S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8916

                          I N  A S S E M B L Y

                            February 28, 2014
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Correction

AN ACT to amend the penal law and the correction  law,  in  relation  to
  enacting "Brittany's Law - Domestic Violence Protection Act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Brittany's Law
- Domestic Violence Protection Act".
  S 2. The penal law is amended by adding two new  sections  195.03  and
195.04 to read as follows:
S 195.03 FAILURE  TO  REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN
           THE SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
NY OFFENDER IN THE SECOND DEGREE WHEN, BEING A VIOLENT  FELONY  OFFENDER
REQUIRED  TO  REGISTER  OR  VERIFY  PURSUANT  TO  ARTICLE  SIX-B  OF THE
CORRECTION LAW, HE OR SHE FAILS TO REGISTER OR VERIFY IN THE MANNER  AND
WITHIN THE TIME PERIODS PROVIDED FOR IN SUCH ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
SECOND DEGREE IS A CLASS E FELONY.
S 195.04 FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY  OFFENDER  IN
           THE FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELO-
NY  OFFENDER  IN  THE  FIRST  DEGREE WHEN HE OR SHE COMMITS THE CRIME OF
FAILURE TO REGISTER OR VERIFY AS A VIOLENT FELONY OFFENDER IN THE SECOND
DEGREE AND HAS PREVIOUSLY BEEN CONVICTED OF FAILURE TO REGISTER OR VERI-
FY AS A VIOLENT FELONY OFFENDER IN  THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 195.03 OF THIS ARTICLE.
  FAILURE  TO  REGISTER  OR  VERIFY  AS A VIOLENT FELONY OFFENDER IN THE
FIRST DEGREE IS A CLASS D FELONY.
  S 3. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162.   DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD05648-08-4

A. 8916                             2

        163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165.   DUTIES OF THE COURT.
        166.   DISCHARGE  OF  VIOLENT  FELONY OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167.   DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                 OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
        167-Q. SUBDIRECTORY; INTERNET POSTING.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT  FELONY  OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW
OR A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A  CLASS
A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL

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VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
AND SAFETY OF OTHER PERSONS.
  8.  "BOARD"  MEANS  THE BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS  ARTI-
CLE.
  9.  "LOCAL  CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  S  163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVI-
SION SHALL ESTABLISH AND MAINTAIN A  FILE  OF  INDIVIDUALS  REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE VIOLENT FELONY OFFENDER'S NAME,  ALL  ALIASES  USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY  AVAILABLE  TO  ANY
REGIONAL  OR  NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS  OF  THIS
ARTICLE.  THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
MENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH AND OPERATE A TELEPHONE NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6.  THE  DIVISION SHALL ALSO ESTABLISH A VIOLENT PREDATOR SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S  164.  VIOLENT  FELONY OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM  A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE APPROPRIATE, AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION, OF THE CONTEMPLATED RELEASE OR  DISCHARGE  OF  SUCH  VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES  OF  THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE OR SHE
PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT  THE  TIME
OF  HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF
ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE  NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME  A  COPY  OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE,  SUCH

