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Upon release to the community following
a conviction for a registerable offense,
the sex offender is required to register
with the Division of Criminal Justice
Services. In order to determine the
level of community notification and
duration of registration, a hearing is
held by the sentencing court. After
examining the facts in the particular
case, including, but not limited to, the
use of force, weapons, alcohol or drugs,
victim's age, number of victims, assault
or injury of the victim and relationship
to the victim, the court makes a
determination regarding the offender's
level of notification, commonly called
the risk level. The risk level is based
on the court's assessment as to whether
a particular offender is likely to
repeat the same or similar registerable
offense and the danger the offender
poses to the community. Because the risk
level reflects factors unique to a
particular sex offender, offenders
convicted of the same offense may
receive different risk levels.
The court may assign one of the
following three risk levels. The risk
level governs the amount and type of
information which can be released as
community notification. (Note: In the
interim period between registration and
the risk level hearing, the offender's
risk level may be referred to as
"pending" and information about the
offender may only be released in
accordance with the standards for a low
risk offender).
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Level 1 (low risk of
repeat offense),
or |
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Level 2 (moderate risk
of repeat
offense),
or |
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Level 3 (high risk of
repeat offense
and a threat to
public safety
exists). |
In addition to the risk level, the court
also determines whether the offender
should be designated a sexual predator,
a sexually violent offender or a
predicate sex offender. This designation
governs the duration of the
registration. Those offenders who had a
hearing on or after March 11, 2002 are
registered for 10 years unless they have
been given one of the above
designations. If the offender has been
designated a sexual predator, a sexually
violent offender or a predicate sex
offender, he or she must register for
life. Level 1 and 2 offenders who had a
determination proceeding prior to March
11, 2002 are registered for 10 years.
Level 3 offenders who had a
determination proceeding prior to March
11, 2002 are registered for life unless
relieved of the duty to register by the
sentencing court after having been
registered for a minimum of 13 years. |
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Click on the Schenectady Level 3 Sex
Offender Log to view the names and
addresses of level 3 offenders living in
the City of Schenectady.
