Fundamentals of New York Sex Offender Registration Act Practice

Since the enactment of the Sex Offender Registration Act ("SORA") in 1996, more than 39,000 individuals have been required to register as sex offenders in New York. Each of these registrants is entitled to a hearing to determine whether he will be classified as a Level 1, 2, or 3 (the most restrictive). This classification can have profound consequences on a person's life and his reentry into society, particularly with respect to the availability of employment and housing opportunities. The registrant has the right to appeal from the initial classification decision, but also to petition the trial court for a subsequent modification of his classification. This course, presented by Julia Busetti of the Center for Appellate Litigation, introduces you to SORA practice in each of these contexts. Whether you are interested in establishing a SORA practice or you already have a client with an upcoming classification hearing or one who wants to reduce his classification, this program will get you started as you prepare to zealously litigate your client's SORA level.

Learning Objectives:

1. Learn who is required to register under SORA
2. Identify the different consequences of Levels 1, 2, and 3
3. Become familiar with the roles of the Board of Examiners of Sex Offenders, prosecutor, and court under SORA
4. Learn how to ascertain your client's presumptive risk level by scoring the New York Risk Assessment Instrument using the accompanying Guidelines and Commentary
5. Explore potential bases for obtaining a discretionary lowering of the presumptive risk level, either at the initial hearing or upon a subsequent petition for modification
6. Identify potential avenues of pre-hearing investigation
7. Understand your client's procedural rights in the hearing
8. Anticipate how a typical SORA hearing will proceed