Bill Speeds Up Sex Offender Evaluations
The State Senate unanimously approved legislation last Wednesday, Mar. 12, to speed up the risk-level review of convicted sex offenders prior to sentencing or release from prison, it was announced.
Sponsored by State Sen. Tony Avella, the bill (S.323) is waiting passage in the Assembly, where it is being sponsored by Assemblyman Mike Miller.
Should it become law, Avella said, the bill would expedite the process by which the state criminal justice system determines the risk level of a convicted sex offender through a legal hearing.
Under provisions of the bill, the sex offender and district attorney must be notified of the impending risk-level determination hearing within five days of the verdict. The hearing must then take place within 20 days after the notice is issued and prior to sentencing.
Avella’s office indicated the legislation applies to convicted sex offenders who are expected to be either sentenced to probation or released from incarceration after serving time.
At a risk-level determination hearing, according to the state Department of Criminal Justice Services (DCJS), the court determines “whether a particular offender is likely to repeat the same or similar registerable offense and the danger the offender poses to the community.”
Those considered the least likely to re-offend are classified as Level 1 offenders, while individuals believed to be most likely to commit a sex crime in the future are deemed Level 3 offenders.
As noted on the DCJS website, “Level 1 sex offenders must register” on the state sex offender registry “for 20 years unless they have been” deemed a violent or predicate offender, while “Level 2 and Level 3 sex offenders are required to be registered for life.”
Presently, the risk-level assessment hearings must be held at least 45 days after an individual’s conviction or scheduled release, according to Avella. He charged the current rule leaves a loophole permitting some convicted sex offenders to have access to a local school or playground.
“There is no reason that known sex offenders should be residing in our neighborhoods without the community knowing the danger they present,” the senator said.
Avella first proposed the bill several years ago after a resident in his district-Joseph Denice, a registered sex offender-was arrested on sex abuse charges for allegedly committing additional crimes while volunteering at a local school.
Though it passed the State Senate in previous sessions, it failed to get a vote in the Assembly due to time constraints. With more than three months remaining in the current legislative session, Avella hoped the Assembly would take up the bill shortly.
“Now the Assembly will have plenty of time to vote on the bill and send it to the governor for a signature before the legislative session breaks for recess at the end of June,” he stated.
Miller told the Times Newsweekly last Friday, Mar. 14, the bill is now before the Assembly Codes Committee for review. A motion was filed to have the committee “look at it closely” and then move it to a floor vote.
“We meet with them (the Codes Committee) each week, so I’m hoping it comes to a vote,” he said. “It’s a great piece of legislation. I think it will give us a better opportunity to keep tabs of sex offenders as they immediately come out of jail.”
