Mutiple-offense sex offenders’ risk to community assessed
NORWICH – Two sex offenders with multiple offenses – one also convicted of violent offenses – had their risk levels to the community assessed on Feb. 23 in Chenango County Court by Judge Frank B. Revoir, Jr.
• Jason P. Bennett, 36, Franklin, was convicted of two counts of the class B felony of sexual abuse in the first degree; and one count of the class D felony of sodomy in the second degree on Oct. 11, 2011 in Delaware County.
He was sentenced to four and a half years in the New York State Department of Corrections and five years post release supervision.
On Feb. 14, 2012, Bennett was convicted of the class B felony of sexual abuse in the first degree in Chenango County.
He was sentenced to two years determinate in the New York State Department of Corrections and 10 years post release supervision, which he served concurrently with his previous four and a half year sentence in 2011. He will also serve the 10 years post release supervision concurrently with the five years post release supervision he was previously sentenced to in 2011.
Bennett is currently incarcerated at Riverview Correctional Facility and is to be released on April 10 of this year.
Since Bennett will soon be released from prison, his risk level to the community was assessed in court on Feb. 23.
First Assistant District Attorney Michael D. Ferrarese said although Bennett “scored” as a level I, the Board of Examiners of Sex Offenders recommended “an upward to level III.”
“The [level I] score does not capture all of the victims affected by this defendant's predatory behavior,” said Ferrarese.
According to New York State Division of Criminal Justice Services, a level I is a low risk of repeat offense whereas a level III is not only a high risk of repeat offense, but also a threat to public safety.
Bennett's stand-in public defender, Zachary Wentworth, said, “A departure for my client from a level I to a level III seems excessive, Judge. A level II would be more appropriate.”
Revoir said he would make a written decision at a later date.
• Roy W. Hoyt, 57, East Pharsalia, was convicted of the felonies of two counts of rape and abuse of a child under 16, and two counts of indecent assault and battery on a child 14 years or older on Jan. 30, 2009 in Massachusetts.
He was sentenced to 10 to 15 years of incarceration in a Massachusetts state prison.
Years later, Hoyt's verdict was reversed, and he received a new trial. After the trial, he was sentenced to six years of incarceration.
Since Hoyt had already served six years of incarceration at the time of his sentencing, he was released without supervision.
Hoyt currently lives in Chenango County and is in the process of trying to appeal his out-of-state conviction.
Ferrarese said Hoyt “scores out as a level II,” and also said the People are “not asking for any type of deviation.”
According to New York State Division of Criminal Justice Services, a level II is a moderate risk of repeat offense.
Revoir said he will make a written decision at a later date.
• Jason P. Bennett, 36, Franklin, was convicted of two counts of the class B felony of sexual abuse in the first degree; and one count of the class D felony of sodomy in the second degree on Oct. 11, 2011 in Delaware County.
He was sentenced to four and a half years in the New York State Department of Corrections and five years post release supervision.
On Feb. 14, 2012, Bennett was convicted of the class B felony of sexual abuse in the first degree in Chenango County.
He was sentenced to two years determinate in the New York State Department of Corrections and 10 years post release supervision, which he served concurrently with his previous four and a half year sentence in 2011. He will also serve the 10 years post release supervision concurrently with the five years post release supervision he was previously sentenced to in 2011.
Bennett is currently incarcerated at Riverview Correctional Facility and is to be released on April 10 of this year.
Since Bennett will soon be released from prison, his risk level to the community was assessed in court on Feb. 23.
First Assistant District Attorney Michael D. Ferrarese said although Bennett “scored” as a level I, the Board of Examiners of Sex Offenders recommended “an upward to level III.”
“The [level I] score does not capture all of the victims affected by this defendant's predatory behavior,” said Ferrarese.
According to New York State Division of Criminal Justice Services, a level I is a low risk of repeat offense whereas a level III is not only a high risk of repeat offense, but also a threat to public safety.
Bennett's stand-in public defender, Zachary Wentworth, said, “A departure for my client from a level I to a level III seems excessive, Judge. A level II would be more appropriate.”
Revoir said he would make a written decision at a later date.
• Roy W. Hoyt, 57, East Pharsalia, was convicted of the felonies of two counts of rape and abuse of a child under 16, and two counts of indecent assault and battery on a child 14 years or older on Jan. 30, 2009 in Massachusetts.
He was sentenced to 10 to 15 years of incarceration in a Massachusetts state prison.
Years later, Hoyt's verdict was reversed, and he received a new trial. After the trial, he was sentenced to six years of incarceration.
Since Hoyt had already served six years of incarceration at the time of his sentencing, he was released without supervision.
Hoyt currently lives in Chenango County and is in the process of trying to appeal his out-of-state conviction.
Ferrarese said Hoyt “scores out as a level II,” and also said the People are “not asking for any type of deviation.”
According to New York State Division of Criminal Justice Services, a level II is a moderate risk of repeat offense.
Revoir said he will make a written decision at a later date.
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