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This entry was published on 2014-09-22
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SECTION 168-L
Board of examiners of sex offenders
Correction (COR) CHAPTER 43, ARTICLE 6-C
§ 168-l. Board of examiners of sex offenders. 1. There shall be a
board of examiners of sex offenders which shall possess the powers and
duties hereinafter specified. Such board shall consist of five members
appointed by the governor. All members shall be employees of the
department and shall be experts in the field of the behavior and
treatment of sex offenders. The term of office of each member of such
board shall be for six years; provided, however, that any member chosen
to fill a vacancy occurring otherwise than by expiration of term shall
be appointed for the remainder of the unexpired term of the member whom
he or she is to succeed. In the event of the inability to act of any
member, the governor may appoint some competent informed person to act
in his or her stead during the continuance of such disability.

2. The governor shall designate one of the members of the board as
chairman to serve in such capacity at the pleasure of the governor or
until the member's term of office expires and a successor is designated
in accordance with law, whichever first occurs.

3. Any member of the board may be removed by the governor for cause
after an opportunity to be heard.

4. Except as otherwise provided by law, a majority of the board shall
constitute a quorum for the transaction of all business of the board.

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) conditions of release that minimize risk or re-offense, including
but not limited to whether the sex offender is under supervision;
receiving counseling, therapy or treatment; or residing in a home
situation that provides guidance and supervision;

(d) physical conditions that minimize risk of re-offense, including
but not limited to advanced age or debilitating illness;

(e) whether psychological or psychiatric profiles indicate a risk of
recidivism;

(f) the sex offender's response to treatment;

(g) recent behavior, including behavior while confined;

(h) recent threats or gestures against persons or expressions of
intent to commit additional offenses; and

(i) review of any victim impact statement.

6. Applying these guidelines, the board shall within sixty calendar
days prior to the discharge, parole, release to post-release supervision
or release of a sex offender make a recommendation which shall be
confidential and shall not be available for public inspection, to the
sentencing court as to whether such sex offender warrants the
designation of sexual predator, sexually violent offender, or predicate
sex offender as defined in subdivision seven of section one hundred
sixty-eight-a of this article. In addition, the guidelines shall be
applied by the board to make a recommendation to the sentencing court
which shall be confidential and shall not be available for public
inspection, providing for one of the following three levels of
notification depending upon the degree of the risk of re-offense by the
sex offender.

(a) If the risk of repeat offense is low, a level one designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information which may
include a photograph and description of the offender and which may
include the name of the sex offender, approximate address based on sex
offender's zip code, background information including the offender's
crime of conviction, modus of operation, type of victim targeted, the
name and address of any institution of higher education at which the sex
offender is enrolled, attends, is employed or resides and the
description of special conditions imposed on the offender to any entity
with vulnerable populations related to the nature of the offense
committed by such sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion.

(b) If the risk of repeat offense is moderate, a level two designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information which shall
include a photograph and description of the offender and which may
include the exact name and any aliases used by the sex offender, exact
address, background information including the offender's crime of
conviction, mode of operation, type of victim targeted, the name and
address of any institution of higher education at which the sex offender
is enrolled, attends, is employed or resides and the description of
special conditions imposed on the offender to any entity with vulnerable
populations related to the nature of the offense committed by such sex
offender. Any entity receiving information on a sex offender may
disclose or further disseminate such information at its discretion. In
addition, in such case, the information described herein shall also be
provided in the subdirectory established in this article and
notwithstanding any other provision of law, such information shall, upon
request, be made available to the public.

Such law enforcement agencies shall compile, maintain and update a
listing of vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level two sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to:
superintendents of schools or chief school administrators,
superintendents of parks, public and private libraries, public and
private school bus transportation companies, day care centers, nursery
schools, pre-schools, neighborhood watch groups, community centers,
civic associations, nursing homes, victim's advocacy groups and places
of worship.

(c) If the risk of repeat offense is high and there exists a threat to
the public safety a level three designation shall be given to such sex
offender. In such case, the law enforcement agency or agencies having
jurisdiction and the law enforcement agency or agencies having had
jurisdiction at the time of his or her conviction shall be notified and
may disseminate relevant information which shall include a photograph
and description of the offender and which may include the sex offender's
exact name and any aliases used by the offender, exact address, address
of the offender's place of employment, background information including
the offender's crime of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides and
the description of special conditions imposed on the offender to any
entity with vulnerable populations related to the nature of the offense
committed by such sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion. In addition, in such case, the information described herein
shall also be provided in the subdirectory established in this article
and notwithstanding any other provision of law, such information shall,
upon request, be made available to the public.

Such law enforcement agencies shall compile, maintain and update a
listing of vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level three sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to:
superintendents of schools or chief school administrators,
superintendents of parks, public and private libraries, public and
private school bus transportation companies, day care centers, nursery
schools, pre-schools, neighborhood watch groups, community centers,
civic associations, nursing homes, victim's advocacy groups and places
of worship.

7. Upon request by the court, pursuant to section one hundred
sixty-eight-o of this article, the board shall provide an updated report
pertaining to the sex offender petitioning for relief of the duty to
register or for a modification of his or her level of notification.

8. A failure by a state or local agency or the board to act or by a
court to render a determination within the time period specified in this
article shall not affect the obligation of the sex offender to register
or verify under this article nor shall such failure prevent a court from
making a determination regarding the sex offender's level of
notification and whether such offender is required by law to be
registered for a period of twenty years or for life. Where a court is
unable to make a determination prior to the date scheduled for a sex
offender's discharge, parole, release to post-release supervision or
release, it shall adjourn the hearing until after the offender is
discharged, paroled, released to post-release supervision or released,
and shall then expeditiously complete the hearing and issue its
determination.