DECISION OF THE WEEK
Matter of Hubert v Green, 9/7/18 – SORA / “Initial Date” Defined
Correction Law § 168-h (1) states: “The duration of registration and verification for a sex offender who has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, and who is classified as a level one risk, or who has not yet received a risk level classification, shall be annually for a period of twenty years from the initial date of registration.” The statute does not define “initial date of registration.” The Board of Examiners took the position that, upon moving to New York, a sex offender receives no credit for time on the registry in the original state. The petitioner, a level-one sex offender, challenged such stance in an Article 78 proceeding initiated in Rensselaer County. Supreme Court held that “initial date” means the first time a convicted sex offender registered with required state and local authorities. Mack & Associates (Lucas Mihuta, of counsel) represented the petitioner. A PDF of the decision is attached.
Thanks to Alan Rosenthal of Syracuse for bringing this decision to our attention and providing these insights: This is a very important SORA case for people who have been on the registry in other states and then move to New York. Judges in NYC have routinely issued nunc pro tunc orders giving individuals credit for time on the registry in other states, but this is the first time a judge has taken this issue head on. The decision serves notice on defense counsel who do SORA cases that, when you represent a person who has moved from another state, you must ask the judge to provide in the classification order that the client is to be given credit for time on the registry in the original state.