Sex Offender Registration

As do all other states, New York subjects convicted sex offenders to community notification and required registration. The Criminal Defense Special Litigation Unit originally challenged this law as a violation of the constitutional protection against ex post facto punishment. The courts ultimately denied this claim but also ruled that the designation of the risk levels for these offenders was being done in violation of due process. Out lawsuit won for convicted offenders the right to a hearing to determine risk level at which the evidence could be contested. In 2004 a settlement created a special hearing process for thousands of SORA registrants. In 2006 the legislature increased the length of registration for persons already subject to SORA, and this issue was litigated in federal court. Compliance with the due process requirements is now being monitored.