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NY: After 25 Years, It Is Past Time To Reform New York’s Sex Offender Risk Assessment System: Part II

[law.com – 2/9/21]

In Part 1 of this article, I outlined what I believe are the significant flaws in the Risk Assessment Instrument (the RAI) New York courts are required to use to assess sex offender risk under the Sex Offender Registration Act (SORA or Megan’s Law, Article 6-C of the Correction Law). Under SORA, courts are required to designate offenders as being at low, moderate or high risk to re-offend. The rankings not only determine the length and intrusiveness of sex offender registration and community notification, which often last for life, but vital collateral matters, like whether offenders may live within 1,000 feet of a school, receive Section 8 housing vouchers or live in public housing. The RAI is primarily designed to measure the risk that a sex offender will re-offend and the harm which would be caused by a re-offense.

Read the full article

 

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I sad before, I’ll say again. Considering well over 98% of new sex crime is committed by non-registrants, “risk” should be assessed as low to negligible absent proof to the contrary. I have a very hard time believing that the very few registrant recidivists didn’t show some kind of indication outside of the crime that led to registration in the first place that re-offense was likely.

Sounds like in NY, this “risk assessment instrument” DETERMINES your punishment after your sentence is satisfied lol.

,
Zing right to the point expressed in Smith V: “those protections associated with the criminal justice processes.” not identified in the complaint via Mr. X & his nurse wife in Alaska in 97 Same goes for the ” in person component ” involved with the regime like P&P which according to the Rehnquist court stated “held some weight” BUT here it’s been, so strike two! The majority settled on the regimes resemblance to “incarceration” as the proper
“Intermediate scrutiny non dispositive test” when public safety is in manifest intent. The intent described in the State Act’s preamble was probative & put forth in the context of an ex-post facto facial challenge review! This is of course absurd logic. In ex post challenges the text of the law must be identified first by definition as such. And those statutes are easily identified as law referring to past convictions in statute as the touchstone for BOTH sufficient and necessary rationalization for imposing reasonable affirmative restraint! Why? In no conceivable scenario would a party not claim safety or social good as a factor in the passage of law applied to the already convicted criminal. Thereto any test in that specific context which utilizes “good” as a variable will never result in reasonable balance.

Is there a way we can see it without having to register at law.com? Thanks!

I would 2nd that request if anyone knows how we can view the article.

@pk good to see you’re still alive. Just an update for you,

Paid the lawyer about a year and a half ago. She sent the petition/suit last October. No word since

Hi NY

Are you saying that it took your Lawyer over 1 year to file the Petition after you had already paid the Lawyer.

I haven’t focused on that issue in about 5 years. But in light of all of the new changes and restrictions, I was considering to revisit this topic with the Lawyer as well this year.

yet these flawed RAI’s reemerge in california’s new law, though under a different name (“static”)

@Tim in WI – A few of them know exactly what they are doing in order to make this all so convoluted, the rest of them are just corrupt and stupid (and powerful). But we will still get this all straightened out sooner or later because we are smarter, righteous and we will be in mass numbers.

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