2023 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.