2006 New York Code - Board Of Examiners Of Sex Offenders.



 
    §  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. Three members who shall  be  experts  in  the
  field  of the behavior and treatment of sex offenders shall be employees
  of the division of parole and the remaining two members  shall  be  from
  the department. 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
  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 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 pursuant to this article.
    (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,
  approximate  address  based  on  sex  offender's  zip  code,  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.
    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.


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