S. 1389 2
S 2. Subdivisions 1 and 2 of section 168-c of the correction law, as
amended by chapter 11 of the laws of 2002, are amended to read as
follows:
1. In the case of any sex offender, it shall be the duty of the
department, hospital or local correctional facility at least ten calen-
dar days prior to the release or discharge of any sex offender from a
correctional facility, hospital or local correctional facility to notify
the division of the contemplated release or discharge of such sex offen-
der, informing the division in writing on a form provided by the divi-
sion indicating the address at which he or she proposes to reside and
the name and address of any institution of higher education at which he
or she expects to be enrolled, attending or employed, whether for
compensation or not, and whether he or she resides in or will reside in
a facility owned or operated by such institution, AND THE SEX OFFENDER'S
EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT. If such sex
offender changes his or her place of residence while on parole, such
notification of the change of residence shall be sent by the sex
offender's parole officer within forty-eight hours to the division on a
form provided by the division. If such sex offender changes the status
of his or her enrollment, attendance, employment or residence at any
institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF
EMPLOYMENT while on parole, such notification of the change of status
shall be sent by the sex offender's parole officer within forty-eight
hours to the division on a form provided by the division.
2. In the case of any sex offender on probation, it shall be the duty
of the sex offender's probation officer to notify the division within
forty-eight hours of the new place of residence on a form provided by
the division. If such sex offender changes the status of his or her
enrollment, attendance, employment or residence at any institution of
higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT while on
probation, such notification of the change of status shall be sent by
the sex offender's probation officer within forty-eight hours to the
division on a form provided by the division.
S 3. Subdivision 2 of section 168-d of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
2. Any sex offender, who is released on probation or discharged upon
payment of a fine, conditional discharge or unconditional discharge
shall, prior to such release or discharge, be informed of his or her
duty to register under this article by the court in which he or she was
convicted. At the time sentence is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender to read and sign such form and to
complete the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or employed, whether for compensation or not, and whether he or she
expects to reside in a facility owned or operated by such an institu-
tion, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF
EMPLOYMENT, and shall report such information to the division. The court
shall give one copy of the form to the sex offender and shall send two
copies to the division which shall forward the information to the law
enforcement agencies having jurisdiction. The court shall also notify
the district attorney and the sex offender of the date of the determi-
nation proceeding to be held pursuant to subdivision three of this
section, which shall be held at least forty-five days after such notice
S. 1389 3
is given. This notice shall include the following statement or a
substantially similar statement: "This proceeding is being held to
determine whether you will be classified as a level 3 offender (risk of
repeat offense is high), a level 2 offender (risk of repeat offense is
moderate), or a level 1 offender (risk of repeat offense is low), or
whether you will be designated as a sexual predator, a sexually violent
offender or a predicate sex offender, which will determine how long you
must register as a sex offender and how much information can be provided
to the public concerning your registration. If you fail to appear at
this proceeding, without sufficient excuse, it shall be held in your
absence. Failure to appear may result in a longer period of registration
or a higher level of community notification because you are not present
to offer evidence or contest evidence offered by the district attorney."
The court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has the
right to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable to retain counsel. If
the sex offender applies for assignment of counsel to represent him or
her at the hearing and counsel was not previously assigned to represent
the sex offender in the underlying criminal action, the court shall
determine whether the offender is financially unable to retain counsel.
If such a finding is made, the court shall assign counsel to represent
the sex offender pursuant to article eighteen-B of the county law. Where
the court orders a sex offender released on probation, such order must
include a provision requiring that he or she comply with the require-
ments of this article. Where such sex offender violates such provision,
probation may be immediately revoked in the manner provided by article
four hundred ten of the criminal procedure law.
S 4. Subdivision 1 of section 168-e of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
1. Any sex offender, to be discharged, paroled, released to post-re-
lease supervision or released from any state or local correctional
facility, hospital or institution where he or she was confined or
committed, shall at least fifteen calendar days prior to discharge,
parole or release, be informed of his or her duty to register under this
article, by the facility in which he or she was confined or committed.
