Republicans in the state Assembly want to place all convicted sex offenders – even those classified as low risk of reoffending – on the state’s publicly searchable sex offender registry.

Currently, only sex offenders classified as Levels 2 (moderate risk) or Level 3 (high risk) are listed on the publicly searchable areas of the database. The legislation, sponsored by Assemblyman Joe Angelino, R-Binghamton, has been publicly requested at least twice publicly by Onondaga County Sheriff Toby Shelley in the wake of a case in Onondaga County after a man classified as a Level 1, low risk sex offender continued his behavior for years while targeting multiple children.

It’s a horrible situation for which there should be a legislative reaction. We’re just not sure the Republican-backed bill is the right reaction. Yes, more people would be aware of even Level 1 sex offenders in their midst if A.10975 became law. But there is a bigger issue with sex offender classifications that can’t be fixed by simply changing which sex offenders are listed on public databases that arises from the Onondaga case.

The Board of Examiners of Sex Offenders makes a recommendation to judges who are deciding which risk level a sex offender will be listed under after they are sentenced. That board uses a specialized scoring system to evaluate factors like a victim’s age and the use of violence. And, as was the case in Onondaga County, the board sometimes gets it wrong.

It’s worth noting State Sen. Liz Krueger, D-New York City, and Assemblywoman Pamela Hunter, D-Syracuse, are backing legislation that would require the application of a risk assessment instrument as well as requiring the Board of Examiners of Sex Offenders to use a validated risk assessment instrument subjected to periodic empirical re-validation. Changing the way risk assessment is handled by the Board of Examiners of Sex Offenders could change sex offender designations seen at the local level – if Krueger and Hunter end up being able to move the bill through the legislature. Hunter and Krueger say the risk assessment guidelines created in 1995 need to be updated, but they’ve had no luck moving their bill through the legislature.

Placing all convicted sex offenders on the publicly searchable areas of the state sex offender registry as Republicans propose would increase public awareness, but it would still be misleading to the public if the Level 1 classification is based on an outdated system that improperly classifies sex offenders. In our view, the whole system should be reevaluated with an eye toward making sure the classifications are right in the first place – ideally in a way that results in both more sex offenders being listed publicly but, more importantly, in a way that doesn’t incorrectly classify sex offenders like the one in Onondaga County.