JAIL/PRISON REGISTRATION TIMELINE

CORRECTION LAW §§168-e, 168-m, 168-l, 168-n

STEP 1: AT LEAST 120 DAYS PRIOR TO RELEASE, BOARD OF EXAMINERS OF SEX OFFENDERS (BOARD) IS NOTIFIED BY JAIL/PRISON THAT OFFENDER IS TO BE RELEASED.

STEP 2: SEX OFFENDER IS NOTIFIED CASE IS UNDER REVIEW NO LATER THAN 30 DAYS PRIOR TO BOARD’S RECOMMENDATION REGARDING RISK LEVEL AND DESIGNATION [90 DAYS PRIOR TO RELEASE].

STEP 3: BOARD MAKES RECOMMENDATION TO COURT 60 DAYS PRIOR TO RELEASE.

STEP 4: COURT SCHEDULES RISK LEVEL/DESIGNATION HEARING AND NOTIFIES SEX OFFENDER AND DISTRICT ATTORNEY (D.A.) OF HEARING 20 DAYS PRIOR TO HEARING [50 DAYS PRIOR TO RELEASE].

STEP 5: 10 DAYS PRIOR TO HEARING, D.A. NOTIFIES COURT AND OFFENDER IF DETERMINATION SOUGHT DIFFERS FROM BOARD’S RECOMMENDATION [40 DAYS PRIOR TO RELEASE].

STEP 6: COURT HOLDS RISK LEVEL/DESIGNATION HEARING.
-IF DEFENDANT DOES NOT APPEAR AT HEARING AFTER HAVING RECEIVED NOTICE AND WITHOUT SUFFICIENT EXCUSE, COURT CAN PROCEED WITHOUT DEFENDANT.
-WHERE THERE IS A DISPUTE BETWEEN THE PARTIES CONCERING THE DETERMINATIONS, THE COURT SHALL ADJOURN THE HEARING AS NECESSARY TO PERMIT THE OFFENDER OR D.A. TO OBTAIN RELEVANT MATERIALS. SUCH MATERIALS MAY BE OBTAINED BY SUPBOENA IF NOT PROVIDED VOLUNTARILY.

STEP 7: COURT RENDERS ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING RISK LEVEL AND DESIGNATION (IF ANY) 30 DAYS PRIOR TO RELEASE.

STEP 8: JAIL/PRISON REGISTERS DEFENDANT AS SEX OFFENDER AT LEAST 15 DAYS BEFORE RELEASE.

STEP 9: JAIL/PRISON SENDS REGISTRATION FORM TO THE DIVISION OF CRIMINAL JUSTICE SERVICES (DCJS) AT LEAST 10 DAYS BEFORE RELEASE.
-DCJS ENTERS REGISTRATION FORM INFORMATION INTO SEX OFFENDER REGISTRY DATABASE AND FORWARDS INFORMATION TO LAW ENFORCEMENT AGENCY(IES) HAVING JURISDICTION.

NOTE: Number of days in brackets is calculated based upon number of days set forth in Correction Law §§168-e, 168-l, 168-m and 168-n. However, Correction Law §168-l(8) provides, “failure by a state or local agency or the board to act or by a court to render a determination within the time period specified…shall not affect the obligation of the sex offender to register or verify…nor shall such failure prevent a court from making a determination regarding the sex offender's level of notification and whether such offender is required by law to be registered for a period of twenty years or for life.”