Convicted sex offender loses bid to reduce offense level
ALBANY, N.Y. » A former Ellenville resident convicted of felony sexual abuse lost an appeal Thursday of an Ulster County Court decision labeling him a risk level three offender.
Jonathan Bonner, 54, was convicted in January 2017 after he pleaded guilty to a felony charge of sexual abuse and was sentenced to a prison term of five years to be followed by 10 years of post-release supervision.
In anticipation of his release from prison, the Board of Examiners of Sex Offenders completed a risk assessment “assigning defendant a score of 90 points, which placed him in the risk level two category,” according to the state Supreme Court, Appellate Division, Third Department, decision handed down Thursday.
But the board applied an override based upon Bonner’s 1996 felony conviction for a sex crime and classified him instead as a risk level three sex offender. Following a hearing at which he sought a lower classification, Ulster County Court maintained the risk level three sex offender status and designated him as a sexually violent offender, according to Thursday’s ruling.
Bonner, who was eligible for release from prison in March, remains in custody, according to the state Department of Corrections and Community Supervision (DOCCS). “Bonner is currently in the Fishkill Residential Treatment Facility, pending identification of appropriate housing. At this time, he is scheduled to complete his post-releasesupervision on Dec. 3, 2029,” DOCCS said in an emailed statement Thursday.
On appeal, Bonner said the county court “abused its discretion in applying the presumptive override and failed to appropriately consider mitigating factors — including the remoteness in time of the prior felony sex conviction and his successful participation in substance abuse treatment while in prison — in denying his request for a downward departure to a risk level two sex offender classification,” the ruling states.
According to the court, while the risk level may be adjusted downward, case law has established that it is the defendant’s burden to prove that such a move is warranted.
“Contrary to defendant’s contention, County Court thoroughly addressed the mitigating factors prior to classifying him as a risk level three sex offender,” the appellate court wrote. “To that end, the court found that defendant’s prior felony sex conviction of sexual abuse in the first degree provided compelling evidence that he posed a serious risk to public safety and serious risk to reoffend. The court noted the similarities between the prior crime and the current crime, both of which involved violent and
predatory sexual acts perpetrated against teenage victims to whom he provided alcohol and marijuana.”
“As County Court explained its reasons for applying the presumptive override and thoroughly reviewed all mitigating factors, we find no abuse of discretion in the court classifying defendant as a risk level three sex offender,” the decision concluded.
On April 23, 2020, the appellate court upheld Bonner’s appeal of his conviction in a separate decision.
On appeal of his classification as a risk level three sex offender, Bonner was represented by Todd G. Monahan. Ulster County District Attorney David Clegg and Joan Gudesblatt Lamb represented the county.