The facility shall require the sex offender to read and sign such form
as may be required by the division stating the duty to register and the
procedure for registration has been explained to him or her and to
complete the registration portion of such form. The facility shall
obtain on such form the address where the sex offender expects to reside
upon his or her discharge, parole or release and the name and address of
any institution of higher education he or she expects to be employed by,
enrolled in, attending or employed, whether for compensation or not, and
whether he or she expects to reside in a facility owned or operated by
such an institution, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR
EXPECTED PLACE OF EMPLOYMENT, and shall report such information to the
division. The facility shall give one copy of the form to the sex offen-
der, retain one copy and shall send one copy to the division which shall
provide the information to the law enforcement agencies having jurisdic-
tion. The facility shall give the sex offender a form prepared by the
division, to register with the division at least fifteen calendar days
prior to release and such form shall be completed, signed by the sex
offender and sent to the division by the facility at least ten days
prior to the sex offender's release or discharge.
S. 1389 4
S 5. Subdivisions 2 and 4 of section 168-f of the correction law,
subdivision 2 as added by chapter 192 of the laws of 1995, paragraph
(b-1) of subdivision 2 as amended by chapter 532 of the laws of 2011,
paragraphs (b-2), (b-3) and (c-1) of subdivision 2 as added by section 2
of part O of chapter 56 of the laws of 2005, paragraph (c) of subdivi-
sion 2 as amended by chapter 453 of the laws of 1999 and subdivision 4
as amended by chapter 67 of the laws of 2008, are amended to read as
follows:
2. For a sex offender required to register under this article on each
anniversary of the sex offender's initial registration date during the
period in which he OR SHE is required to register under this section the
following applies:
(a) The sex offender shall mail the verification form to the division
within ten calendar days after receipt of the form.
(b) The verification form shall be signed by the sex offender, and
state that he OR SHE still resides at the address last reported to the
division[.
(b-1) If the sex offender has been given a level two or three desig-
nation, such offender shall sign the verification form, and state that
he or she] AND still is employed at the address last reported to the
division.
[(b-2)] (B-1) If the sex offender has been given a level three desig-
nation, he or she shall personally appear at the law enforcement agency
having jurisdiction within [twenty days of the first anniversary] THREE
MONTHS of the sex offender's initial registration and every [year] THREE
MONTHS thereafter during the period of registration for the purpose of
providing a current photograph of such offender. The law enforcement
agency having jurisdiction shall photograph the sex offender and shall
promptly forward a copy of such photograph to the division. For purposes
of this paragraph, if such sex offender is confined in a state or local
correctional facility, the local law enforcement agency having jurisdic-
tion shall be the warden, superintendent, sheriff or other person in
charge of the state or local correctional facility.
[(b-3)] (B-2) If the sex offender has been given a [level one or]
level two designation, he or she shall personally appear at the law
enforcement agency having jurisdiction within [twenty days of the third
anniversary] SIX MONTHS of the sex offender's initial registration and
every [three years] SIX MONTHS thereafter during the period of registra-
tion for the purpose of providing a current photograph of such offender.
The law enforcement agency having jurisdiction shall photograph the sex
offender and shall promptly forward a copy of such photograph to the
division. For purposes of this paragraph, if such sex offender is
confined in a state or local correctional facility, the local law
enforcement agency having jurisdiction shall be the warden, superinten-
dent, sheriff or other person in charge of the state or local correc-
tional facility.
(B-3) IF THE SEX OFFENDER HAS BEEN GIVEN A LEVEL ONE DESIGNATION, HE
OR SHE SHALL PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WITHIN TWENTY DAYS OF THE FIRST ANNIVERSARY OF THE SEX
OFFENDER'S INITIAL REGISTRATION AND EVERY YEAR THEREAFTER DURING THE
PERIOD OF REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH
OF SUCH OFFENDER. THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL
PHOTOGRAPH THE SEX OFFENDER AND SHALL PROMPTLY FORWARD A COPY OF SUCH
PHOTOGRAPH TO THE DIVISION. FOR THE PURPOSES OF THIS PARAGRAPH, IF SUCH
SEX OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY, THE
LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE WARDEN,
S. 1389 5
SUPERINTENDENT, SHERIFF OR OTHER PERSON IN CHARGE OF THE STATE OR LOCAL
CORRECTIONAL FACILITY.
(c) If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form, he or
she shall be in violation of this section unless he proves that he or
she has not changed his or her residence address.
(c-1) If the sex offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph [b] (B) of subdivision one
of section one hundred sixty-eight-b of this article, fails to
personally appear at the law enforcement agency having jurisdiction, as
provided in paragraph (B-1), (b-2) or (b-3) of this subdivision[, within
twenty days of the anniversary of the sex offender's initial registra-
tion], or an alternate later date scheduled by the law enforcement agen-
cy having jurisdiction, he or she shall be in violation of this section.