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NOTIFICATION  OF  THE  CHANGE  OF RESIDENCE SHALL BE SENT BY THE VIOLENT
FELONY OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT  HOURS  TO  THE  LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2.  IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  WHERE  APPROPRI-
ATE,  AND  OF  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE
TIME OF HIS OR HER  CONVICTION,  IF  DIFFERENT  FROM  WHERE  HE  OR  SHE
CURRENTLY  RESIDES,  AND/OR  WHERE  HE  OR SHE CURRENTLY RESIDES, OF THE
SENTENCE OF PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE,
INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND ALIASES  OF  THE
PERSON,  THE  ADDRESS  AT WHICH HE OR SHE PROPOSES TO RESIDE, RESIDED AT
AND/OR AT WHICH HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF  TIME  TO  BE
SERVED ON PROBATION, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS
SENTENCED,  TRANSMITTING  AT THE SAME TIME A COPY OF SUCH VIOLENT FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE  WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY  THE  VIOLENT  FELONY OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3. IN THE CASE OF ANY VIOLENT FELONY OFFENDER, WHO  ON  THE  EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF  SUCH  VIOLENT  FELONY  OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN
FORTY-FIVE CALENDAR DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION  TO
NOTIFY  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH SUCH
PERSON RESIDED AT THE TIME OF HIS OR HER CONVICTION, IF  DIFFERENT  FROM
WHERE  HE  OR  SHE  CURRENTLY  RESIDES  AND/OR WHERE HE OR SHE CURRENTLY
RESIDES, OF THE NAME AND ALIASES OF SUCH VIOLENT  FELONY  OFFENDER,  THE
ADDRESS  AT  WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR SHE CURRENTLY
RESIDES, THE AMOUNT OF TIME TO BE SERVED ON  PAROLE  OR  PROBATION,  THE
NATURE  OF  THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
THE SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS  AND
PHOTOGRAPH  AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN  FORTY-
EIGHT  HOURS  TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4. IN THE CASE IN WHICH ANY VIOLENT FELONY  OFFENDER  ESCAPES  FROM  A
STATE  OR  LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI-
CIAL OF THE FACILITY OR HOSPITAL WHERE THE  PERSON  WAS  CONFINED  SHALL
NOTIFY  WITHIN  TWENTY-FOUR  HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD
JURISDICTION AT THE TIME OF HIS OR HER CONVICTION,  INFORMING  SUCH  LAW
ENFORCEMENT  AGENCY  OF  THE  NAME  AND  ALIASES  OF THE PERSON, AND THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE AMOUNT OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL  TERM  FOR
WHICH  HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE
OR SHE WAS SENTENCED, TRANSMITTING AT THE  SAME  TIME  A  COPY  OF  SUCH
VIOLENT  FELONY  OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT THE PERSON IS A VIOLENT  FELONY  OFFENDER  AND  SHALL  INCLUDE  THE
CERTIFICATION  IN  THE  ORDER OF COMMITMENT. THE COURT SHALL ALSO ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.

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  2. ANY VIOLENT FELONY  OFFENDER,  WHO  IS  RELEASED  ON  PROBATION  OR
DISCHARGED  UPON  PAYMENT  OF  A  FINE  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. WHERE THE COURT ORDERS  A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION  REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE. WHERE SUCH VIOLENT FELONY  OFFENDER  VIOLATES  SUCH  PROVISION,
PROBATION  MAY  BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE
FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL  REQUIRE
THE  VIOLENT  FELONY  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. THE COURT SHALL ON
SUCH FORM OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY  OFFENDER  EXPECTS
TO  RESIDE  UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS TO THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY OFFENDER AND SHALL SEND  TWO  COPIES  TO  THE  DIVISION  WHICH  SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE  VIOLENT  FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER RELEASE.
WITHIN TEN CALENDAR DAYS OF BEING RELEASED ON  PROBATION  OR  DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
THE  DIVISION  FOR  PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S
INTENDED PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT  FELONY
OFFENDER'S  ORIGINAL  REGISTRATION  DATE,  THE PROVISIONS OF SECTION ONE
HUNDRED SIXTY-SEVEN OF THIS ARTICLE SHALL APPLY.    THE  DIVISION  SHALL
ALSO  IMMEDIATELY  FORWARD  THE  CONVICTION DATA AND FINGERPRINTS TO THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3. FOR VIOLENT FELONY OFFENDERS UNDER THIS SECTION, IT  SHALL  BE  THE
DUTY  OF  THE  COURT  APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE  TO  DETERMINE
THE  DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEV-
EN-B OF THIS ARTICLE AND NOTIFICATION PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.  IN MAKING THE DETER-
MINATION,  THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERI-
ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW
THE VIOLENT FELONY OFFENDER TO APPEAR  AND  BE  HEARD,  AND  INFORM  THE
VIOLENT  FELONY  OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED,
IF NECESSARY.
  S 166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL  FACILI-
TY;  DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO BE
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL WITHIN FORTY-FIVE 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 VIOLENT FELONY OFFENDER TO READ AND  SIGN
SUCH  FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE FACILITY SHALL OBTAIN ON SUCH FORM THE  ADDRESS  WHERE  THE  VIOLENT
FELONY  OFFENDER  EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL  SEND
TWO  COPIES  TO  THE  DIVISION  WHICH  SHALL FORWARD ONE COPY TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION, THE FACILITY SHALL GIVE THE VIOLENT  FELONY  OFFENDER  A  FORM  TO

