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Issue on Appeal is Whether Board of Examiners Erred in Recommending Defendant Be Designated a Level 2 Sex Offender

A Bronx Personal Injury Lawyer said that, on August 15, 1998, the defendant was released from state prison after serving a three year sentence following his conviction on October 25, 1995 to sexual abuse in the first degree. The defendant, who was a Cadet Leader of an eight year old boy, pled guilty to fondling the boy’s penis while staying overnight at the boy’s home. The court must now make a risk assessment determination pursuant to the Sex Offender Registration Act (SORA).

A Bronx Personal Injury Lawyer said that, the Board of Examiners of Sex Offenders has recommended to the court that the defendant be assessed a risk level two. This recommendation was based on the Board’s use of its objective risk assessment instrument which assigns a numerical value to the existence of certain risk factors and totals the numerical points to arrive at the offender’s presumptive risk level. The Board found that the defendant’s total risk factor score was 100 points. This score, being more than 70 points but less than 110 points, falls within the numerical parameters set forth for a presumptive risk level two category. A level two designation indicates that the risk of repeat offense is moderate.

The issue in this case is whether the Board of Examiners of Sex Offenders erred in recommending to the court that the defendant be assessed a risk level two.

After receiving a risk assessment recommendation from the Board, the sentencing court must make a final judicial determination with respect to the level of notification. The phrase “sentencing court” is not defined within the Act. Other States have held that the phrase “sentencing court” refers to the forum that had jurisdiction over the case, as opposed to the specific judge. Although this State has not set forth a definition in statute or case law for the phrase “sentencing court,” it has been held that a judge is not “the court” as a “court” is defined as an organized body with defined powers, meeting at certain times and places for the accident hearing and decisions of causes and other matters brought before it.

A sex offender need not be classified by the particular judge who sentenced that sex offender. However, the judge who personally presided over a sex offense case and sentenced the sex offender is usually in the best position to evaluate the potential danger posed by the defendant, and accordingly determine what is the proper level of notification owing to the public. This thirty-seven year old sex offender is a psychiatrically diagnosed and self-described pedophile. In 1995, recognizing the serious threat the defendant posed, this court ultimately rejected the original plea agreement negotiated between the prosecution and the defendant which sought a sentence of probation, coupled with the imposition of certain conditions. This court sentenced the defendant to an indeterminate state prison sentence of one to three years.

If you are in the same case scenario, seek the help of a Bronx Personal Injury Attorney and Bronx Wrongful Death Attorney at Stephen Bilkis and Associates.

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