New York S 3201: Relates to risk assessment instruments for sex offenders

Bill Text

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S03201 Summary:

BILL NOS03201A

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SAME ASSAME AS A08930-A

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SPONSORKRUEGER

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COSPNSRRYAN C

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MLTSPNSR

&nbsp

Amd §168-l, Cor L

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Relates to the use of validated risk assessment instruments for sex offenders to determine the risk of repeat offense.

Go to top S03201 Actions:

BILL NOS03201A

&nbsp

01/24/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

03/17/2026AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION

03/17/2026PRINT NUMBER 3201A

Go to topS03201 Committee&nbspVotes:

Go to topS03201 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03201 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3201--A

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sens. KRUEGER, C. RYAN -- read twice and ordered printed,
 and when printed to be committed to the Committee on Crime Victims,
 Crime and Correction -- recommitted to the Committee on Crime Victims,
 Crime and Correction in accordance with Senate Rule 6, sec. 8 --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 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:

 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 and a
 4 new subdivision 5-a is added to read as follows:
 5 5. The board shall develop guidelines and procedures which include the
 6 use of validated risk assessment instruments to assess the risk of a
 7 repeat offense by such sex offender and the threat posed to the public
 8 safety. Such risk assessment instruments shall be periodically subjected
 9 to empirical re-validation. Such guidelines shall [be based upon,]
 10 incorporate factors found to be predictive of risk of re-offense,
 11 including but not limited to, the following:
 12 (a) criminal history factors indicative of high risk of repeat
 13 offense, including:
 14 (i) whether the sex offender has a mental abnormality or personality
 15 disorder that makes [him or her] the sex offender likely to engage in
 16 predatory sexually violent offenses;
 17 (ii) whether the sex offender's conduct was found to be characterized
 18 by repetitive and compulsive behavior, associated with drugs or alcohol;
 19 (iii) whether the sex offender served the maximum term;
 20 (iv) whether the sex offender committed the felony sex offense against
 21 a child;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06430-03-6

 S. 3201--A 2

 1 (v) the age of the sex offender at the time of the commission of the
 2 first sex offense;
 3 (b) other criminal history factors to be considered in determining
 4 risk, including:
 5 (i) the relationship between such sex offender and the victim;
 6 (ii) whether the offense involved the use of a weapon, violence or
 7 infliction of serious bodily injury;
 8 (iii) the number, date and nature of prior offenses;
 9 (c) conditions of release that minimize risk [or] of re-offense,
 10 including but not limited to whether the sex offender is under super-
 11 vision; receiving counseling, therapy or treatment; or residing in a
 12 home situation that provides guidance and supervision;
 13 (d) physical conditions that minimize risk of re-offense, including
 14 but not limited to advanced age or debilitating illness;
 15 (e) whether psychological or psychiatric profiles indicate a risk of
 16 recidivism;
 17 (f) the sex offender's response to treatment;
 18 (g) recent behavior, including behavior while confined;
 19 (h) recent threats or gestures against persons or expressions of
 20 intent to commit additional offenses; and
 21 (i) review of any victim impact statement.
 22 5-a. (a) The board in consultation with the department and the divi-
 23 sion of criminal justice services shall maintain a statewide database of
 24 sex offender recidivism statistics.
 25 (b) The board in consul