Reconciling the Sex Offender Registration Act and the Family Court Act: Why the New York Legislature Should Allow Consideration of Prior Juvenile Delinquency Adjudications in Sora Risk Level Determinations

Authors

Samuel J. Bazian

Document Type

Note

Abstract

(Excerpt)

This Note argues that advisory boards should not be prevented from considering juvenile delinquency proceedings in determining an adult offender's risk level. While one of the FCA's goals is to protect children from the stigma associated with a criminal conviction, the harm caused by the blanket prohibition against disclosing an offender's juvenile delinquency history outweighs its benefits. That is, despite the legislature's mandate that a juvenile's records be kept confidential, it is nonetheless time to revisit that decision. As currently constituted, the FCA adversely affects the ability of officials to make appropriate recommendations for the safety of the community. This puts society at risk.