Risk level definitions

On Board Online • January 26, 2015

Before being released to the community, the Board of Examiners of Sex Offenders makes a recommendation to the sentencing court regarding the offender's risk level. The risk level is based on an examination of the facts in each particular case such as the offender's use of force, weapons, alcohol or drugs, victim's age, number of victims, assault or injury to the victim and the sex offender's relationship to the victim.

The sentencing court then assigns one of the following three risk levels: Level 1 (low risk of repeat offense), Level 2 (moderate risk of repeat offense), or Level 3 (high risk of repeat offense). The risk level indicates the level of danger the offender poses to the community.

In addition, the risk level governs the amount and type of information that can be released as community notification and it impacts the duration of time that a sex offender must be registered with the Division of Criminal Justice Services. Level 1 offenders must register for a minimum of 20 years and Level 2 and 3 offenders must register for life.

The state registry can be accessed at http://www.criminaljustice.ny.gov/nsor/.