Hearings Aim To Reduce Recidivism Rates
State Sen. Tony Avella announced that the State Senate voted 60-0 in favor of his legislation that would speed up the risk level determination timetable for convicted sex offenders and ensure that they are officially categorized under the State’s Sex Offender Registration Act prior to their sentencing or release from incarceration.
The bill (S.323) would amend the current law that states that risk level determination hearings for sex offenders shall take place “at least 45 days after” notice of the hearing that is provided upon sentencing.
The Senate passed Avella’s bill the past two sessions. Unfortunately, according to Avella, the Assembly failed to act each time.
“Once again my colleagues and I in the Senate have taken steps to prevent sex offenders from being released in the community after their conviction and sentencing without a risk level determination and without being listed on the State’s Sex Offender Registry,” stated Avella. “There is no reason that known sex offenders should be residing in our neighborhoods without the community knowing the danger they present.”
Avella’s bill requires that notice of a risk level determination hearing for convicted sex offenders be given to the sex offender and district attorney within five days of the conviction for any sex offender who is expected to be released on probation or otherwise discharged. The risk level determination hearing must then be held within 20 days of the notice and most importantly prior to sentencing.
The legislation was designed by Avella following extensive review of the current sex offender laws following the arrest of Joseph Denice, a convicted Level I sex offender who was convicted of Sex Abuse in the 2nd Degree in 2010, and then arrested again in January 2011 following additional crimes he committed and probation violations arising from his volunteering in area Catholic schools including St. Mel’s School in Whitestone.
Assemblyman Mike Miller is carrying the bill in the Assembly where the legislation would have to pass before being signed into law by the governor.
Avella continued, “I look forward to working again with Assemblyman Miller to ensure that this common sense measure is passed in the Assembly as soon as possible so that our youth are protected from dangerous predators.”
