What is The Sex Offender Registration Act & SORA Hearing?

Notice: If you are needing to sue for damages or a victim of a crime please reach out to a civil attorney or the police.

Under New York State Correction Law, the Sex Offender Registration Act or SORA requires a convicted person to register with law enforcement as a sex offender. The offender’s “risk level” is established at the SORA hearing. The risk level means the amount of future risk the offender may present to the community.

The 3 SORA Classifications

1. Level One (Lowest)

The offender’s information is not made public. The registration lasts 20 years.

1. Level Two

The offender’s information, including a physical description, address, charges, description of the offense and the sentence are made available to the public. This is a lifelong registration.

1. Level Three (Highest)

The offender’s information, including a physical description, address, charges, description of the offense and the sentence are made available to the public. This is a lifelong registration.

Note: if the sex offender has been designated a sexual predator, a sexually violent offender or a predicate sex offender, the offender must register for life.

The SORA Hearing

Representation at the SORA hearing is crucial and no individual should go to a SORA hearing without counsel. The District Attorney has the burden of proving facts by clear and convincing evidence. Typically, the Court will allow the victim(s) to address the Court and reliable hearsay is admissible. The Court considers whether there is a likelihood that the offender will reoffend and the harm that would result if the offender were to re-offend.

Assessing Risk Using a Point System

The New York State Board of Examiners of Sex offenders uses a point system to determine the proper classification of the offender. This form is called the Risk Assessment Instrument and designed to be an objective indicator of likelihood to reoffend. Points are assigned under each risk factor category based upon supporting information.

Depending on the circumstances, the offender may be interviewed by the Board of Examiners to complete the Risk Assessment or the analysis may be done by the District Attorney’s Office. When done by the Board of Examiners, the Risk Assessment Instrument is generated and provided to the sentencing court. The Risk Assessment Instrument is considered presumptively correct; however, the sentencing court can deviate either upwards or downwards from the Level recommendation.

The Risk Assessment Instrument contains the following factors; details about the current offense criminal history, post offense behavior and release environment. Adding the subcategories yields a point total for a risk factor determination.