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

                                   513

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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

  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  "The  Domestic
Violence Protection Act - Brittany's Law".
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00025-01-5
              

S. 513                              2

  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.
        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

S. 513                              3

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
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

S. 513                              4

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
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 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

S. 513                              5

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.
  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

S. 513                              6

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
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

S. 513                              7

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.
  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. 513                              8

  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-
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

S. 513                              9

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
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. 513                             10

  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
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.

S. 513                             11

  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
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

S. 513                             12

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.
  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

S. 513                             13

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
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.
  3. 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

S. 513                             14

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
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.

S. 513                             15

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,
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.