NY A05925

Transfers responsibility for sex offender classification hearings from district attorneys to courts, requiring courts to make final determinations on offender designation and notification levels after a classification hearing.

Requires the state board of examiners of sex offenders to make recommendations to courts on classification levels, with courts providing offenders fair written notice of hearings including the board's recommendation and ramifications of classification levels.

Grants sex offenders the right to counsel (appointed if financially unable), pre-hearing discovery of documentary evidence, and the right to appeal classification determinations.

Changes the timeline for board recommendations from 60 to 90 calendar days prior to an offender's discharge, parole, or release, and shifts registration duties from probation/parole officers to courts following final classification determinations.

Eliminates the previous requirement that district attorneys bear the burden of proving facts by clear and convincing evidence, instead requiring the state to prove facts supporting classification determinations through courts.