assembly Bill A2190

2015-2016 Legislative Session

Relates to sex offender risk assessment instruments

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 ordered to third reading cal.105
returned to assembly
died in senate
Jun 11, 2015 referred to crime victims, crime and correction
delivered to senate
passed assembly
Jun 10, 2015 ordered to third reading rules cal.213
rules report cal.213
reported
Jun 08, 2015 reported referred to rules
Jun 02, 2015 reported referred to codes
Jan 15, 2015 referred to correction

Co-Sponsors

Multi-Sponsors

A2190 (ACTIVE) - Details

See Senate Version of this Bill:
S3097
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9258, S7080
2013-2014: A4591, S3138
2017-2018: A1906, S3711
2019-2020: A7509, S4191
2021-2022: S3096

A2190 (ACTIVE) - Summary

Relates to sex offender risk assessment instruments.

A2190 (ACTIVE) - Bill Text download pdf

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

                                  2190

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by  M. of A. O'DONNELL, AUBRY -- Multi-Sponsored by -- M. of
  A. PERRY -- 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.
                                                           LBD04709-01-5