Court assesses threat from convicted sex offender before release
NORWICH – A man being released from prison for felony first-degree sexual abuse was in court on Monday as his attorney and the prosecution met to determine his risk to society and offender status.
Scott M. Brazee, 41, of Oxford, was convicted for first-degree sexual abuse 2016 after having sexual contact with a 12-year-old victim. The court hasn't ruled on what level sex offender he'll be considered, but his released date is scheduled for June 16.
Assistant District Attorney Michael Ferrarese, said Brazee was sentenced to 4 years in prison. "The state prison system can let people out whenever they want, just because he was sentenced for four years doesn't mean corrections will keep him that long."
According to New York State law anyone convicted of a sex crime must have a hearing to determine how much supervision they be required to have.
"It's called a SORA (sexual offender registration act) hearing," Ferrarese explained, "[At a SORA hearing] the court may assign one of the following three risk levels: level one is a lower risk of repeat offense, level two is a moderate risk, and level three is high risk."
At Brazee's sexual offender registration act hearing, Ferrarese argued Brazee should be registered as a level two sex offender because his crimes showed a continuing pattern of criminal behavior.
At the time of Brazee's indictment, District Attorney Joseph McBride said, “He has a long criminal history since 1992." Ferrarese said Brazee's multiple sex crime convictions were part of the reason he should be a level two sex offender.
However, Brazee's attorney, Assistant Public Defender Zachary Wentworth, said his client should be considered a level one sex offender, and that a conviction from 26-years-ago should not be taken into consideration by the court. The older conviction, from 1992, occurred when Brazee was under the age of 18.
Prosecutors argue it implies a life-time pattern of criminal sexual acts.
Ferrarese said if Brazee is registered as a level two sex offender, individuals would be allowed to view his information on sex offender watch websites, he would be on the sex offender list, and he would be required to meet with police every three years for an updated mugshot.
At level two he would be required to comply with these restrictions for the rest of his life. A level one designation would be for 20 years.
"At level one, law enforcement has to know where you are, at level two, the public gets to know," said Ferrarese.
Chenango County Judge Frank Revoir Jr. said he will make a decision at a later date.
Scott M. Brazee, 41, of Oxford, was convicted for first-degree sexual abuse 2016 after having sexual contact with a 12-year-old victim. The court hasn't ruled on what level sex offender he'll be considered, but his released date is scheduled for June 16.
Assistant District Attorney Michael Ferrarese, said Brazee was sentenced to 4 years in prison. "The state prison system can let people out whenever they want, just because he was sentenced for four years doesn't mean corrections will keep him that long."
According to New York State law anyone convicted of a sex crime must have a hearing to determine how much supervision they be required to have.
"It's called a SORA (sexual offender registration act) hearing," Ferrarese explained, "[At a SORA hearing] the court may assign one of the following three risk levels: level one is a lower risk of repeat offense, level two is a moderate risk, and level three is high risk."
At Brazee's sexual offender registration act hearing, Ferrarese argued Brazee should be registered as a level two sex offender because his crimes showed a continuing pattern of criminal behavior.
At the time of Brazee's indictment, District Attorney Joseph McBride said, “He has a long criminal history since 1992." Ferrarese said Brazee's multiple sex crime convictions were part of the reason he should be a level two sex offender.
However, Brazee's attorney, Assistant Public Defender Zachary Wentworth, said his client should be considered a level one sex offender, and that a conviction from 26-years-ago should not be taken into consideration by the court. The older conviction, from 1992, occurred when Brazee was under the age of 18.
Prosecutors argue it implies a life-time pattern of criminal sexual acts.
Ferrarese said if Brazee is registered as a level two sex offender, individuals would be allowed to view his information on sex offender watch websites, he would be on the sex offender list, and he would be required to meet with police every three years for an updated mugshot.
At level two he would be required to comply with these restrictions for the rest of his life. A level one designation would be for 20 years.
"At level one, law enforcement has to know where you are, at level two, the public gets to know," said Ferrarese.
Chenango County Judge Frank Revoir Jr. said he will make a decision at a later date.
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