REGISTRATION TIMELINE

(PROBATION, SPLIT SENTENCE, CD, UD, FINE)

CORRECTION LAW §168-d

STEP 1: COURT CERTIFIES DEFENDANT AS SEX OFFENDER UPON CONVICTION.
- IF DEFENDANT CONVICTED OF PL §130.52, 130.55/ 230.04 AND CONTROVERTS ALLEGATION THAT VICTIM WAS UNDER 18/17 OR THAT DEFENDANT HAS A PRIOR SEX OFFENSE CONVICTION, COURT HOLDS “MINI-HEARING” [without a jury, prior to sentencing].

STEP 2: COURT REGISTERS SEX OFFENDER AT TIME OF SENTENCE AND EXPLAINS DUTIES; COURT SENDS FORM TO THE DIVISION OF CRIMINAL JUSTICE SERVICES (DCJS).
-DCJS ENTERS REGISTRATION FORM INFORMATION INTO SEX OFFENDER REGISTRY DATABASE AND FORWARDS INFORMATION TO LAW ENFORCEMENT AGENCY(IES) HAVING JURISDICTION.

STEP 3: COURT SCHEDULES RISK LEVEL/DESIGNATION HEARING AND NOTIFIES SEX OFFENDER AND DISTRICT ATTORNEY (D.A.) OF HEARING [held at least 45 days after  sentencing, but the parties often agree to do it at sentencing].

STEP 4: D.A. MAKES RECOMMENDATION REGARDING RISK LEVEL AND DESIGNATION (IF ANY) [at least 15 days before hearing].

STEP 5: COURT HOLDS RISK LEVEL/DESIGNATION HEARING. 
-IF DEFENDANT DOES NOT APPEAR AT HEARING AFTER HAVING RECEIVED NOTICE AND WITHOUT SUFFICIENT EXCUSE, COURT CAN PROCEED WITHOUT DEFENDANT.
-WHERE THERE IS A DISPUTE BETWEEN THE PARTIES CONCERING THE DETERMINATIONS, THE COURT SHALL ADJOURN THE HEARING AS NECESSARY TO PERMIT THE OFFENDER OR D.A. TO OBTAIN RELEVANT MATERIALS.  SUCH MATERIALS MAY BE OBTAINED BY SUPBOENA IF NOT PROVIDED VOLUNTARILY.

STEP 6: COURT RENDERS ORDER AND FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING RISK LEVEL AND DESIGNATION (IF ANY).

STEP 7: COURT SENDS DETERMINATION/ORDER TO DCJS.
-DCJS ENTERS RISK LEVEL AND DESIGNATION (IF ANY) INTO SEX OFFENDER REGISTRY DATABASE AND FORWARDS INFORMATION TO LAW ENFORCEMENT AGENCY(IES) HAVING JURISDICTION.