Risk Level Determination

Print
Press Enter to show all options, press Tab go to next option

Sex Offender Risk Level Determination

Registered sex offenders in New York are classified by the risk of reoffense. A court determines whether an offender is a level 1 (low risk), 2 (moderate risk) or 3 (high risk). The court also determines whether an offender should be given the designation of a sexual predator, sexually violent offender or predicate sex offender. Offenders are required to be registered for 20 years or life. Level 1 offenders with no designation must register for twenty years. Level 1 offenders with a designation, as well as level 2 and level 3 offenders regardless of whether they have a designation must register for life.

Sex Offender - Risk Level Determination

Upon release to the community following a conviction for a registerable offense, a sex offender is required to register with the Division of Criminal Justice Services. In order to determine the level of community notification and duration of registration, a hearing is held by the sentencing court. After examining the facts in a particular case, including, but not limited to, the use of force, weapons, alcohol or drugs, victim's age, number of victims, assault or injury of the victim and relationship to the victim, the court makes a determination regarding the offender's level of notification, commonly called the risk level. The risk level is based on the court's assessment regarding whether a particular offender is likely to repeat the same or similar registerable offense and the danger the offender poses to the community. Because the risk level reflects factors unique to a particular sex offender, offenders convicted of the same offense may receive different risk levels.

The court may assign one of the following three risk levels. The risk level governs the amount and type of information which can be released as community notification and also impacts duration of registration. (Note: In the interim period between registration and the risk level hearing, the offender's risk level may be referred to as "pending" and information about the offender may only be released in accordance with the standards for a low risk offender).

Level 1 (low risk of repeat offense), or
Level 2 (moderate risk of repeat offense), or
Level 3 (high risk of repeat offense and a threat to public safety exists).

In addition to the risk level, the court also determines whether a sex offender should be designated a sexual predator, a sexually violent offender or a predicate sex offender. This designation, along with the risk level, governs the duration of the registration. Level 1 sex offenders must register for 20 years unless they have been given one of the above designations.  Level 2 and Level 3 sex offenders are required to be registered for life.  If the sex offender has been designated a sexual predator, a sexually violent offender or a predicate sex offender, he or she must register for life regardless of risk level.

RISK LEVEL

DESIGNATION RECEIVED? (SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER OR PREDICATE SEX OFFENDER)

DURATION OF REGISTRATION

1

NO DESIGNATION

20 YEARS

2

NO DESIGNATION

LIFE

3

NO DESIGNATION

LIFE

1

YES, DESIGNATION RECEIVED

LIFE

2

YES, DESIGNATION RECEIVED

LIFE

3

YES, DESIGNATION RECEIVED

LIFE

A Level 2 sex offender who has not received a designation of sexual predator, sexually violent offender or predicate sex offender, who has been registered for a minimum period of thirty years, may be relieved of any further duty to register upon the granting of a petition for relief by the sentencing court or the court which made the determination regarding duration of registration and level of notification. Any registered sex offender may petition the sentencing court or the court which made the determination regarding the level of notification for an order modifying the level of notification (risk level).