Intro- Session 5- Ancillary Statutes - Property, Mental Hygiene, Correction Flashcards
What does ‘lost property’ include?
‘Lost property’ includes lost or mislaid property.
What is the presumption regarding found property?
Found property shall be presumed to be lost property if nobody claims it within six months.
What are the specified duties of police regarding found property?
- Accept and retain custody of found property.
- Give a receipt to the person depositing the found property.
- Write a report identifying the person who deposited the property.
- Police shall give notice of the finding to the occupant or person in charge of the premises where the property was found.
- If a person(s) name and address appear on the found property or the police have reason to believe
a known person has an interest in the found property, the police shall give notice of the deposited property
What is the custody period for lost property under $100?
Lost property under $100 shall be kept for 3 months.
What is the custody period for lost property between $100 and $499?
Lost property between $100 and $499 shall be kept for 6 months.
What is the custody period for lost property between $500 and $4,999?
Lost property between $500 and $4,999 shall be kept for 1 year.
What is the custody period for lost property over $5,000?
Lost property over $5,000 shall be kept for 3 years.
How can lost property be disposed of?
Lost property can be disposed of by:
1. returning it to the owner
2. giving it to the finder
3. selling it at public auction.
Under what conditions can police take a mentally ill person into custody?
Police can take a mentally ill person into custody if:
1. there is a substantial risk of physical harm to himself (threats, attempts at suicide etc.)
2. there is a substantial risk of physical harm to others (homicidal or violent behavior)
How long can a psychiatric hospital retain a patient under Section 9.39?
A psychiatric hospital may retain a patient for a period of 15 days for immediate observation, care, and treatment.
What is the purpose of Corrections Law Article 6-C?
Sometimes referred to in NY as Meghan’s Law, Corrections Law Article 6-C:
1. Makes it a felony for any Registered Sex Offender (RSO) to fail to comply with the provisions of the law
2. Allows local law enforcement agencies to notify their
community about Registered Sex Offenders living, working and/or going to school within their
jurisdiction.
What are the three levels of sex offender classifications?
The three levels are:
1. Level 1 (low)
2. Level 2 (moderate),
3. Level 3 (high).
The three levels are based upon an offender’s risk of committing another sex crime and harm to the community:
Who determines an offender’s risk level?
The sentencing court determines an offender’s risk level at sentencing or release.
The risk level determines how much info can be provided to the community
There are also three designations that may be assigned to a sex offender: sexual predator, sexually violent offender, or predicate sex offender.
These designations, along with risk level, govern the length of time that an offender must register.
When is a sex offender’s risk level determined?
At the time of sentencing (in probation cases) or at the time of release from custody (in jail or prison cases)
The Board of Examiners of Sex Offenders will evaluate the case and provide a risk level recommendation to the court.
The court will hold a risk level hearing and assign a level to the offender prior to release.
What are the requirements of all RSOs regardless of level
- Report annually where they live by signing and returning an annual verification form to DCJS within 10 days after receiving it
- Notify DCJS in writing of a new address no later than 10 days after moving.
- Report in person to a local police agency to have a current photograph taken every three years (Level 1 and 2 offenders) or every year (Level 3 offenders).
- Notify DCJS in writing of any institution of higher education they are attending, enrolled, living or employed. Any change in status must be reported to DCJS no later than 10 days after the change.
- Provide in writing Internet service providers, Internet screen names and e-mail accounts.
What must Level 3 RSOs and any RSOs with the sexual predator designation do regarding address verification?
Level 3 and Sexual Predator RSOs must personally verify their addresses every 90 days with local law enforcement.
Law enforcement may at that time photograph a level 3 offender if that offender’s appearance has changed.
What happens if a registered sex offender fails to perform registration obligations?
Failure to perform registration obligations is a felony
A first conviction is a Class E felony.
A second or subsequent conviction is a Class D felony.
What restrictions apply to Level 2 and Level 3 RSOs regarding schools?
They are restricted from knowingly entering or remaining in any primary, middle, or high school where the victim of the underlying registerable crime attends, with specific exceptions.
NO OFFENSE if:
1. The RSO is a registered student of the school
2. The RSO is a lawful participant in a school event
3. The RSO is a parent or legal guardian of a registered student of the school and the RSO is there to attend an event or activity involving the RSO’s child
4. The RSO is inside the school for the purpose of voting
5. The Superintendent or Chief Administrator of the school has given permission to the RSO to be in the school.
What is the procedure regarding dissemination of a RSO’s address?
- The EXACT address of LEVEL 2 and 3 offenders can be provided
- Only an approximate address based on zip code can be provided for LEVEL 1 offenders.
What information can local law enforcement release about sex offenders?
Local law enforcement where the RSO resides, can, if they so choose, release information including:
1. A photograph and description of the RSO
2. The name of the RSO
3. Background information including the RSO’s crime of conviction
4. Modus of operation of the RSO
5. Type of victim targeted
6. The name and address of any institution of higher education at which the RSO is enrolled, attends or is employed
7. The description of special conditions imposed on the RSO
8. The nature of the offense committed by such RSO.
NOTE - Any person or entity receiving information on a registered sex offender may disclose or further disseminate such information at her or its discretion.
What is the penalty for disseminating false information about a registered sex offender?
Dissemination of false information which appears to be an official notice that someone is a RSO is an (A) Misdemeanor P.L. §240.48 - DISSEMINATING A FALSE RSO NOTICE
Common question phrasing involves a breakup where the angry ex makes a fake notice and disseminates it
