Bill Text: NY A09533 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the use of youthful offender adjudications in making recommendations for the supervision of sex offenders.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-10 - referred to correction [A09533 Detail]

Download: New_York-2015-A09533-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9533
                   IN ASSEMBLY
                                     March 10, 2016
                                       ___________
        Introduced  by  M.  of  A.  SIMANOWITZ  -- read once and referred to the
          Committee on Correction
        AN ACT to amend the correction law and the criminal  procedure  law,  in
          relation  to  the  use  of  youthful  offender adjudications in making
          recommendations for the supervision of sex offenders
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  5 of section 168-l of the correction law, as
     2  added by chapter 192 of the laws of 1995 and subparagraph (i)  of  para-
     3  graph  (a)  as  amended by chapter 11 of the laws of 2002, is amended to
     4  read as follows:
     5    5. The board shall develop guidelines and  procedures  to  assess  the
     6  risk  of  a  repeat offense by such sex offender and the threat posed to
     7  the public safety. Such guidelines shall be based upon, but not  limited
     8  to, the following:
     9    (a)  criminal  history  factors  indicative  of  high  risk  of repeat
    10  offense, including:
    11    (i) whether the sex offender has a mental abnormality  or  personality
    12  disorder  that  makes  him or her likely to engage in predatory sexually
    13  violent offenses;
    14    (ii) whether the sex offender's conduct was found to be  characterized
    15  by repetitive and compulsive behavior, associated with drugs or alcohol;
    16    (iii) whether the sex offender served the maximum term;
    17    (iv) whether the sex offender committed the felony sex offense against
    18  a child;
    19    (v)  the  age of the sex offender at the time of the commission of the
    20  first sex offense;
    21    (b) other criminal history factors to  be  considered  in  determining
    22  risk, including:
    23    (i) the relationship between such sex offender and the victim;
    24    (ii)  whether  the  offense  involved the use of a weapon, violence or
    25  infliction of serious bodily injury;
    26    (iii) the number, date and nature of prior offenses;
    27    (c) youthful offender adjudication records;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14612-02-6