§ 168-l. Board of examiners of sex offenders. 1. There shall be a\nboard of examiners of sex offenders which shall possess the powers and\nduties hereinafter specified. Such board shall consist of five members\nappointed by the governor. All members shall be employees of the\ndepartment and shall be experts in the field of the behavior and\ntreatment of sex offenders. The term of office of each member of such\nboard shall be for six years; provided, however, that any member chosen\nto fill a vacancy occurring otherwise than by expiration of term shall\nbe appointed for the remainder of the unexpired term of the member whom\nhe or she is to succeed. In the event of the inability to act of any\nmember, the governor may appoint some competent informed person to act\nin his or her stead during the continuance of such disability.\n 2. The governor shall designate one of the members of the board as\nchairman to serve in such capacity at the pleasure of the governor or\nuntil the member's term of office expires and a successor is designated\nin accordance with law, whichever first occurs.\n 3. Any member of the board may be removed by the governor for cause\nafter an opportunity to be heard.\n 4. Except as otherwise provided by law, a majority of the board shall\nconstitute a quorum for the transaction of all business of the board.\n 5. The board shall develop guidelines and procedures to assess the\nrisk of a repeat offense by such sex offender and the threat posed to\nthe public safety. Such guidelines shall be based upon, but not limited\nto, the following:\n (a) criminal history factors indicative of high risk of repeat\noffense, including:\n (i) whether the sex offender has a mental abnormality or personality\ndisorder that makes him or her likely to engage in predatory sexually\nviolent offenses;\n (ii) whether the sex offender's conduct was found to be characterized\nby repetitive and compulsive behavior, associated with drugs or alcohol;\n (iii) whether the sex offender served the maximum term;\n (iv) whether the sex offender committed the felony sex offense against\na child;\n (v) the age of the sex offender at the time of the commission of the\nfirst sex offense;\n (b) other criminal history factors to be considered in determining\nrisk, including:\n (i) the relationship between such sex offender and the victim;\n (ii) whether the offense involved the use of a weapon, violence or\ninfliction of serious bodily injury;\n (iii) the number, date and nature of prior offenses;\n (c) conditions of release that minimize risk or re-offense, including\nbut not limited to whether the sex offender is under supervision;\nreceiving counseling, therapy or treatment; or residing in a home\nsituation that provides guidance and supervision;\n (d) physical conditions that minimize risk of re-offense, including\nbut not limited to advanced age or debilitating illness;\n (e) whether psychological or psychiatric profiles indicate a risk of\nrecidivism;\n (f) the sex offender's response to treatment;\n (g) recent behavior, including behavior while confined;\n (h) recent threats or gestures against persons or expressions of\nintent to commit additional offenses; and\n (i) review of any victim impact statement.\n 6. Applying these guidelines, the board shall within sixty calendar\ndays prior to the discharge, parole, release to post-release supervision\nor release of a sex offender make a recommendation which shall be\nconfidential and shall not be available for public inspection, to the\nsentencing court as to whether such sex offender warrants the\ndesignation of sexual predator, sexually violent offender, or predicate\nsex offender as defined in subdivision seven of section one hundred\nsixty-eight-a of this article. In addition, the guidelines shall be\napplied by the board to make a recommendation to the sentencing court\nwhich shall be confidential and shall not be available for public\ninspection, providing for one of t
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