The Sex Offender Registration Act (SORA Hearing)

Westchester County Sex Crime Defense Lawyer

SORA is the section of the New York State Correction Law that requires a convicted offender to register as a sex offender with law enforcement. At the SORA hearing the offender’s “risk level” is determined representing the risk the offender may present to the community.

With a Level One finding information about the offender is not made public but for level two and three information including a physical description, address, charges, description of the offense and the sentence are made available to the public.

Level One requires 20 years of registration and Levels two and three require lifelong registration. Also, if the sex offender has been designated a sexual predator, a sexually violent offender or a predicate sex offender, the offender must register for life.

How is a SORA Hearing Conducted?

At the SORA hearing the offender has the right to be represented by counsel and should be represented by counsel. The government is represented by the District Attorney or their designee and they have the burden of proving facts by clear and convincing evidence. The victim(s) may address the Court and reliable hearsay is admissible. The Court in making a determination will decide if there is a likelihood that the offender will re-offend and the harm that would result if the offender were to re-offend.

The Risk Assessment Instrument

The New York State Board of Examiners of Sex offenders uses a point system, category based form to determine the proper classification of the offender. This form is called the Risk Assessment Instrument and designed to be an objective indicator of likelihood to reoffend. There must be supporting information to assign points under each risk factor category.

In some circumstances, usually when an offender is released from jail or prison, the offender is interviewed by the Board of Examiners and they will generate a Risk Assessment Instrument for the sentencing court that is considered presumptively correct but the sentencing court can deviated from the Level recommendation either upwards or downwards.

In other circumstances the Board of Examiners will not have an opportunity to review the case and present their findings on a Risk Assessment Instrument leaving such analysis to the local District Attorney’s Office.

The Risk Assessment Instrument contains the following factors; details about the current offense criminal history, post offense behavior and release environment. Adding the subcategories yields a point total for a risk factor determination.

Below is a sample of the Risk Assessment Form: