Assembly Bill A9533

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

                                  9533

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
  Committee on Correction

AN ACT to amend the correction law and the criminal  procedure  law,  in
  relation  to  the  use  of  youthful  offender adjudications in making
  recommendations for the supervision of sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  5 of section 168-l of the correction law, as
added by chapter 192 of the laws of 1995 and subparagraph (i)  of  para-
graph  (a)  as  amended by chapter 11 of the laws of 2002, is amended to
read as follows:
  5. The board shall develop guidelines and  procedures  to  assess  the
risk  of  a  repeat offense by such sex offender and the threat posed to
the public safety. Such guidelines shall be based upon, but not  limited
to, the following:
  (a)  criminal  history  factors  indicative  of  high  risk  of repeat
offense, including:
  (i) whether the sex offender has a mental abnormality  or  personality
disorder  that  makes  him or her likely to engage in predatory sexually
violent offenses;
  (ii) whether the sex offender's conduct was found to be  characterized
by repetitive and compulsive behavior, associated with drugs or alcohol;
  (iii) whether the sex offender served the maximum term;
  (iv) whether the sex offender committed the felony sex offense against
a child;
  (v)  the  age of the sex offender at the time of the commission of the
first sex offense;
  (b) other criminal history factors to  be  considered  in  determining
risk, including:
  (i) the relationship between such sex offender and the victim;
  (ii)  whether  the  offense  involved the use of a weapon, violence or
infliction of serious bodily injury;
  (iii) the number, date and nature of prior offenses;
  (C) YOUTHFUL OFFENDER ADJUDICATION RECORDS;

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

                                                           LBD14612-02-6

A. 9533                             2

  [(c)] (D) conditions of release that minimize risk [or] OF re-offense,
including but not limited to whether the sex offender  is  under  super-
vision;  receiving  counseling,  therapy  or treatment; or residing in a
home situation that provides guidance and supervision;
  [(d)]  (E)  physical  conditions  that  minimize  risk  of re-offense,
including but not limited to advanced age or debilitating illness;
  [(e)] (F) whether psychological or  psychiatric  profiles  indicate  a
risk of recidivism;
  [(f)] (G) the sex offender's response to treatment;
  [(g)] (H) recent behavior, including behavior while confined;
  [(h)] (I) recent threats or gestures against persons or expressions of
intent to commit additional offenses; and
  [(i)] (J) review of any victim impact statement.
  S 2. Subdivision 1 of section 720.35 of the criminal procedure law, as
amended  by chapter 402 of the laws of 2014, is amended and a new subdi-
vision 5 is added to read as follows:
  1. A youthful offender adjudication is not a  judgment  of  conviction
for  a  crime  or any other offense, and does not operate as a disquali-
fication of any person so adjudged  to  hold  public  office  or  public
employment  or  to  receive  any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and  custody  pursuant  to  section  two  hundred  [fifty-nine-m]
FIFTY-NINE-MM  of  the  executive  law.  A defendant for whom a youthful
offender adjudication was substituted, who was originally  charged  with
prostitution  as defined in section 230.00 of the penal law or loitering
for the purposes of  prostitution  as  defined  in  subdivision  two  of
section  240.37 of the penal law provided that the person does not stand
charged with loitering for the purpose of patronizing a prostitute,  for
an  offense  allegedly committed when he or she was sixteen or seventeen
years of age, shall be deemed a "sexually exploited child" as defined in
subdivision one of section four  hundred  forty-seven-a  of  the  social
services law and therefore shall not be considered an adult for purposes
related to the charges in the youthful offender proceeding or a proceed-
ing under section 170.80 of this chapter.
  5.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A PERSON
IS ADJUDICATED A YOUTHFUL OFFENDER, ALL RECORDS PERTAINING TO THE YOUTH-
FUL OFFENDER ADJUDICATION SHALL BE INCLUDED IN THOSE RECORDS AND REPORTS
THAT MAY BE OBTAINED AND UTILIZED BY  THE  BOARD  OF  EXAMINERS  OF  SEX
OFFENDERS  IN  ASSESSING  AN  OFFENDER'S  RISK  OF  A REPEAT OFFENSE, AS
PROVIDED BY SECTION ONE HUNDRED SIXTY-EIGHT-L OF THE CORRECTION LAW.
  S 3. This act shall take effect immediately.