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REGISTER  WITH  THE  DIVISION  WITHIN  TEN CALENDAR DAYS FOR PURPOSES OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-
TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A)  THE  VIOLENT  FELONY 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 VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.
  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE
OR SHE SHALL BE IN VIOLATION OF THIS SECTION.
  3.  THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED
TO A VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  IT  SHALL
BE  THE DUTY OF THE SENTENCING COURT APPLYING THE GUIDELINES ESTABLISHED
IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE
TO DETERMINE THE  DURATION  OF  REGISTRATION  PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-SEVEN-B  OF  THIS  ARTICLE  AND  NOTIFICATION PURSUANT TO
SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE AND
NOTIFICATION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE
OF THIS ARTICLE IS THEN ON PAROLE OR PROBATION FOR COMMITTING A  VIOLENT
FELONY  OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR
A CLASS A OFFENSE DEFINED IN ARTICLE TWO HUNDRED  TWENTY  OF  THE  PENAL
LAW.

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  2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT
PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S 167-C. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED  BY  THIS
ARTICLE  SHALL  CONSIST  OF A STATEMENT IN WRITING SIGNED BY THE VIOLENT
FELONY OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE  DIVISION
AND  THE  DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELEC-
TRONIC DATABASE OR FILE.
  S 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A VIOLENT FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT AGENCY WHERE THE VIOLENT  FELONY  OFFENDER  LAST  REGISTERED  SHALL
WITHIN  THREE  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS
INFORMATION TO THE DIVISION AND TO  THE  LOCAL  LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER  UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO
THE APPROPRIATE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  WHERE  THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S  167-E.  REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. 1. A
VIOLENT FELONY OFFENDER WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE  WHICH
REQUIRES  REGISTRATION  UNDER  SECTION ONE HUNDRED SIXTY-SEVEN-C OF THIS
ARTICLE SHALL REGISTER THE NEW ADDRESS WITH THE DIVISION NO  LATER  THAN
TEN  CALENDAR  DAYS AFTER SUCH VIOLENT FELONY OFFENDER ESTABLISHES RESI-

A. 8916                             8

DENCE IN THIS STATE. THE DIVISION SHALL COORDINATE WITH  THE  DESIGNATED
LAW  ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  2.  THE  DIVISION  SHALL ADVISE THE BOARD THAT THE OFFENDER HAS ESTAB-
LISHED RESIDENCE IN THIS STATE. THE BOARD SHALL  DETERMINE  WHETHER  THE
OFFENDER  IS REQUIRED TO REGISTER WITH THE DIVISION. IF IT IS DETERMINED
THAT THE OFFENDER IS REQUIRED TO REGISTER, THE DIVISION SHALL NOTIFY THE
OFFENDER OF HIS OR HER DUTY TO REGISTER UNDER  THIS  ARTICLE  AND  SHALL
REQUIRE  THE  OFFENDER TO SIGN A FORM AS MAY BE REQUIRED BY THE DIVISION
ACKNOWLEDGING THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR  REGISTRA-
TION  HAS  BEEN  EXPLAINED TO THE OFFENDER. THE DIVISION SHALL OBTAIN ON
SUCH FORM THE ADDRESS WHERE THE OFFENDER EXPECTS TO  RESIDE  WITHIN  THE
STATE  AND  THE  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 OFFENDER EXPECTS TO
RESIDE WITHIN THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO  THE  BOARD
MAKING  A RECOMMENDATION, THE 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 INFOR-
MATION  OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
FIVE OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF  THIS  ARTICLE,  THE  BOARD
SHALL  WITHIN  SIXTY  CALENDAR  DAYS MAKE A RECOMMENDATION REGARDING THE
LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED
SIXTY-SEVEN-F OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE  DESIG-
NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  THIS RECOMMENDA-
TION  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  OFFENDER  AND  TO  THE OFFENDER. IT SHALL BE THE DUTY OF THE COUNTY
COURT OR SUPREME COURT IN THE  COUNTY  OF  RESIDENCE  OF  THE  OFFENDER,
APPLYING  THE  GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION ONE
HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE, TO DETERMINE THE LEVEL OF NOTIFI-
CATION PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED  SIXTY-SEVEN-F
OF  THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIGNATED A VIOLENT
FELONY OFFENDER OR A VIOLENT PREDATOR.  AT LEAST THIRTY  DAYS  PRIOR  TO
THE  DETERMINATION  PROCEEDING,  SUCH  COURT  SHALL  NOTIFY THE DISTRICT
ATTORNEY AND THE OFFENDER, IN WRITING, OF THE DATE OF THE  DETERMINATION
PROCEEDING  AND  THE  COURT SHALL ALSO PROVIDE THE DISTRICT ATTORNEY AND
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 VIOLENT FELONY OFFENDER OR A VIOLENT PREDA-
TOR, WHICH WILL DETERMINE HOW LONG YOU MUST REGISTER AS AN OFFENDER  AND
HOW  MUCH  INFORMATION  CAN  BE  PROVIDED  TO THE PUBLIC CONCERNING YOUR
REGISTRATION. IF YOU FAIL TO APPEAR AT THIS PROCEEDING,  WITHOUT  SUFFI-
CIENT  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  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

