N.Y. Correction Law § 168-l: 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. All members shall be employees of the

department and shall be experts in the field of the behavior and

treatment of sex offenders. 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 or she 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 or her 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 and may disseminate relevant information which may

include a photograph and description of the offender and which may

include the name of the sex offender, approximate address based on sex

offender's zip code, background information including the offender's

crime of conviction, modus 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.

(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, exact

address, 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 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.