New York A 1187: Relates to the use of youthful offender adjudications in making recommendations for the supervision of sex offenders

Bill Text

STATE OF NEW YORK
________________________________________________________________________
1187
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
___________
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;
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD03491-01-7

A. 1187 2
1 (ii) whether the offense involved the use of a weapon, violence or
2 infliction of serious bodily injury;
3 (iii) the number, date and nature of prior offenses;
4 (c) youthful offender adjudication records;
5 [ ] conditions of release that minimize risk [ ] re-offense,(c) (d) or of
6 including but not limited to whether the sex offender is under super-
7 vision; receiving counseling, therapy or treatment; or residing in a
8 home situation that provides guidance and supervision;
9 [ ] physical conditions that minimize risk of re-offense,(d) (e)
10 including but not limited to advanced age or debilitating illness;
11 [ ] whether psychological or psychiatric profiles indicate a(e) (f)
12 risk of recidivism;
13 [ ] the sex offender's response to treatment;(f) (g)
14 [ ] recent behavior, including behavior while confined;(g) (h)
15 [ ] recent threats or gestures against persons or expressions of(h) (i)
16 intent to commit additional offenses; and
17 [ ] review of any victim impact statement.(i) (j)
18 § 2. Subdivision 1 of section 720.35 of the criminal procedure law, as
19 amended by chapter 402 of the laws of 2014, is amended and a new subdi-
20 vision 5 is added to read as follows:
21 1. A youthful offender adjudication is not a judgment of conviction
22 for a crime or any other offense, and does not operate as a disquali-
23 fication of any person so adjudged to hold public office or public
24 employment or to receive any license granted by public authority but
25 shall be deemed a conviction only for the purposes of transfer of super-
26 vision and custody pursuant to section two hundred [ ]fifty-nine-m
27 of the executive law. A defendant for whom a youthfulfifty-nine-mm
28 offender adjudication was substituted, who was originally charged with
29 prostitution as defined in section 230.00 of the penal law or loitering
30 for the purposes of prostitution as defined in subdivision two of
31 section 240.37 of the penal law provided that the person does not stand
32 charged with loitering for the purpose of patronizing a prostitute, for
33 an offense allegedly committed when he or she was sixteen or seventeen
34 years of age, shall be deemed a "sexually exploited child" as defined in
35 subdivision one of section four hundred forty-seven-a of the social
36 services law and therefore shall not be considered an adult for purposes
37 related to the charges in the youthful offender proceeding or a proceed-
38 ing under section 170.80 of this chapter.
39 5. Notwithstanding subdivision two of this section, whenever a person
40 is adjudicated a youthful offender, all records pertaining to the youth-
41 ful offender adjudication shall be included in those records and reports
42 that may be obtained and utilized by the board of examiners of sex
43 offenders in assessing an offender's risk of a repeat offense, as
44 provided by section one hundred sixty-eight-l of the correction law.
45 § 3. This act shall take effect immediately.