NY A07958

Allows courts to issue provisional sex offender risk level determinations when a final risk level cannot be set before an inmate's discharge, parole, or release.

Provisional determinations establish whether an offender is a sexual predator, sexually violent offender, or predicate sex offender, and classify them as level one (low risk), level two (moderate risk), or level three (high risk) to re-offend.

Provisional determinations are valid for up to 90 days and have the same legal force as a final judicial determination until replaced by a formal determination under section 168-n.

Requires defendant consent except when the defendant will be discharged, paroled, or released before a final determination can be made; allows parties to be heard in writing or on the record but does not require the defendant's personal appearance.

Prohibits posting provisional determinations on the internet to prevent inaccurate risk level information from being publicly accessible; requires the Division to post final risk level determinations for level two and three offenders promptly upon judicial determination.

Extends the timeline for the Board of Examiners of Sex Offenders to make recommendations from 60 days to at least 90 days prior to discharge or release, and changes the court's deadline for making determinations from 30 days to at least 15 days prior to discharge or release.