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New York State Division of Probation

Defendant, in February of 1995, in the Supreme Court, Suffolk County, entered pleas of guilty to sodomy in the second degree and sexual abuse in the first degree. The initial charges arose when defendant, during the summer of 1992, lured two young boys into his home for the purpose of engaging in sexual relations. The defendant took photographs of the victims.

A New York Criminal lawyer said that in January 1996, while defendant remained on probation, the Sex Offender Registration Act (hereafter referred to as SORA), became effective. The act requires convicted sex offenders, including those on probation at the time of its enactment, to register with the Department of Criminal Justice Services. Sodomy in the second is designated a “sex offense” while sexual abuse in the first degree is designated a “sexually violent offense”. A “sexually violent predator” is defined as any person convicted of a “sexually violent offense” or a sex crimes offender who suffers from a mental abnormality that makes such person likely to engage in predatory sexual conduct.

The law establishes three levels of community notification. A level one designation is the lowest level and provides for information to be given only to the enforcement agencies having jurisdiction over the individual. A level two, or moderate, designation provides notification similar to level one along with authorization to said agencies to disseminate relevant information including approximate address based on zip code, a photograph, background of the crime, type of victim and any special conditions imposed on the offender to any entity with vulnerable populations related to the nature of the offense committed by such sex offender. Level three, the high risk category, provides for the dissemination of the same information as for level two offenders, as well as the dissemination of the offender’s exact address. In addition, the information is required to be recorded in a subdirectory which, upon request, will be made available to the public.

As previously indicated, the Division of Parole or Division of Probation and Correctional Alternatives is designated to determine the duration of registration and notification of every sex offender on parole or probation on the effective date of the act. Said determination is to be made in accordance with the risk factors delineated in section 168-l. Section 168-l requires the Board of Examiners of Sex Offenders to develop guidelines and procedures to be used in assessing said risk factors. The Board prepares a checklist form from which the risk of repetitive behavior is determined by considering four groups of characteristics, viz., current offense, criminal history, post-offense behavior and release environment. Points are assessed for characteristics within each group.

To Be Cont…

Are you abused sexually? Don’t hesitate to consult our New York Sexual Abuse lawyers here in Stephen Bilkis and Associates. We will help you file the necessary action against the person who abused you. We also have New York Child Pornography attorneys who will help those innocent children from being exploited by others.

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