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REFERENCES TO DEVIATE BEHAVIOR AND USE OF FORCE IN PETITIONER-INMATE’S CRIME AND SENTENCE INFORMATION FORM AND HIS COMPAS RISK AND NEEDS ASSESSMENT INSTRUMENT NOT SUPPORTED BY THE SEXUAL OFFENSES COMMITTED; THE PETITION SEEKING CORRECTION OF THE DOCUMENTS SHOULD NOT HAVE BEEN DISMISSED (THIRD DEPT).

The Third Department, reversing (modifying) Supreme Court, determined petitioner-inmate had raised legitimate issues about the contents of his Crime and Sentence Information (CSI) form and his COMPAS Risk and Needs Assessment Instrument requiring further proceedings in this Article 78 action. Specifically petitioner argued that references to “deviate” behavior and use of force in connection with sexual offenses were inaccurate:

… [W]ith respect to the CSI form, petitioner was not convicted of any crimes involving an element of “deviate” behavior … . Additionally, with regard to the challenged characterization in the COMPAS instrument indicating that petitioner committed a “[s]ex [o]ffense with [f]orce,” we note that petitioner was not convicted of a crime involving “force” or “forcible” contact … . Accordingly, to the extent that the inclusion of such references in the CSI form and COMPAS instrument could be perceived as misleading and be potentially prejudicial to “future deliberations concerning the petitioner’s status” … , we find that, at this stage of the proceeding, in the absence of a more developed record, petitioner has stated a potentially valid cause of action. Because respondent has yet to serve an answer in this matter, this matter must be remitted to Supreme Court for this purpose … . Matter of Staropoli v Botsford, 2020 NY Slip Op 02840, Third Dept 5-14-20

 

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