S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5738
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Correction
 
 AN  ACT  to  amend  the correction law, in relation to creating the drug
   dealer registration act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The correction law is amended by adding a new article 6-D
 to read as follows:
                                ARTICLE 6-D
                       DRUG DEALER REGISTRATION ACT
 SECTION 169.   SHORT TITLE.
         169-A. DEFINITIONS.
         169-B. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
         169-C. DRUG DEALER; RELOCATION; NOTIFICATION.
         169-D. DUTIES OF THE COURT.
         169-E. DISCHARGE OF  DRUG  DEALER  FROM  CORRECTIONAL  FACILITY;
                  DUTIES OF OFFICIAL IN CHARGE.
         169-F. DUTY TO REGISTER AND TO VERIFY.
         169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
         169-H. DURATION OF REGISTRATION AND VERIFICATION.
         169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.
         169-J. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                  OF ADDRESS.
         169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
         169-L. BOARD OF EXAMINERS OF DRUG DEALERS.
         169-M. REVIEW.
         169-N. JUDICIAL DETERMINATION.
         169-O. PETITION FOR RELIEF OR MODIFICATION.
         169-P. SPECIAL TELEPHONE NUMBER.
         169-Q. SUBDIRECTORY; INTERNET POSTING.
         169-R. IMMUNITY FROM LIABILITY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03413-01-5
              

 A. 5738                             2
 
         169-S. ANNUAL REPORT.
         169-T. PENALTY.
         169-U. UNAUTHORIZED RELEASE OF INFORMATION.
         169-V. PROHIBITION  OF  EMPLOYMENT  ON MOTOR VEHICLES ENGAGED IN
                  RETAIL SALES OF FROZEN DESSERTS.
         169-W. SEPARABILITY.
   § 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "DRUG DEALER REGISTRATION ACT".
   §  169-A.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING DEFI-
 NITIONS APPLY:
   1. "DRUG DEALER" INCLUDES ANY PERSON WHO IS CONVICTED OF  ANY  OF  THE
 OFFENSES  SET FORTH IN SUBDIVISION TWO OF THIS SECTION. 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. "DRUG OFFENSE" MEANS A CONVICTION OF OR A CONVICTION FOR AN ATTEMPT
 TO  COMMIT  ANY  OF  THE  PROVISIONS  OF SECTION 220.31, 220.34, 220.39,
 220.41, 220.43, 220.44, 220.48, 220.65, 220.73, 220.74, 220.75 OR 220.77
 OF ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
   3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION"  MEANS:  (A)  (I)  THE
 CHIEF  LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE
 DEALER EXPECTS TO RESIDE UPON DISCHARGE, PROBATION, PAROLE,  RELEASE  TO
 POST-RELEASE  SUPERVISION OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL
 RELEASE; OR (II) IF THERE BE NO CHIEF LAW ENFORCEMENT  OFFICER  IN  SUCH
 VILLAGE,  TOWN  OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTY
 IN WHICH THE DEALER EXPECTS TO RESIDE; OR (III) IF  THERE  BE  NO  CHIEF
 ENFORCEMENT  OFFICER IN SUCH VILLAGE, TOWN, CITY OR COUNTY, THE DIVISION
 OF STATE POLICE AND (B) IN THE CASE OF A DRUG DEALER WHO IS  OR  EXPECTS
 TO  BE  EMPLOYED  BY,  ENROLLED  IN,  ATTENDING OR EMPLOYED, WHETHER FOR
 COMPENSATION OR NOT, AT AN INSTITUTION  OF  HIGHER  EDUCATION,  (I)  THE
 CHIEF LAW ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH SUCH
 INSTITUTION  IS  LOCATED;  OR  (II) IF THERE BE NO CHIEF LAW ENFORCEMENT
 OFFICER IN SUCH VILLAGE, TOWN OR CITY, THE CHIEF LAW ENFORCEMENT OFFICER
 OF THE COUNTY IN WHICH SUCH INSTITUTION IS LOCATED; OR (III) IF THERE BE
 NO CHIEF LAW ENFORCEMENT OFFICER IN SUCH VILLAGE, TOWN, CITY OR  COUNTY,
 THE  DIVISION  OF STATE POLICE; AND (IV) IF SUCH INSTITUTION OPERATES OR
 EMPLOYS A CAMPUS LAW ENFORCEMENT OR SECURITY AGENCY, THE CHIEF  OF  SUCH
 AGENCY AND (C) IN THE CASE OF A DRUG DEALER WHO EXPECTS TO RESIDE WITHIN
 A  STATE  PARK  OR ON OTHER LAND UNDER THE JURISDICTION OF THE OFFICE OF
 PARKS, RECREATION AND HISTORIC PRESERVATION,  THE  STATE  REGIONAL  PARK
 POLICE.
   4.  "DIVISION"  MEANS  THE  DIVISION  OF  CRIMINAL JUSTICE SERVICES AS
 DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
   5. "BOARD" MEANS THE "BOARD OF EXAMINERS OF DRUG DEALERS"  ESTABLISHED
 PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE.
   6. "PROBATION" MEANS A SENTENCE OF PROBATION IMPOSED PURSUANT TO ARTI-
 CLE  SIXTY-FIVE  OF THE PENAL LAW AND SHALL INCLUDE A SENTENCE OF IMPRI-
 SONMENT IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION.
   § 169-B. DUTIES OF THE  DIVISION;  REGISTRATION  INFORMATION.  1.  THE
 DIVISION  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  DRUG  DEALER'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.
 A. 5738                             3
 
