NY State Senate Bill 2021-S5863

Senate Bill S5863

2021-2022 Legislative Session

Enacts "The Domestic Violence Protection Act - Helen's Law" requiring registration of violent felony offenders

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2021	recommit, enacting clause stricken referred to codes

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2021-S5863 (ACTIVE) - Details

See Assembly Version of this Bill:: A3471
Law Section:: Penal Law
Laws Affected:: Add §§195.03 & 195.04, Pen L; add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3134
2011-2012: S3645
2013-2014: S1850, A8916
2015-2016: S513, A1833
2017-2018: S1107, S7125, A404
2019-2020: S963, S3382, S4644, S6721, A5889
2023-2024: A3665

2021-S5863 (ACTIVE) - Summary

Enacts "The Domestic Violence Protection Act - Helen's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special telephone number; requires the division to maintain a subdirectory of violent predators.

2021-S5863 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5863

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law and the correction law, in relation to
enacting "The Domestic Violence Protection Act - Helen's Law"

 
PURPOSE:

To establish a violent felony offender registry.

 
SUMMARY OF PROVISIONS:

Amends the correction law to require violent felony offenders as defined
in § 70.02 of the penal law, as well as any one convicted of any of the
following penal law offenses as defined in section 125.27, 125.25,
125.26, 135.25, 150.20, 110.05, 490.45, 490,50, 490.55, 130.95, 130.96,
and 490.25, to register with DCJS upon discharge,parole or release from
any state or local facility, hospital or institution and to allow
dissemination of and access to certain information to the general

public. Annual registration requirements for five years and correspond-
ing procedural guidelines are established to allow local law enforcement
agencies and the state to monitor the whereabouts of violent felony
offenders.

These provisions shall not apply to anyone convicted of an offense as
defined under penal law section 240.55, subdivisions 1, 5, and 6 of
section 240.60, or subdivision 2 of Section 140.25.

 
JUSTIFICATION:

Many other states have some form of a violent felony offender registry.
Unfortunately, New York is not among those progressive states that have
taken constructive steps to track the whereabouts of violent felony
offenders who, as research indicates, are likely to repeat violent
crimes upon release from prison. Protecting the public from violent
offenders is a primary governmental interest and the registration of
convicted felony offenders reentering the community is a control that
helps protect individuals from victimization. This bill, with provisions
based on the "Omnibus Sex Offender Registration Act", represents a
balanced and comprehensive approach to this effort.  A man charged in a
brutal attack of a victim in Massena, New York, was out on parole and
had a lengthy history of arrests including assault with a hammer. John
Edward Brown, a parolee, was released from prison after serving only 2
1/2 years of a 3 year sentence for violently assaulting his infant
daughter in 2003. He murdered Helen Buchel and her daughter Brittany
Passalacgua in Geneva in 2009. These are just two examples of how the
early parole of a dangerous criminal has led to tragedy.

In the wake of these and other violent attacks, it has become clear that
we must increase our efforts to further protect our citizenry.  This
proposal will not only provide law enforcement with a valuable investi-
gative tool in the fight against violent crime, but it also provides
important information to communities since violent felony offenders post
a high risk of re-offending once released from custody.

 
LEGISLATIVE HISTORY:

S.1850B/A.8916 - 2013 - 2014 Legislative Session - Passed Senate; Died
Assembly Correction

S.513/A.1833 - 2015 - 2016 Legislative Session - Passed Senate; Died
Assembly Correction

S.1107/A.404 - 2017-2018 Legislative Session - Passed Senate; Died
Assembly Correction

S.4644/A.5889 - 2019-2020 Legislative Session - Died Senate Codes;Died
Assembly Correction

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after it shall become law.

2021-S5863 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5863
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 - 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-
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02754-02-1

 S. 5863                             2
 
                                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
 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.

 S. 5863                             3

   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
 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

 S. 5863                             4
 
 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
 VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
 HIS OR HER CRIMINAL RECORD.

 S. 5863                             5
 
   § 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.
 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

 S. 5863                             6
 
 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
 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

 S. 5863                             7
 
 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
 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

 S. 5863                             8
 
 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
 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

 S. 5863                             9
 
 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
 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

 S. 5863                            10
 
 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.
   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

 S. 5863                            11
 
 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
 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-

 S. 5863                            12
 
 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
 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.

 S. 5863                            13

   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-
 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-

 S. 5863                            14
 
 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
 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

 S. 5863                            15
 
 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.

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Senate Bill S5863

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Pamela Helming