - Details

See Assembly Version of this Bill:
A4591A
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S7080, A9258

S3138 - Summary

Relates to sex offender risk assessment instruments.

S3138 - Sponsor Memo

S3138 - Bill Text download pdf

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

                                  3138

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens. KRUEGER, RIVERA -- 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,

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

Co-Sponsors

S3138A (ACTIVE) - Details

See Assembly Version of this Bill:
A4591A
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in 2011-2012 Legislative Session:
S7080, A9258

S3138A (ACTIVE) - Summary

Relates to sex offender risk assessment instruments.

S3138A (ACTIVE) - Sponsor Memo

S3138A (ACTIVE) - Bill Text download pdf

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

                                 3138--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sens. KRUEGER, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime and Correction -- recommitted to the Committee on Crime Victims,
  Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00904-03-4

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