OAD represents people convicted of sex offenses in Sex Offender Registration Act (SORA) hearings, SORA Level modification hearings, and related litigation.
With this advocacy, OAD seeks to prevent the imposition of unduly harsh and onerous restrictions on its clients; to promote legislation and policy based on facts and not fear; and to provide accurate information about people convicted of sex offenses and the registry.
The Sex Offender Registration Act (“SORA”) is New York’s version of “Megan’s Law.”
It requires (1) anyone who was on parole, on probation or incarcerated for a registerable sex offense on January 21, 1996 and (2) anyone convicted of or sentenced for such an offense on or after that date to register with the Division of Criminal Justice Services (DCJS).
The classification level you receive from the court after your SORA hearing will determine what obligations you will have and what types of restrictions you may need to understand.
Some restrictions are particularly harsh and difficult to navigate for both registrants and their families.
Here we provide some information about those restrictions and obligations, including those related to housing and where you can live.
OAD seeks to provide assistance to clients and their families throughout the process.
We understand how difficult these laws make it to get on with your life, and we will do everything we can to help you through the process.
New York State uses the Risk Assessment Instrument (RAI) to determine your risk classification level.
This determines your reporting requirements, community notification and any restrictions.
It is a flawed instrument that fails to capture current statistical and social science conclusions.
However, as long as it is in use, it is what we must navigate as best we can.
The length of registration depends on both your risk level and whether or not you have a something called a “designation.”
A “designation” is a label of sexual predator, sexually violent offender or predicate sex offender.
If you are labeled any of those, you will have to register for life, even as a Level 1.
Level 1 (Low Risk of Repeat Offense)
Level 2 (Moderate Risk of Repeat Offense)
Level 3 (High Risk of Repeat Offense)
For People Who are Incarcerated and Awaiting Release
For People Serving a Sentence Other Than Jail/Prison
For Everyone Subject to a SORA Hearing
SORA requires registration of people who were convicted in another jurisdiction (state or federal) if the offense is equivalent to a New York State registerable offense or who are required to register in another state.
If you plan to move to New York State and you were required to register in another jurisdiction, you must contact the NY DCJS within 10 days of your move. Simply explain that you are moving to the state, include your mailing address and contact information, and the jurisdiction from which you are moving.
New York State Division of Criminal Justice Services
Sex Offender Registry
Alfred E. Smith Building
80 South Swan St.
Albany, New York 12210
The NY Board of Examiners will review your case and let you know if you must register in NY State and schedule a hearing to determine your level designation.
If you cannot afford an attorney, one will be appointed to represent you.
Far too often, people convicted of sex offenses are subjected to laws, policies and practices that – like the juvenile life-without-parole sentences that were driven by the now-discredited 'super-predator' myth and the 100-to-1 federal crack/powder sentencing ratio that was premised on a false theory that crack and powder cocaine were different – have more basis in hysteria than in either fact or science.
Such rules significantly contribute to mass incarceration, and while their purpose is to protect the community, research and studies show they likely undermine public safety.
New York City can and should become a national model of fair and just adjudication of sex offenses by advancing a truly progressive legal, policy and legislative agenda that demands forward-thinking, evidence-based, data-driven solutions to child abuse, not counterproductive laws built on fear and misconceptions.
Children are likely to face sexual assault by a stranger.
Reality
Throngs of adult predators are on the internet pretending to be children and luring kids to danger.
Reality
The majority of kids online do not engage in solicitation by adults and simply ignore it.
People convicted of sex offenses are more likely to commit additional crimes after they are released from prison.
Reality
The majority of those convicted of a sex offense are not arrested for new crimes.
The Department of Justice examined data from 15 states over a 3-year period and found that only 5.3% of people convicted of a sex offense were re-arrested after release from prison.
Myth
Treatment doesn’t work on people convicted of sex offenses.
Reality
Individualized and group therapy can reduce already low sexual recidivism by a further 5-8%.
Myth
Public safety requires us to exclude people convicted of sex offenses from apartment buildings, neighborhoods, and school zones.
Reality
Banning people from housing carries a much higher risk that people on the registry will become homeless and difficult to track.
But homelessness also initiates a cascading effect in which family support, social support and employment opportunities fall away, increasing the risks to public safety.
In March of 2018, OAD led a coalition of public defender, criminal justice reform and civil rights organizations opposing a budget amendment that would significantly expand the already draconian residency restrictions imposed on people convicted of sex offenses.
OAD's letter to New York State Gov. Cuomo explained:
"Your current proposal – much like the juvenile life-without-parole sentences driven by the now-discredited 'super-predator' myth and the 100-to-1 federal crack/powder sentencing ratio premised on a false theory that crack and powder cocaine were different – has more basis in hysteria than in either fact or science. If passed, this law will significantly contribute to mass incarceration while likely undermining public safety. A truly progressive legislative agenda demands forward-thinking, evidence-based, data-driven solutions to child abuse, not counterproductive laws built on fear and misconceptions."
You can read the entire letter here.
On March 4, 2019, the Georgia Supreme Court declared that a Georgia statute requiring lifetime electronic bracelet monitoring for people convicted of sex offenses is unconstitutional.
You can read the decision here.
On February 21, 2019, the Third Department held that the Sexual Abuse Reform Act (SARA) -- which imposes residency restrictions on people who were convicted of certain sex offenses and are on parole, conditional release or subject to post-release supervision -- is not applicable to a person has who completed a sentence for a sex offense conviction and is subsequently incarcerated on an unrelated offense.
You can read the decision here.
