OGDENSBURG — A registered violent sex offender is facing three new charges after being arrested this week on warrants issued by Ogdensburg City Court.
Kenneth P. Fisher, 52, was charged by city police Monday afternoon with failure to report for an annual photograph, failure to register a change of address within 10 days and failure to verify an address within 90 days. Failure to comply with any state Sex Offender Registration Act requirements, including periodic verification and changes of address, is a felony.
Fisher’s sex offender status stems from the March 1990 rape of an 8-year-old girl in Texas. His offenses, according to his New York registration through the state Division of Criminal Justice Services, include sexual intercourse, deviate sexual intercourse and sexual contact, all designated as actual and more-than-once acts against the victim, who was not a stranger to Fisher. He was sentenced to 10 years in a Texas state prison after being convicted on June 21, 1990.
More than 160 registered sex offenders — in addition to sex offenders serving time at Riverview and Ogdensburg Correctional Facilities — currently reside in the city of Ogdensburg. Not including those incarcerated or in custody, 487 registered sex offenders reside in St. Lawrence County as of Jan. 5. A total of 42,320, including those incarcerated and in custody, are registered statewide.
In St. Lawrence County, Fisher was previously jailed in April 2014 for similar failure to comply charges. He was again charged with failure to register a change of address following his release from county jail in December of that year.
Fisher pleaded guilty to felony fifth-degree criminal sale of a controlled substance in August 2015, for selling methamphetamine in Ogdensburg a year earlier.
At the time of that plea, Fisher was placed on interim probation, but was subsequently sentenced to one year in county jail after violating the interim probation terms. The court found he changed his residence without permission, submitted a urine sample to probation that tested positive for alcohol and failed to report to probation twice.
Based on an assessment from the state Board of Examiners of Sex Offenders, an offender’s risk is indicated by one of three levels, typically at the time of sentencing for an in-state conviction during a Sex Offender Registration Act hearing or upon transfer from another state.
During a SORA hearing, the level of risk — Level 1, low; Level 2, moderate; and Level 3, high — is determined by a point system, with points assessed for different categories. Categories include the use of force, weapons, alcohol or drugs, the victim’s age, number of victims, relationship to the victim or any injury of the victim, among other factors.
Each level may also carry a designation — sexual predator, sexually violent offender or predicate sex offender. Fisher is a Level 3 sexually violent offender, and is required to register for life.
Level 1 and 2 offenders must report to be photographed at an assigned law enforcement agency every three years. For Level 3 offenders, that photograph requirement is annual. All offenders must submit, in writing, a new address within 10 days of moving, and any internet service providers, screen names and email accounts must be reported in annual filings.
Level 3 offenders and offenders with a sexual predator designation are additionally required to verify their address with law enforcement in person every 90 days, though in-person exceptions are made when an offender is incarcerated or hospitalized. The Ogdensburg City Police Department, Fisher’s assigned law enforcement agency based on residency, may also photograph any Level 3 offender whose appearance has changed.
Level 2 and 3 offenders must also report an employer’s address.
Fisher was released this week under probation supervision.