The duty to personally appear for such updated photograph shall be
temporarily suspended during any period in which the sex offender is
confined in any hospital or institution, and such sex offender shall
personally appear for such updated photograph no later than ninety days
after release from such hospital or institution, or an alternate later
date scheduled by the law enforcement agency having jurisdiction.
4. Any sex offender shall register with the division no later than
[ten calendar] THREE BUSINESS days after any change of NAME OR address,
internet accounts with internet access providers belonging to such
offender, internet identifiers that such offender uses, or his or her
status of enrollment, attendance, employment or residence at any insti-
tution of higher education. THE SEX OFFENDER SHALL ALSO PERSONALLY
APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN THREE
BUSINESS DAYS AFTER ANY CHANGE OF NAME OR ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY
INSTITUTION OF HIGHER EDUCATION AND PROVIDE SUCH INFORMATION TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION. A fee of ten dollars, as author-
ized by subdivision eight of section one hundred sixty-eight-b of this
article, shall be submitted by the sex offender each time such offender
registers any change of NAME OR address or any change of his or her
status of enrollment, attendance, employment or residence at any insti-
tution of higher education. Any failure or omission to submit the
required fee shall not affect the acceptance by the division of the
change of address or change of status.
S 6. Subdivisions 4 and 5 of section 168-j of the correction law, as
added by chapter 11 of the laws of 2002, are amended to read as follows:
4. Upon receipt of a change in the status of the enrollment, attend-
ance, employment or residence at an institution of higher education, OR
EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to
register under this article, the division shall notify each law enforce-
ment agency having jurisdiction which is affected by such change.
5. Upon receipt of change in the status of the enrollment, attendance,
employment or residence at an institution of higher education, OR
EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to
register under this article, each law enforcement agency having juris-
diction shall adhere to the notification provisions set forth in subdi-
vision six of section one hundred sixty-eight-l of this article.
S 7. Subdivision 2 of section 168-k of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
2. The division shall advise the board that the sex offender has
established residence in this state. The board shall determine whether
the sex offender is required to register with the division. If it is
S. 1389 6
determined that the sex offender is required to register, the division
shall notify the sex offender of his or her duty to register under this
article and shall require the sex offender to sign a form as may be
required by the division acknowledging that the duty to register and the
procedure for registration has been explained to the sex offender. The
division shall obtain on such form the address where the sex offender
expects to reside within the state AND SUCH ADDITIONAL INFORMATION AS
THE DIVISION MAY REQUIRE, and the sex offender shall retain one copy of
the form and send two copies to the division which shall provide the
information to the law enforcement agency having jurisdiction where the
sex offender expects to reside within this state. No later than thirty
days prior to the board making a recommendation, the sex offender shall
be notified that his or her case is under review and that he or she is
permitted to submit to the board any information relevant to the review.
After reviewing any information obtained, and applying the guidelines
established in subdivision five of section one hundred sixty-eight-l of
this article, the board shall within sixty calendar days make a recom-
mendation regarding the level of notification pursuant to subdivision
six of section one hundred sixty-eight-l of this article and whether
such sex offender shall be designated a sexual predator, sexually
violent offender, or predicate sex offender as defined in subdivision
seven of section one hundred sixty-eight-a of this article. This recom-
mendation shall be confidential and shall not be available for public
inspection. It shall be submitted by the board to the county court or
supreme court and to the district attorney in the county of residence of
the sex offender and to the sex offender. It shall be the duty of the
county court or supreme court in the county of residence of the sex
offender, applying the guidelines established in subdivision five of
section one hundred sixty-eight-l of this article, to determine the
level of notification pursuant to subdivision six of section one hundred
sixty-eight-l of this article and whether such sex offender shall be
designated a sexual predator, sexually violent offender, or predicate
sex offender as defined in subdivision seven of section one hundred
sixty-eight-a of this article. At least thirty days prior to the deter-
mination proceeding, such court shall notify the district attorney and
the sex offender, in writing, of the date of the determination proceed-
ing and the court shall also provide the district attorney and sex
offender with a copy of the recommendation received from the board and
any statement of the reasons for the recommendation received from the
board. This notice shall include the following statement or a substan-
tially similar statement: "This proceeding is being held to determine
whether you will be classified as a level 3 offender (risk of repeat
offense is high), a level 2 offender (risk of repeat offense is moder-
ate), or a level 1 offender (risk of repeat offense is low), or whether
you will be designated as a sexual predator, a sexually violent offender
or a predicate sex offender, which will determine how long you must
register as a sex offender and how much information can be provided to
the public concerning your registration. If you fail to appear at this
proceeding, without sufficient excuse, it shall be held in your absence.
