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Sponsors
1 Co-sponsor
History
- Referred to correction
- Delivered to assembly
- Passed senateVote 59–0
- Ordered to third reading cal.1304
- Committee discharged and committed to rules
- Notice of committee consideration - requested
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 61–1
Show 4 earlier actions
- Ordered to third reading cal.1530
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the timing of risk level determination hearings for certain convicted sex offenders
In Assembly Committee · Correction · Sponsor Michael G. Miller
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5189
Title of bill
An act to amend the correction law, in relation to risk level determination hearings for convicted sex offenders
Purpose or general idea of bill
This bill will require that notice of a risk level determination hearing for convicted sex offenders be given to the sex offender and district attorney within five days of the conviction for any sex offender, who is expected to be, upon sentencing, released on probation or discharge upon payment of a fine, conditional discharge or unconditional discharge and the risk level determination hearing must be held within 20 days of this notice and prior to sentencing.
Summary of provisions
Section 1 of the bill amends subdivision 2 and 3 of section 168-d of the correction law, subdivision 2 as amended by chapter 684 of the laws of 2005 and subdivision 3 as amended by chapter 11 of the laws of 2002, by adding that within five day of the conviction of any sex offender, who is expected to be, upon sentencing, released on probation or discharge upon payment of a fine, conditional discharge or unconditional discharge and requires that the risk level determination hearing must be held within 20 days of this notice and or prior to sentencing.
Section 2 sets forth an immediate effective date.
Justification
Current law requires that the risk level determination hearing for convicted sex offenders to take place at least 45 days after notice is given. Unfortunately, this permissive section of the corrections law has resulted in sex offenders being released from probation or discharged upon payment of a fine, conditional discharge or unconditional discharge without a risk level determination hearing having taken place.
Given the seriousness of sex offenses, risk level assessment hearings of convicted sex offenders should take place within a very short period of time after conviction and should be prior to sentencing so that the requirements of the Sex Offender Registration Act are in place and being implemented as soon as possible to protect the public.
Prior legislative history
New Bill
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.