§ 168-L — Board of examiners of sex offenders

§ 168-l. Board of examiners of sex offenders. 1. There shall be a\nboard of examiners of sex offenders which shall possess the powers and\nduties hereinafter specified. Such board shall consist of five members\nappointed by the governor. All members shall be employees of the\ndepartment and shall be experts in the field of the behavior and\ntreatment of sex offenders. The term of office of each member of such\nboard shall be for six years; provided, however, that any member chosen\nto fill a vacancy occurring otherwise than by expiration of term shall\nbe appointed for the remainder of the unexpired term of the member whom\nhe or she is to succeed. In the event of the inability to act of any\nmember, the governor may appoint some competent informed person to act\nin his or her stead during the continuance of such disability.\n 2. The governor shall designate one of the members of the board as\nchairman to serve in such capacity at the pleasure of the governor or\nuntil the member's term of office expires and a successor is designated\nin accordance with law, whichever first occurs.\n 3. Any member of the board may be removed by the governor for cause\nafter an opportunity to be heard.\n 4. Except as otherwise provided by law, a majority of the board shall\nconstitute a quorum for the transaction of all business of the board.\n 5. The board shall develop guidelines and procedures to assess the\nrisk of a repeat offense by such sex offender and the threat posed to\nthe public safety. Such guidelines shall be based upon, but not limited\nto, the following:\n (a) criminal history factors indicative of high risk of repeat\noffense, including:\n (i) whether the sex offender has a mental abnormality or personality\ndisorder that makes him or her likely to engage in predatory sexually\nviolent offenses;\n (ii) whether the sex offender's conduct was found to be characterized\nby repetitive and compulsive behavior, associated with drugs or alcohol;\n (iii) whether the sex offender served the maximum term;\n (iv) whether the sex offender committed the felony sex offense against\na child;\n (v) the age of the sex offender at the time of the commission of the\nfirst sex offense;\n (b) other criminal history factors to be considered in determining\nrisk, including:\n (i) the relationship between such sex offender and the victim;\n (ii) whether the offense involved the use of a weapon, violence or\ninfliction of serious bodily injury;\n (iii) the number, date and nature of prior offenses;\n (c) conditions of release that minimize risk or re-offense, including\nbut not limited to whether the sex offender is under supervision;\nreceiving counseling, therapy or treatment; or residing in a home\nsituation that provides guidance and supervision;\n (d) physical conditions that minimize risk of re-offense, including\nbut not limited to advanced age or debilitating illness;\n (e) whether psychological or psychiatric profiles indicate a risk of\nrecidivism;\n (f) the sex offender's response to treatment;\n (g) recent behavior, including behavior while confined;\n (h) recent threats or gestures against persons or expressions of\nintent to commit additional offenses; and\n (i) review of any victim impact statement.\n 6. Applying these guidelines, the board shall within sixty calendar\ndays prior to the discharge, parole, release to post-release supervision\nor release of a sex offender make a recommendation which shall be\nconfidential and shall not be available for public inspection, to the\nsentencing court as to whether such sex offender warrants the\ndesignation of sexual predator, sexually violent offender, or predicate\nsex offender as defined in subdivision seven of section one hundred\nsixty-eight-a of this article. In addition, the guidelines shall be\napplied by the board to make a recommendation to the sentencing court\nwhich shall be confidential and shall not be available for public\ninspection, providing for one of the following three levels of\nnotification depending upon the degree of the risk of re-offense by the\nsex offender.\n (a) If the risk of repeat offense is low, a level one designation\nshall be given to such sex offender. In such case the law enforcement\nagency or agencies having jurisdiction and the law enforcement agency or\nagencies having had jurisdiction at the time of his or her conviction\nshall be notified and may disseminate relevant information which may\ninclude a photograph and description of the offender and which may\ninclude the name of the sex offender, approximate address based on sex\noffender's zip code, background information including the offender's\ncrime of conviction, modus of operation, type of victim targeted, the\nname and address of any institution of higher education at which the sex\noffender is enrolled, attends, is employed or resides and the\ndescription of special conditions imposed on the offender to any entity\nwith vulnerable populations related to the nature of the offense\ncommitted by such sex offender. Any entity receiving information on a\nsex offender may disclose or further disseminate such information at its\ndiscretion.