A. 8916                             9

IS  FINANCIALLY  UNABLE  TO  RETAIN  COUNSEL. A RETURNABLE FORM SHALL BE
ENCLOSED IN THE COURT'S NOTICE TO THE OFFENDER ON WHICH THE OFFENDER MAY
APPLY FOR ASSIGNMENT OF COUNSEL.  IF THE 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
OFFENDER  PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF  THE  COUNTY LAW. IF THE
DISTRICT ATTORNEY SEEKS A DETERMINATION THAT DIFFERS FROM THE  RECOMMEN-
DATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO THE DETERMI-
NATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO THE  COURT  AND
THE  OFFENDER A STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE
DISTRICT ATTORNEY TOGETHER WITH THE REASONS FOR  SEEKING  SUCH  DETERMI-
NATIONS.  THE COURT SHALL ALLOW THE 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 APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE OF SECTION
ONE  HUNDRED  SIXTY-SEVEN-F  OF  THIS  ARTICLE TO DETERMINE THE LEVEL OF
NOTIFICATION  PURSUANT  TO  SUBDIVISION  SIX  OF  SECTION  ONE   HUNDRED
SIXTY-SEVEN-F  OF THIS ARTICLE AND WHETHER SUCH OFFENDER SHALL BE DESIG-
NATED A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR.  WHERE THERE IS A
DISPUTE BETWEEN THE PARTIES CONCERNING  THE  DETERMINATIONS,  THE  COURT
SHALL  ADJOURN  THE  HEARING  AS NECESSARY TO PERMIT THE OFFENDER OR THE
DISTRICT ATTORNEY TO OBTAIN MATERIALS  RELEVANT  TO  THE  DETERMINATIONS
FROM  THE  STATE  BOARD  OF EXAMINERS OF 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 OFFENDER AND THE DISTRICT ATTORNEY AND THE RECOMMENDA-
TION 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 SUBMITTED 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 OFFENDER UPON THE GROUND THAT THE 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.
  3. IF AN OFFENDER, HAVING BEEN GIVEN NOTICE, INCLUDING  THE  TIME  AND
PLACE  OF  THE DETERMINATION PROCEEDING IN ACCORDANCE WITH THIS SECTION,
FAILS TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, THE COURT
SHALL CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER  SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.
  S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD
SHALL CONSIST OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL  BE  APPOINTED
BY  THE  GOVERNOR,  THREE  OF  WHOM SHALL BE EXPERTS IN THE FIELD OF THE

