NY Court of Appeals orders new hearing for registered sex offender

New York state’s highest court has ordered a new hearing to determine the risk level classification for a registered sex offender.

The Court of Appeals ruled that the Sex Offender Registry Act (SORA) court deprived defendant Michael Worley of due process rights by changing his risk level assessment without giving him an opportunity to contest the determination.

In 2012, Worley pleaded guilty to attempted first-degree rape and endangering the welfare of a child. He was sentenced to 3½ years in prison, followed by 15 years of post-release supervision.

The convictions required Worley to register as a sex offender under SORA. Before he was released from prison, the Board of Examiners of Sex Offenders determined that he would be classified as a level 3 risk.

At the SORA hearing, the prosecutor acknowledged that Worley was incorrectly penalized for refusing to attend sex offender treatment. In fact, he was never able to attend because his disciplinary history required that he stay in restrictive housing.

Therefore, Worley’s attorney claimed, his classification should have been risk level 2. But a judge set the classification at risk level at 3 anyway.

“Due process requires that a SORA defendant receive sufficient notice and an opportunity to be heard before an upward departure is granted,” Judge Jenny Rivera wrote.

“The proceeding failed to comport with due process because defendant was provided no notice or meaningful opportunity to be heard,” Rivera wrote.

“The court erred by proceeding in this manner. Under these circumstances, the SORA court denied defendant the due process to which he is entitled. The proper remedy for this violation is a new judicial determination of defendant’s SORA classification, made after timely notice of the Board and District Attorney’s recommendations and reasons in support, and upon consideration of the parties’ arguments and the evidence submitted at the scheduled hearing,” she wrote.

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