ALBANY � Addressing its first civil appeal of a sex offender’s risk assessment under Megan’sLaw, the Appellate Division, Third Department, upheld a decision imposing the “sexually violent predator” classification on a pedophilewho qualified for a lower risk level under state guidelines.
Although the offender would have been placed in the mid-level risk category under a strictapplication of the guidelines, the court ruled in a decision last week that the determination by state probation officials to depart from theguidelines and place him in the most restrictive category was not arbitrary or capricious in view of his criminal history.
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