Requires all sex offenders to register for life and eliminates the petition for relief by a sex offender; repealer

Section 2 - would repeal subdivision 2 of section 168-h of the Correction Law, thereby removing the provision authorizing a petition for relief for certain offenders who are registered for 13 years of longer.

Section 3 - would repeal subdivision 1 of Correction Law § 168-o relating to a petition for relief; would renumber subdivision 2 of Correction Law § 168-o as subdivision 1; and would (1) renumber subdivision 3 of Correction Law § 168-o as subdivision 2; (2) amend renumbered subdivision 2 to authorize a court in which an offender has been convicted of a new offense to hear a petition to modify the offender's risk level rather that just the court which determined the risk level; (3) renumber subdivision 4 of Correction Law § 168-o as subdivision 3; and (4) delete a reference to a petition filed pursuant to subdivision 3 of § 168-o.

Existing law

Chapter 11 of the laws of 2002 enacted amendments to the Sex Offender Registration Act which require lifetime registration for sexually violent offenders and recidivist sex offenders who receive their first risk level assignment after March 11, 2002. These offenders are not allowed to petition a court for an order relieving them of the lifetime duty to register with the sex offender registry. However, for those sex offenders classified on or before March 11, 2002 as a level 3 risk, the most serious risk level, there continues to be a right for these offenders to petition the court to be relieved of the duty to register after they have been on the registry for a period of thirteen years.

Justification

While some studies indicated that treatment may work for certain offenders, other studies have less promising results. Additionally, there is no guarantee that offenders will participate in treatment or that the treatment provided is appropriate for that offender. Given the fact that some offenders can never be rehabilitated and the terrible damage inflicted by these repeat offenders, the protection of the public dictates that offenders be required to register for life. Those that demonstrate they are no longer at risk to reoffend will continue to have the opportunity to petition a court for a reduction in risk level and corresponding reduction in information available through community notification. Amendments enacted to the Sex Offender Registration Act by chapter II of the Laws of 2002 created lifetime registration for sexually violent offenders and recidivist sex offenders who were first classified as such after March 11, 2002. Additionally, these offenders have no right to petition a court for

relief of this lifetime duty to register. These amendments were made in order to comply with provisions of Federal Law.

The Federal Law requirements did not, however, include a requirement that persons classified as high risk sex offenders before the effective date of the amendments cannot petition for relief from the duty to register during their lifetime. The result is that the most dangerous of sex offenders who were given the level three risk assessment on or before March 11, 2002 will still be able to petition a court for an order relieving them of the duty of lifetime registration after these offenders have been on the registry for a period of thirteen years. Had these offenders been classified after March 11, 2002 most would be unable to be relieved of their lifetime registration obligation. This bill will enhance public safety by insuring that those high risk level three sex offenders classified before March 11, 2002 will not be able to petition the court for relief from the duty to register during their lifetime.

Legislative history

2007/2008 - S.2460/A.7538 - Passed Senate, Non-Controversial/Assembly Corrections 2006 - S.495/A.1135 - Senate Crime Victims, Crime and Correction/Assembly Corrections 2005 - S.495-A/A.1135 - Passed Senate, Non-Controversial/Assembly Corrections 2003/2004 - S.1019/ A.6196 - Passed Senate/Assembly Corrections 2002 - S.6758 - Senate Crime & Corrections

Fiscal implications

None.

Effective date

This act shall take effect immediately.