Failure to appear may result in a longer period of registration or a
higher level of community notification because you are not present to
offer evidence or contest evidence offered by the district attorney."
The court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has the
right to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable to retain counsel. A
S. 1389 7
returnable form shall be enclosed in the court's notice to the sex
offender on which the sex offender may apply for assignment of counsel.
If the sex offender applies for assignment of counsel and the court
finds that the offender is financially unable to retain counsel, the
court shall assign counsel to represent the sex offender pursuant to
article eighteen-B of the county law. If the district attorney seeks a
determination that differs from the recommendation submitted by the
board, at least ten days prior to the determination proceeding the
district attorney shall provide to the court and the sex offender a
statement setting forth the determinations sought by the district attor-
ney together with the reasons for seeking such determinations. The court
shall allow the sex offender to appear and be heard. The state shall
appear by the district attorney, or his or her designee, who shall bear
the burden of proving the facts supporting the determinations sought by
clear and convincing evidence. It shall be the duty of the court apply-
ing the guidelines established in subdivision five of section one
hundred sixty-eight-l of this article to determine the level of notifi-
cation pursuant to subdivision six of section one hundred sixty-eight-l
of this article and whether such sex offender shall be designated a
sexual predator, sexually violent offender, or predicate sex offender as
defined in subdivision seven of section one hundred sixty-eight-a of
this article. Where there is a dispute between the parties concerning
the determinations, the court shall adjourn the hearing as necessary to
permit the sex offender or the district attorney to obtain materials
relevant to the determinations from the state board of examiners of sex
offenders or any state or local facility, hospital, institution, office,
agency, department or division. Such materials may be obtained by
subpoena if not voluntarily provided to the requesting party. In making
the determinations the court shall review any victim's statement and any
relevant materials and evidence submitted by the sex offender and the
district attorney and the recommendation and any material submitted by
the board, and may consider reliable hearsay evidence submitted by
either party, provided that it is relevant to the determinations. If
available, facts proven at trial or elicited at the time of a plea of
guilty shall be deemed established by clear and convincing evidence and
shall not be relitigated. The court shall render an order setting forth
its determinations and the findings of fact and conclusions of law on
which the determinations are based. A copy of the order shall be submit-
ted by the court to the division. Upon application of either party, the
court shall seal any portion of the court file or record which contains
material that is confidential under any state or federal statute. Either
party may appeal as of right from the order pursuant to the provisions
of articles fifty-five, fifty-six and fifty-seven of the civil practice
law and rules. Where counsel has been assigned to represent the sex
offender upon the ground that the sex offender is financially unable to
retain counsel, that assignment shall be continued throughout the
pendency of the appeal, and the person may appeal as a poor person
pursuant to article eighteen-B of the county law.
S 8. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraph (a) as amended by chapter 106 of the laws
of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
paragraph (c) as separately amended by chapters 318 and 680 of the laws
of 2005, are amended to read as follows:
(a) If the risk of repeat offense is low, a level one designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
S. 1389 8
agencies having had jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information which may
include a photograph and description of the offender and which may
include the name of the sex offender, approximate address based on sex
offender's zip code, background information including the offender's
crime of conviction, modus of operation, type of victim targeted, the
name and address of any institution of higher education at which the sex
offender is enrolled, attends, is employed or resides and the
description of special conditions imposed on the offender to any entity
with vulnerable populations related to the nature of the offense commit-
ted by such sex offender. Any entity receiving information on a sex
offender may disclose or further disseminate such information at its
discretion. IN ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN
SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE SHALL ALSO BE PROVIDED
IN THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON REQUEST, BE MADE
AVAILABLE TO THE PUBLIC.
