YOUTHFUL OFFENDER ADJUDICATION PROPERLY CONSIDERED IN ASSESSING RISK LEVEL UNDER THE SEX OFFENDER REGISTRATION ACT (SORA) (CT APP).

The Court of Appeals, in a full-fledged opinion by Judge Rivera, determined that a youthful offender (YO) adjudication can be considered in assessing the risk level of a sex offender under the Sex Offender Registration Act (SORA). Defendant contested the level three sex offender designation. The Court of Appeals held that consideration of the YO adjudication in this context did not violate the Criminal Procedure Law (CPL):

CPL 720.35 (2) provides the Board with access to YO-related documents. Defendant’s argument that access alone does not authorize use ignores that the CPL does not permit access for its own sake, but in furtherance of a statutory purpose. Here, that purpose is found in SORA, which requires the Board establish guidelines and make risk level determinations based, in part, on an offender’s past actions (Correction Law § 168-l [5]). * * *

Certainly, the youthful offender statute reflects the Legislature’s recognition of the difference between a youth and an adult, and the Legislature clearly made a policy choice to give a class of young people a distinct benefit. Nevertheless, in concluding that an earlier YO adjudication may be used in assessing points against defendant, the Board has not acted in violation of the CPL … . People v Francis, 2018 NY Slip Op 01017, CtApp 2-13-18

CRIMINAL LAW (SEX OFFENDER REGISTRATION ACT. YOUTHFUL OFFENDER ADJUDICATION PROPERLY CONSIDERED IN ASSESSING RISK LEVEL UNDER THE SEX OFFENDER REGISTRATION ACT (SORA) (CT APP))/SEX OFFENDER REGISTRATION ACT (SORA) (OUTHFUL OFFENDER ADJUDICATION PROPERLY CONSIDERED IN ASSESSING RISK LEVEL UNDER THE SEX OFFENDER REGISTRATION ACT (SORA) (CT APP))/YOUTHFUL OFFENDER (SEX OFFENDER REGISTRATION ACT. YOUTHFUL OFFENDER ADJUDICATION PROPERLY CONSIDERED IN ASSESSING RISK LEVEL UNDER THE SEX OFFENDER REGISTRATION ACT (SORA) (CT APP))