\n (b) If the risk of repeat offense is moderate, a level two designation\nshall be given to such sex offender. In such case the law enforcement\nagency or agencies having jurisdiction and the law enforcement agency or\nagencies having had jurisdiction at the time of his or her conviction\nshall be notified and may disseminate relevant information which shall\ninclude a photograph and description of the offender and which may\ninclude the exact name and any aliases used by the sex offender, exact\naddress, background information including the offender's crime of\nconviction, mode of operation, type of victim targeted, the name and\naddress of any institution of higher education at which the sex offender\nis enrolled, attends, is employed or resides and the description of\nspecial conditions imposed on the offender to any entity with vulnerable\npopulations related to the nature of the offense committed by such sex\noffender. Any entity receiving information on a sex offender may\ndisclose or further disseminate such information at its discretion. In\naddition, in such case, the information described herein shall also be\nprovided in the subdirectory established in this article and\nnotwithstanding any other provision of law, such information shall, upon\nrequest, be made available to the public.\n Such law enforcement agencies shall compile, maintain and update a\nlisting of vulnerable organizational entities within its jurisdiction.\nSuch listing shall be utilized for notification of such organizations in\ndisseminating such information on level two sex offenders pursuant to\nthis paragraph. Such listing shall include and not be limited to:\nsuperintendents of schools or chief school administrators,\nsuperintendents of parks, public and private libraries, public and\nprivate school bus transportation companies, day care centers, nursery\nschools, pre-schools, neighborhood watch groups, community centers,\ncivic associations, nursing homes, victim's advocacy groups and places\nof worship.\n (c) If the risk of repeat offense is high and there exists a threat to\nthe public safety a level three designation shall be given to such sex\noffender. In such case, the law enforcement agency or agencies having\njurisdiction and the law enforcement agency or agencies having had\njurisdiction at the time of his or her conviction shall be notified and\nmay disseminate relevant information which shall include a photograph\nand description of the offender and which may include the sex offender's\nexact name and any aliases used by the offender, exact address, address\nof the offender's place of employment, background information including\nthe offender's crime of conviction, mode of operation, type of victim\ntargeted, the name and address of any institution of higher education at\nwhich the sex offender is enrolled, attends, is employed or resides and\nthe description of special conditions imposed on the offender to any\nentity with vulnerable populations related to the nature of the offense\ncommitted by such sex offender. Any entity receiving information on a\nsex offender may disclose or further disseminate such information at its\ndiscretion. In addition, in such case, the information described herein\nshall also be provided in the subdirectory established in this article\nand notwithstanding any other provision of law, such information shall,\nupon request, be made available to the public.\n Such law enforcement agencies shall compile, maintain and update a\nlisting of vulnerable organizational entities within its jurisdiction.\nSuch listing shall be utilized for notification of such organizations in\ndisseminating such information on level three sex offenders pursuant to\nthis paragraph. Such listing shall include and not be limited to:\nsuperintendents of schools or chief school administrators,\nsuperintendents of parks, public and private libraries, public and\nprivate school bus transportation companies, day care centers, nursery\nschools, pre-schools, neighborhood watch groups, community centers,\ncivic associations, nursing homes, victim's advocacy groups and places\nof worship.\n 7. Upon request by the court, pursuant to section one hundred\nsixty-eight-o of this article, the board shall provide an updated report\npertaining to the sex offender petitioning for relief of the duty to\nregister or for a modification of his or her level of notification.\n 8. A failure by a state or local agency or the board to act or by a\ncourt to render a determination within the time period specified in this\narticle shall not affect the obligation of the sex offender to register\nor verify under this article nor shall such failure prevent a court from\nmaking a determination regarding the sex offender's level of\nnotification and whether such offender is required by law to be\nregistered for a period of twenty years or for life. Where a court is\nunable to make a determination prior to the date scheduled for a sex\noffender's discharge, parole, release to post-release supervision or\nrelease, it shall adjourn the hearing until after the offender is\ndischarged, paroled, released to post-release supervision or released,\nand shall then expeditiously complete the hearing and issue its\ndetermination.\n