Bill S1828-2011

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

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

Details

Actions

  • May 7, 2012: referred to codes
  • May 7, 2012: DELIVERED TO ASSEMBLY
  • May 7, 2012: PASSED SENATE
  • Mar 22, 2012: ADVANCED TO THIRD READING
  • Mar 21, 2012: 2ND REPORT CAL.
  • Mar 20, 2012: 1ST REPORT CAL.433
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jun 24, 2011: COMMITTED TO RULES
  • Jun 7, 2011: ADVANCED TO THIRD READING
  • Jun 6, 2011: 2ND REPORT CAL.
  • Jun 2, 2011: 1ST REPORT CAL.979
  • Jan 13, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Jun 2, 2011
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Kennedy
Ayes W/R (1): Peralta
Nays (2): Rivera, Montgomery
Excused (1): Kruger
VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 20, 2012
Ayes (9): Nozzolio, DeFrancisco, Gallivan, Griffo, Maziarz, Ranzenhofer, Ritchie, Kennedy, Espaillat
Ayes W/R (2): Little, Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery

Memo

BILL NUMBER:S1828

TITLE OF BILL: An act to amend the correction law, in relation to requiring sex offenders to register for life and petitions for modification; and to repeal subdivision 2 of section 168-h of such law relating to the duration of registration and verification of certain sex offenders

PURPOSE: This bill would require all sex offenders to register for life. Eliminates the right of level 3 sex offenders classified as such on or before March 11, 2002 to petition a court for relief from the duty to register with the sex offender registry.

SUMMARY OF PROVISIONS: Section 1- would amend Correction Law § 168-h (1) to delete references to the registration period for certain sex offenders and provide that all sex offenders must register for life.

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 or longer.

Section 3 - would repeal subdivision 1 of Correction Law § 168-0 relating to a petition for relief; would renumber subdivision 2 of Correction Law § 168-0 as subdivision 1; and would (1) renumber subdivision 3 of Correction Law § 168-0 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 11 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: 2009/2010 - S.1336 Referred to Crime Victims, Crime and Correction 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, with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 1828 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the correction law, in relation to requiring sex offen- ders to register for life and petitions for modification; and to repeal subdivision 2 of section 168-h of such law relating to the duration of registration and verification of certain sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 168-h of the correction law, as amended by chapter 1 of the laws of 2006, is amended to read as follows: 1. The duration of registration and verification for a sex offender [who has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, and who is classified as a level one risk, or who has not yet received a risk level classification,] shall be annually for [a period of twenty years from the initial date of registration] LIFE. S 2. Subdivision 2 of section 168-h of the correction law is REPEALED. S 3. Section 168-o of the correction law, as amended by chapter 453 of the laws of 1999, subdivision 1 as amended by chapter 1 of the laws of 2006, subdivisions 2 and 3 as amended by chapter 11 of the laws of 2002, is amended to read as follows: S 168-o. Petition for [relief or] modification. 1. [Any sex offender who is classified as a level two risk, and who has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, who is required to register or verify pursuant to this article and who has been registered for a minimum period of thirty years may be relieved of any further duty to register upon the granting of a petition for relief by the sentencing court or by the court which made the deter- mination regarding duration of registration and level of notification. The sex offender shall bear the burden of proving by clear and convinc-
ing evidence that his or her risk of repeat offense and threat to public safety is such that registration or verification is no longer necessary. Such petition, if granted, shall not relieve the petitioner of the duty to register pursuant to this article upon conviction of any offense requiring registration in the future. Such a petition shall not be considered more than once every two years. In the event that the sex offender's petition for relief is granted, the district attorney may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty-seven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to arti- cle eighteen-B of the county law. 2.]
Any sex offender required to register or verify pursuant to this article may petition the sentencing court or the court which made the determination regarding the level of notification for an order modifying the level of notification. The petition shall set forth the level of notification sought, together with the reasons for seeking such determi- nation. The sex offender shall bear the burden of proving the facts supporting the requested modification by clear and convincing evidence. Such a petition shall not be considered more than annually. In the event that the sex offender's petition to modify the level of notification is granted, the district attorney may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty- seven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law. [3.] 2. The district attorney may file a petition to modify the level of notification for a sex offender with the sentencing court or with the court which made the determination regarding the level of notification OR WITH ANY COURT IN WHICH THE SEX OFFENDER HAS BEEN CONVICTED OF A NEW CRIME, where the sex offender (a) has been convicted of a new crime, or there has been a determination after a proceeding pursuant to section 410.70 of the criminal procedure law or section two hundred fifty-nine-i of the executive law that the sex offender has violated one or more conditions imposed as part of a sentence of a conditional discharge, probation, parole or post-release supervision for a designated crime, and (b) the conduct underlying the new crime or the violation is of a nature that indicates an increased risk of a repeat sex offense. The petition shall set forth the level of notification sought, together with the reasons for seeking such determination. The district attorney shall bear the burden of proving the facts supporting the requested modifica- tion, by clear and convincing evidence. In the event that the district attorney's petition is granted, the sex offender may appeal as of right from the order, pursuant to the provisions of articles fifty-five, fifty-six and fifty-seven of the civil practice law and rules. Where counsel has been assigned to represent the offender upon the ground that he or she is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may proceed as a poor person, pursuant to article eighteen-B of the county law.
[4.] 3. Upon receipt of a petition submitted pursuant to subdivision one[,] OR two [or three] of this section, the court shall forward a copy of the petition to the board and request an updated recommendation pertaining to the sex offender and shall provide a copy of the petition to the other party. The court shall also advise the sex offender that he or she has the right to be represented by counsel at the hearing and counsel will be appointed if he or she is financially unable to retain counsel. A returnable form shall be enclosed in the court's notice to the sex offender on which the sex offender may apply for assignment of counsel. If the sex offender applies for assignment of counsel and the court finds that the offender is financially unable to retain counsel, the court shall assign counsel to represent the offender, pursuant to article eighteen-B of the county law. Where the petition was filed by a district attorney, at least thirty days prior to making an updated recommendation the board shall notify the sex offender and his or her counsel that the offender's case is under review and he or she is permitted to submit to the board any information relevant to the review. The board's updated recommendation on the sex offender shall be confi- dential and shall not be available for public inspection. After receiv- ing an updated recommendation from the board concerning a sex offender, the court shall, at least thirty days prior to ruling upon the petition, provide a copy of the updated recommendation to the sex offender, the sex offender's counsel and the district attorney and notify them, in writing, of the date set by the court for a hearing on the petition. After reviewing the recommendation received from the board and any rele- vant materials and evidence submitted by the sex offender and the district attorney, the court may grant or deny the petition. The court may also consult with the victim prior to making a determination on the petition. The court shall render an order setting forth its determi- nation, and the findings of fact and conclusions of law on which the determination is based. If the petition is granted, it shall be the obligation of the court to submit a copy of its order to the division. Upon application of either party, the court shall seal any portion of the court file or record which contains material that is confidential under any state or federal statute. S 4. This act shall take effect immediately, and shall apply to sex offenders required to be registered immediately prior to such effective date and to all sex offenders required to be registered on or after such effective date.

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