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YOUTHFUL OFFENDER RECORDS PROPERLY CONSIDERED BY THE BOARD AND THE SORA COURT (FIRST DEPT).

The First Department noted that in a risk assessment procedure pursuant to the Sex Offender Registration Act (SORA) the State Board of Examiners (and, therefore, the court) may consider youthful-offender-related documents:

New York’s Sex Offender Registration Act (SORA) requires the State Board of Examiners of Sex Offenders to assess an offender’s risk of reoffense. In making this determination, the Board has access to an offender’s full criminal background, including defendant’s YO-related records. SORA “thereby grants the Board access to the documents, which are available under the CPL if specifically required or permitted by statute'” … . Additionally, members of the Board have “access to YO-related records for the purpose of carrying out duties specifically authorized by law'” … . Therefore, “SORA’s directives both provide the statutory require[ment] or permi[ssion]’ to release the YO records under one provision of the YO statute, and describe the duties specifically authorized by law’ to allow for their release under another” … .

Accordingly, the CPL specifically provides the Board with access to YO-related documents … . As the Board’s inclusion of defendant’s YO adjudication “in assessing the risk of reoffense was based on the Board’s expertise and experience,” it is entitled to judicial deference … . As neither SORA nor the CPL “prohibit[s] the Board’s consideration of YO adjudications for the limited public safety purpose of accurately assessing an offender’s risk level,” Supreme Court appropriately assessed points under risk factors 9 and 10, relating to defendant’s prior YO adjudication … . People v Simono, 2018 NY Slip Op 02291, First Dept 4-3-18

​CRIMINAL LAW (SEX OFFENDER REGISTRATION ACT, YOUTHFUL OFFENDER, YOUTHFUL OFFENDER RECORDS PROPERLY CONSIDERED BY THE BOARD AND THE SORA COURT (FIRST DEPT))/SEX OFFENDER REGISTRATION ACT (SORA) (YOUTHFUL OFFENDER RECORDS PROPERLY CONSIDERED BY THE BOARD AND THE SORA COURT (FIRST DEPT))/YOUTHFUL OFFENDER (SEX OFFENDER REGISTRATION ACT, YOUTHFUL OFFENDER RECORDS PROPERLY CONSIDERED BY THE BOARD AND THE SORA COURT (FIRST DEPT))

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