Sex Offenders Right to Appeal Their Risk Level

In Doe v. Pataki (3 F Supp 2d 456 [SD NY 1998]), Judge Denny Chin found that the Sex Offender Registration Act, as originally enacted, had failed to provide procedural due process to convicted sex offenders who were required to register. Specifically, the court held that in order to satisfy due process, the offender must be given a hearing with notice, an opportunity to retain counsel or have counsel appointed, prehearing discovery, the right to have his risk level determined by clear and convincing evidence, and the right to appeal his risk level determination. (Doe v. Pataki, 3 F Supp 2d, at 471-472.)