S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1187
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03491-01-7
              

 A. 1187                             2

   (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;
   [(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.
   § 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.
   § 3. This act shall take effect immediately.