S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3471--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2021
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, SANTABARBARA, BARRETT, STECK, JONES,
   BUTTENSCHON, COLTON, GRIFFIN, GOODELL, NORRIS,  MORINELLO,  M. MILLER,
   MANKTELOW,  TAGUE, BLANKENBUSH -- Multi-Sponsored by -- M. of A. BARN-
   WELL, FITZPATRICK, J. M. GIGLIO, McDONOUGH,  MONTESANO,  PALMESANO  --
   read  once  and  referred  to the Committee on Correction -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the penal law and the correction  law,  in  relation  to
   enacting "The Domestic Violence Protection Act - Helen'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 - Helen's Law".
   §  2.  The  penal law is amended by adding two new sections 195.03 and
 195.04 to read as follows:
 § 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.
 § 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02754-03-1
              

 A. 3471--A                          2
 
 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.
   § 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.
   § 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

 A. 3471--A                          3
 
 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
 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.
   § 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.
   § 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

 A. 3471--A                          4

 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
 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,

 A. 3471--A                          5
 
 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.
   § 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.
   § 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.

 A. 3471--A                          6
 
 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
 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.
   §  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.
   § 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

 A. 3471--A                          7
 
 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.
   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.
   §  167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A
 VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A  PERIOD  OF  FIVE  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.
   § 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.
   § 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

 A. 3471--A                          8
 
 SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
 OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
   §  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-

 A. 3471--A                          9
 
 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
 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 DESIGNATED  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 RECOMMENDATION AND ANY
 MATERIAL  SUBMITTED  BY  THE  BOARD,  AND  MAY CONSIDER RELIABLE HEARSAY
 EVIDENCE SUBMITTED BY EITHER PARTY, PROVIDED THAT IT IS RELEVANT TO  THE
 DETERMINATIONS.  IF  AVAILABLE, FACTS PROVEN AT TRIAL OR ELICITED AT THE
 TIME OF A PLEA OF GUILTY  SHALL  BE  DEEMED  ESTABLISHED  BY  CLEAR  AND
 CONVINCING EVIDENCE AND SHALL NOT BE RELITIGATED. THE COURT SHALL RENDER
 AN  ORDER  SETTING FORTH ITS DETERMINATIONS AND THE FINDINGS OF FACT AND
 CONCLUSIONS OF LAW ON WHICH THE DETERMINATIONS ARE BASED. A COPY OF  THE
 ORDER  SHALL BE 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

 A. 3471--A                         10
 
 SHALL  CONDUCT THE HEARING AND MAKE THE DETERMINATIONS IN THE MANNER SET
 FORTH IN SUBDIVISION TWO OF THIS SECTION.
   §  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;

 A. 3471--A                         11

   (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
 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.
   § 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

 A. 3471--A                         12
 
 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.
   § 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.
   §  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.
   § 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

 A. 3471--A                         13
 
 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
 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.
   § 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-

 A. 3471--A                         14
 
 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.
   § 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.
   § 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.
   § 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.
   § 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
 NOR.
   §  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.
   § 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

 A. 3471--A                         15
 
 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,
 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.
   § 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 to be made and completed on or before such effective date.