Tuesday, November 18, 2008

SORA Risk Assessment Guidelines Strictly Construed

In People v Aldrich (2008 NY Slip Op 08916 [4th Dept 11/14/08])the Court lowered a defendant;s risk level upon concluding that the lower court had incorrectly assessed 30 points. First, the Court held "that the court erred in assessing 25 points for attempted sexual intercourse because there was no evidence of actual sexual intercourse between defendant and the victim as required to assess points under the category of 'Sexual contact with victim.'" Additionally, it was error for the court to assess 5 points under the category of "Release with supervision" where the defendant was released into the community under the supervision of "a probation or parole officer who oversees a sex offender caseload or who otherwise specializes in the management of such offenders" should not be assessed any points for release under supervision.