NY Corr L § 168-L (2021)
2021 New York Laws COR - Correction Article 6-C - Sex Offender Registration Act 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.