Senate Bill S4191

2019-2020 Legislative Session

Relates to sex offender risk assessment instruments

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S4191 (ACTIVE) - Details

See Assembly Version of this Bill:
A7509
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §§168-d, 168-k, 168-l & 168-n, Cor L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7080, A9258
2013-2014: S3138, A4591
2015-2016: S3097, A2190
2017-2018: S3711, A1906
2021-2022: S3096
2023-2024: S4451

2019-S4191 (ACTIVE) - Summary

Relates to sex offender risk assessment instruments.

2019-S4191 (ACTIVE) - Sponsor Memo

2019-S4191 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4191
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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 risk assessment
   instruments for sex offenders
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 168-d of the correction law, as
 amended by chapter 11 of the  laws  of  2002,  is  amended  to  read  as
 follows:
   3.  For sex offenders released on probation or discharged upon payment
 of a fine, conditional discharge or unconditional discharge, it shall be
 the duty of the  court  applying  the  guidelines  AND  RISK  ASSESSMENT
 INSTRUMENT  established  in  subdivision  five  of  section  one hundred
 sixty-eight-l of this article to determine  the  level  of  notification
 pursuant to subdivision six of section one hundred sixty-eight-l of this
 article and whether such sex offender shall be designated a sexual pred-
 ator, sexually violent offender, or predicate sex offender as defined in
 subdivision  seven of section one hundred sixty-eight-a of this article.
 At least  fifteen  days  prior  to  the  determination  proceeding,  the
 district  attorney  shall  provide  to  the court and the sex offender a
 written  statement  setting  forth  the  determinations  sought  by  the
 district  attorney  together  with the reasons for seeking such determi-
 nations. The court shall allow the sex offender to appear and be  heard.
 The state shall appear by the district attorney, or his or her designee,
 who  shall  bear the burden of proving the facts supporting the determi-
 nations sought by clear and convincing  evidence.    Where  there  is  a
 dispute  between  the  parties  concerning the determinations, the court
 shall adjourn the hearing as necessary to permit the sex offender or the
 district attorney to obtain materials  relevant  to  the  determinations
 from any state or local facility, hospital, institution, office, agency,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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