(b) If the risk of repeat offense is moderate, a level two designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information which shall
include a photograph and description of the offender and which may
include the exact name and any aliases used by the sex offender, exact
address, background information including the offender's crime of
conviction, mode of operation, type of victim targeted, the name and
address of any institution of higher education at which the sex offender
is enrolled, attends, is employed or resides and the description of
special conditions imposed on the offender to any entity with vulnerable
populations related to the nature of the offense committed by such sex
offender. Any entity receiving information on a sex offender may
disclose or further disseminate such information at its discretion. In
addition, in such case, the information described [herein] IN SECTION
ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE shall also be provided in the
subdirectory established in this article and notwithstanding any other
provision of law, such information shall, upon request, be made avail-
able to the public.
Such law enforcement agencies shall compile, maintain and update a
listing of vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level two sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to:
superintendents of schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private school
bus transportation companies, day care centers, nursery schools, pre-
schools, neighborhood watch groups, community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
(c) If the risk of repeat offense is high and there exists a threat to
the public safety a level three designation shall be given to such sex
offender. In such case, the law enforcement agency or agencies having
jurisdiction and the law enforcement agency or agencies having had
jurisdiction at the time of his or her conviction shall be notified and
may disseminate relevant information which shall include a photograph
and description of the offender and which may include the sex offender's
exact name and any aliases used by the offender, exact address, address
of the offender's place of employment, background information including
S. 1389 9
the offender's crime of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides and
the description of special conditions imposed on the offender to any
entity with vulnerable populations related to the nature of the offense
committed by such sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion. In addition, in such case, the information described [here-
in] IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE shall also be
provided in the subdirectory established in this article and notwith-
standing any other provision of law, such information shall, upon
request, be made available to the public.
Such law enforcement agencies shall compile, maintain and update a
listing of vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level three sex offenders pursuant to
this paragraph. Such listing shall include and not be limited to:
superintendents of schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private school
bus transportation companies, day care centers, nursery schools, pre-
schools, neighborhood watch groups, community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
S 9. Subdivision 1 of section 168-q of the correction law, as amended
by chapter 532 of the laws of 2011, is amended to read as follows:
1. The division shall maintain a subdirectory of [level two and three]
sex offenders. The subdirectory shall include [the exact address,
address of the offender's place of employment and photograph of the sex
offender along with the following information, if available: name, phys-
ical description, age and distinctive markings. Background information
including the sex offender's crime of conviction, modus of operation,
type of victim targeted, the name and address of any institution of
higher education at which the sex offender is enrolled, attends, is
employed or resides and a description of special conditions imposed on
the sex offender shall also be included] ALL REGISTRATION INFORMATION
MAINTAINED BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B
OF THIS ARTICLE, PROVIDED THAT THE SUBDIRECTORY SHALL NOT INCLUDE THE
IDENTITY OF THE VICTIM OF A SEX OFFENSE, THE SOCIAL SECURITY NUMBER OF
THE SEX OFFENDER OR ANY REFERENCE TO ARRESTS OF THE SEX OFFENDER THAT
DID NOT RESULT IN A CONVICTION. The subdirectory shall have sex offen-
der listings categorized by county and zip code. Such subdirectory shall
be made available at all times on the internet via the division home-
page. Any person may apply to the division to receive automated e-mail
notifications whenever a new or updated subdirectory registration occurs
in a geographic area specified by such person. The division shall
furnish such service at no charge to such person, who shall request
e-mail notification by county and/or zip code on forms developed and
provided by the division. E-mail notification is limited to three
geographic areas per e-mail account.
S 10. Section 168-t of the correction law, as amended by chapter 373
of the laws of 2007, is amended to read as follows:
S 168-t. Penalty. Any sex offender required to register or to verify
pursuant to the provisions of this article who fails to register or
verify in the manner and within the time periods provided for in this
article [shall be guilty of a class E felony upon conviction for the
first offense, and upon conviction for a second or subsequent offense
shall be guilty of a class D felony. Any sex offender] OR who violates
S. 1389 10
the provisions of section one hundred sixty-eight-v of this article
shall be guilty of a class [A misdemeanor upon conviction for the first
offense, and upon conviction for a second or subsequent offense shall be
guilty of a class] D felony. Any such failure to register or verify may
also be the basis for revocation of parole pursuant to section two
hundred fifty-nine-i of the executive law or the basis for revocation of
probation pursuant to article four hundred ten of the criminal procedure
law.
S 11. This act shall take effect on the first of November next
succeeding the date on which it shall have become a law, and shall apply
to all sex offenders registered or required to register immediately
prior to the effective date of this act, and to all sex offenders
required to register on or after such effective date.