Legal Question in Criminal Law in New York

My son currently is serving a federal prison term for buying child pornography. He was arrested and convicted of the crime in Kentucky, is serving time in Pennsylvania, and will probably be released into New York State. This is his first and only criminal offense. He has not had any physical contact with children. He is only 30 years old. He is going to have to register as a sex offender. New York has a system whereby Tier I offenders are not subject to public viewing on the web site. Also, it is my understanding that my son is supposed to receive a hearing as to what risk level or tier he will be placed at. He has not had a hearing yet that he knows of. Will he receive this hearing right before or right after his release? Will this be in Kentucky or in New York? I have received very conflicting answers regarding this. If you could help, I would appreciate it, as I would like to be proactive in assuring he gets a fair hearing and Tier I status if possible.

Thank you.

kd


Asked on 6/03/11, 11:31 am

1 Answer from Attorneys
Stuart Austin Austin Law Associates, PC

The hearing is done right before his release and normally done in the state of his incarceration. You should have a lawyer research the different state requirements before his SORA hearing. Also, look at the procedure for a downward modification if applicable after registering for a period of time. You should contact the Fed bureau of prisons for the specifics of where the hearing will be held. Please feel free to contact me if you have any further questions.

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Answered on 6/03/11, 11:40 am


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