A. 8916                            10

BEHAVIOR AND TREATMENT OF VIOLENT FELONY OFFENDERS.  THE TERM OF  OFFICE
OF  EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER,
THAT ANY MEMBER CHOSEN TO FILL A VACANCY  OCCURRING  OTHERWISE  THAN  BY
EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
TERM  OF  THE  MEMBER  WHOM HE OR SHE IS TO SUCCEED. IN THE EVENT OF THE
INABILITY TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME  COMPETENT
INFORMED  PERSON  TO  ACT  IN HIS OR HER STEAD DURING THE CONTINUANCE OF
SUCH DISABILITY.
  2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
CHAIRMAN  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS  DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
  3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
AFTER AN OPPORTUNITY TO BE HEARD.
  4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT

A. 8916                            11

PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
NOTIFIED  AND  MAY  DISSEMINATE  RELEVANT  INFORMATION WHICH MAY INCLUDE
APPROXIMATE ADDRESS BASED ON  VIOLENT  FELONY  OFFENDER'S  ZIP  CODE,  A
PHOTOGRAPH   OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING  THE
OFFENDER'S CRIME OF CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF  VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE NATURE OF
THE OFFENSE COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER.  ANY  ENTITY
RECEIVING  INFORMATION  ON  A  VIOLENT  FELONY  OFFENDER MAY DISCLOSE OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE PUBLIC SAFETY, SUCH  VIOLENT  FELONY  OFFENDER  SHALL  BE  DEEMED  A
"VIOLENT  PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION AND THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT
THE  TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY DISSEMINATE
RELEVANT INFORMATION WHICH MAY INCLUDE  THE  VIOLENT  FELONY  OFFENDER'S
EXACT  ADDRESS,  A  PHOTOGRAPH  OF  THE OFFENDER, BACKGROUND INFORMATION
INCLUDING THE OFFENDER'S CRIME OF CONVICTION, MODUS OF  OPERATION,  TYPE
OF VICTIM TARGETED, 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 VIOLENT FELONY OFFENDERS.
  ANY ENTITY RECEIVING INFORMATION ON  A  VIOLENT  FELONY  OFFENDER  MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION,  IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION 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.
  7.  UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY  TO
REGISTER.
  S  167-G.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A  VIOLENT  FELONY
OFFENDER  TO  BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW
NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR  DISCHARGE
AND  THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN  SIXTY  DAYS
OF  RECEIPT  OF  THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING TO SUCH PERSON. SUCH PERSON SHALL BE  PERMITTED  TO  SUBMIT  TO  THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.

