There are three levels, based upon an offender's risk of committing another sex crime and harm to the community: Level 1 (low), Level 2 (moderate), and Level 3 (high).
As a general rule, the sentencing court will determine an offender's risk level at the time of sentencing (in probation cases) or at the time of release from custody (in jail or prison cases).
Anyone who was on parole or probation or incarcerated for a sex offense on January 21, 1996, must register as a sex offender with the New York State Division of Criminal Justice Services ("DCJS").
In addition, offenders convicted of a sex offense on or after that date, or sentenced to probation, local jail, or state prison after that date, must register upon returning to the community.
Since then, a number of changes have been made to the original statute.
The statute may be found on the New York State Senate website - New York Laws, Corrections Law 168.
A list of registerable sex offenses can be found here.
Any offender who has moved to New York from another state or country must register with the New York State Division of Criminal Justice Services no later than 10 days after moving.
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