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NY S05189
Bill
Status
6/23/2011
Primary Sponsor
Tony Avella
Click for details
AI Summary
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Requires risk level determination hearings for qualifying sex offenders to be held within twenty days after notice is given and prior to sentencing, instead of at least forty-five days after notice.
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Mandates the court notify the district attorney and sex offender of the hearing date within five days of conviction for sex offenders expected to receive probation or discharge.
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Requires the court to inform sex offenders of their rights to a hearing, legal representation, and appointed counsel if financially unable to retain counsel.
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Establishes that the district attorney must provide written statements of determinations sought at least fifteen days prior to the hearing, with the burden of proof by clear and convincing evidence.
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Specifies that determination hearings must occur prior to sentencing and allows either party to appeal the court's order as of right.
Legislative Description
Relates to the timing of risk level determination hearings for certain convicted sex offenders who are expected to be, upon sentencing, released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge.
Last Action
referred to correction
6/19/2012