A. 8916                            12

  S  167-H.  JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE  MADE  PRIOR
TO  THE  DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING
COURT AFTER RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD  PURSUANT  TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2.  IN  ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD PURSUANT TO SECTION  ONE  HUNDRED  SIXTY-SEVEN-F  OF
THIS  ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3. IN MAKING THE DETERMINATION, THE COURT SHALL  REVIEW  ANY  VICTIM'S
STATEMENT  AND  ANY  MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER.
THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND  BE
HEARD,  AND  INFORM  THE  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
  4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE  AND  THREAT  TO
PUBLIC  SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED  SIXTY-SEVEN-K
OF THIS ARTICLE.
  5.  UPON  THE  REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED  TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER  UPON  THE  GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING
COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT  SHALL  NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR  DENY  THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR
TO MAKING A DETERMINATION ON THE PETITION. SUCH  PETITION,  IF  GRANTED,
SHALL  NOT  RELIEVE  THE  PETITIONER OF THE DUTY TO REGISTER PURSUANT TO
THIS ARTICLE UPON CONVICTION OF ANY OFFENSE  REQUIRING  REGISTRATION  IN
THE FUTURE.
  S  167-J. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE HUNDRED
SIXTY-THREE OF THIS ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELEPHONE
NUMBER THAT MEMBERS OF THE PUBLIC MAY CALL AND INQUIRE WHETHER  A  NAMED
INDIVIDUAL  REQUIRED TO REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE
DIVISION SHALL ASCERTAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE
A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE RELEVANT  INFORMATION
ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX OF SECTION ONE HUNDRED
SIXTY-SEVEN-F  OF  THIS  ARTICLE.  THE DIVISION SHALL DECIDE WHETHER THE
NAMED PERSON REASONABLY APPEARS TO BE A PERSON LISTED, BASED UPON INFOR-
MATION FROM THE CALLER PROVIDING INFORMATION THAT SHALL INCLUDE  (A)  AN
EXACT  STREET  ADDRESS,  INCLUDING  APARTMENT  NUMBER,  DRIVER'S LICENSE
NUMBER OR BIRTH DATE, ALONG WITH ADDITIONAL INFORMATION THAT MAY INCLUDE
SOCIAL SECURITY NUMBER, HAIR COLOR, EYE COLOR, HEIGHT, WEIGHT,  DISTINC-
TIVE  MARKINGS,  ETHNICITY;  OR  (B) ANY COMBINATION OF THE ABOVE LISTED
CHARACTERISTICS IF AN EXACT BIRTH DATE OR ADDRESS IS NOT  AVAILABLE.  IF
THREE OF THE CHARACTERISTICS PROVIDED INCLUDE ETHNICITY, HAIR COLOR, AND
EYE  COLOR,  OTHER  IDENTIFYING  CHARACTERISTICS  SHALL BE PROVIDED. ANY
INFORMATION IDENTIFYING THE VICTIM  BY  NAME,  BIRTH  DATE,  ADDRESS  OR
RELATION  TO  THE PERSON LISTED BY THE DIVISION SHALL BE EXCLUDED BY THE
DIVISION.
  2. WHENEVER THERE IS REASONABLE CAUSE TO BELIEVE THAT  ANY  PERSON  OR
GROUP  OF  PERSONS  IS ENGAGED IN A PATTERN OR PRACTICE OF MISUSE OF THE
TELEPHONE NUMBER, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY  OR  ANY

A. 8916                            13

PERSON  AGGRIEVED  BY  THE MISUSE OF THE NUMBER IS AUTHORIZED TO BRING A
CIVIL ACTION IN THE  APPROPRIATE  COURT  REQUESTING  PREVENTIVE  RELIEF,
INCLUDING  AN  APPLICATION  FOR  A  PERMANENT  OR  TEMPORARY INJUNCTION,
RESTRAINING  ORDER OR OTHER ORDER AGAINST THE PERSON OR GROUP OF PERSONS
RESPONSIBLE FOR THE PATTERN OR PRACTICE OF MISUSE. THE  FOREGOING  REME-
DIES  SHALL  BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCEDURES THAT MAY
BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS OF  LAW.  SUCH
PERSON  OR  GROUP OF PERSONS SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS.
  4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN  ANNUAL  REPORT  ON
THE  OPERATION OF THE TELEPHONE NUMBER. THE ANNUAL REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
  (A) NUMBER OF CALLS RECEIVED;
  (B) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE  MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
  (C)  NUMBER  OF CALLS THAT RESULTED IN AN AFFIRMATIVE RESPONSE AND THE
NUMBER OF CALLS THAT RESULTED IN A  NEGATIVE  RESPONSE  WITH  REGARD  TO
WHETHER A NAMED INDIVIDUAL WAS LISTED;
  (D) NUMBER OF PERSONS LISTED; AND
  (E)  A  SUMMARY  OF  THE SUCCESS OF THE TELEPHONE NUMBER PROGRAM BASED
UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE
OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR  OTHER  ORDER
AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL

A. 8916                            14

LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED IN THIS SECTION PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD FAITH.
  S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF  A  CLASS E FELONY FOR THE FIRST OFFENSE, AND FOR A SECOND OR
SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY  RESPECTIVELY  IN
ACCORDANCE  WITH  SECTIONS  195.03 AND 195.04 OF THE PENAL LAW. ANY SUCH
FAILURE TO REGISTER MAY ALSO BE  THE  BASIS  FOR  REVOCATION  OF  PAROLE
PURSUANT  TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW WHICH
SHALL BE IN ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
  S 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL
ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,

A. 8916                            15

ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
THE  DIVISION  HOMEPAGE. 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.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.