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History
- Referred to correction
- Delivered to assembly
- Passed senateVote 61–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.197
- Referred to crime victims, crime and correction
- Returned to senate
- Died in assembly
- Referred to correction
- Delivered to assembly
- Passed senateVote 59–0
Show 3 earlier actions
- Ordered to third reading cal.72
- Committee discharged and committed to rules
- 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 Simanowitz
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Read the full memo (687 words)
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
2013-2014, S.323/A.609 (Miller) 2011-12, S.5189/A.7949 (Miller)
Fiscal implications for state and local governments
This bill has a neutral fiscal impact to the State. The registration timeline posted by the Division of Criminal Justice Services affirms that by law risk level/designation hearings are scheduled and must occur at least 45 days after sentencing. The Division affirms that parties often agree to the risk level/designation at sentencing.
This legislation aims to expedite the risk level/designation hearing process by shortening the statutory time frame in which a hearing must be held from 45 to 20 days in after sentencing.
This bill does not have a fiscal impact to the State because as noted by DCJS -risk level/designation is usually agreed upon and set at sentencing without the need to conduct a hearing.
The following statistics demonstrate the actual population of offenders impacted by this proposed legislation:
According to statistics posted by Division of Criminal Justice Services on its website, there are currently an estimated 801 sex offenders pending risk level determinations statewide. This number includes about 185 offenders which are in the process of being deported. This number drops to approximately 140 sex offenders that are pending a risk level determination in NYC only. There are about 100 sex offenders that are incarcerated in both local jails and state correctional facilities. This is a very small number of offenders that can be extrapolated to forecast future convictions impacted by this legislation.
Therefore, this bill is fiscally neutral to the State. The change promulgated in this bill would necessitate an assessment of the ability of the current staffing allocations to effectively implement the change. The fact that in a majority of all cases, these determinations are agreed to prior to or upon sentencing accounts for the small number that would be covered by this change. It is therefore clear by the analysis of the statistics and from the information provided by DCJS that the implementation of this statutory change can be easily accomplished within the resources available and would not require additional resources.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.