Juvenile Delinquency Adjudication Can Not Be Used for the “Criminal History” Points Assessment

The sex offender risk classification was reversed because county court used a juvenile delinquency adjudication to calculate the “criminal history” points to be assessed. The Third Department noted that the juvenile delinquency adjudication cannot be used for the “criminal history” calculation, but it can be considered in determining whether to depart from the recommended risk level:

… [B]ased on our recent holding in People v Shaffer (129 AD3d 54, 55-56 [2015]), County Court is precluded from using juvenile delinquency adjudications to assess points for criminal history under the RAI [risk assessment instrument], although the facts underlying a juvenile delinquency adjudication may still be “considered when determining whether to depart from the recommended risk level” (id. at 56). People v Updyke, 2015 NY Slip Op 08481, 3rd Dept 11-19-15