   (B)  A  PHOTOGRAPH  AND SET OF FINGERPRINTS. FOR A DRUG DEALER GIVEN A
 LEVEL THREE DESIGNATION, THE DIVISION SHALL, DURING THE PERIOD OF REGIS-
 TRATION, UPDATE SUCH PHOTOGRAPH ONCE EACH YEAR. FOR A DRUG DEALER  GIVEN
 A  LEVEL  ONE  OR  LEVEL TWO DESIGNATION, THE DIVISION SHALL, DURING THE
 PERIOD  OF  REGISTRATION, UPDATE SUCH PHOTOGRAPH ONCE EVERY THREE YEARS.
 THE DIVISION SHALL NOTIFY THE DRUG DEALER BY MAIL OF THE DUTY TO  APPEAR
 AND  BE  PHOTOGRAPHED  AT  THE  SPECIFIED  LAW ENFORCEMENT AGENCY HAVING
 JURISDICTION. SUCH NOTIFICATION SHALL BE MAILED AT LEAST THIRTY DAYS AND
 NOT MORE THAN SIXTY DAYS BEFORE THE PHOTOGRAPH IS REQUIRED TO  BE  TAKEN
 PURSUANT  TO SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-F OF THIS
 ARTICLE.
   (C) A DESCRIPTION OF  THE  OFFENSE  FOR  WHICH  THE  DRUG  DEALER  WAS
 CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED INCLUDING THE
 TYPE OF ASSIGNED SUPERVISION AND THE LENGTH OF TIME OF SUCH SUPERVISION.
   (D)  THE  NAME  AND  ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
 WHICH THE DRUG DEALER  IS  OR  EXPECTS  TO  BE  ENROLLED,  ATTENDING  OR
 EMPLOYED,  WHETHER  FOR  COMPENSATION  OR  NOT,  AND WHETHER SUCH DEALER
 RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY SUCH INSTI-
 TUTION.
   (E) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
   2. (A) THE DIVISION IS AUTHORIZED TO MAKE THE  REGISTRY  AVAILABLE  TO
 ANY  REGIONAL  OR  NATIONAL  REGISTRY OF DRUG DEALERS FOR THE PURPOSE OF
 SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM  ANY  REGIONAL
 OR NATIONAL REGISTRY OF DRUG DEALERS AND SHALL MAKE SUCH FILES AVAILABLE
 WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   (B)  THE  DIVISION  SHALL ALSO MAKE REGISTRY INFORMATION AVAILABLE TO:
 (I) THE DEPARTMENT OF HEALTH, TO  ENABLE  SUCH  DEPARTMENT  TO  IDENTIFY
 PERSONS  INELIGIBLE  TO  RECEIVE  REIMBURSEMENT  OR  COVERAGE FOR DRUGS,
 PROCEDURES OR SUPPLIES PURSUANT TO SUBDIVISION SEVEN OF SECTION  TWENTY-
 FIVE  HUNDRED TEN OF THE PUBLIC HEALTH LAW, PARAGRAPH (E) OF SUBDIVISION
 FOUR OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL  SERVICES  LAW,
 AND  SUBDIVISION  ONE OF SECTION TWO HUNDRED FORTY-ONE OF THE ELDER LAW;
 (II) THE DEPARTMENT OF FINANCIAL SERVICES TO ENABLE SUCH  DEPARTMENT  TO
 IDENTIFY  PERSONS  INELIGIBLE  TO  RECEIVE REIMBURSEMENT OR COVERAGE FOR
 DRUGS, PROCEDURES OR SUPPLIES PURSUANT TO SUBSECTION  (B-1)  OF  SECTION
 FOUR  THOUSAND  THREE HUNDRED TWENTY-TWO AND SUBSECTION (D-1) OF SECTION
 FOUR THOUSAND THREE HUNDRED TWENTY-SIX OF THE INSURANCE LAW; AND (III) A
 COURT, TO ENABLE THE COURT TO PROMPTLY COMPLY  WITH  THE  PROVISIONS  OF
 PARAGRAPH  (A-1)  OF SUBDIVISION ONE OF SECTION TWO HUNDRED FORTY OF THE
 DOMESTIC RELATIONS LAW, SUBDIVISION (E) OF SECTION SIX HUNDRED FIFTY-ONE
 OF THE FAMILY COURT ACT, AND SUBDIVISION (G) OF  SECTION  81.19  OF  THE
 MENTAL HYGIENE LAW.
   (C)  NO  OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY, WHETHER PUBLIC
 OR PRIVATE, SHALL BE SUBJECT TO ANY  CIVIL  OR  CRIMINAL  LIABILITY  FOR
 DAMAGES  FOR ANY DECISION OR ACTION MADE IN THE ORDINARY COURSE OF BUSI-
 NESS OF THAT OFFICIAL, AGENCY, AUTHORIZED PERSON OR ENTITY  PURSUANT  TO
 PARAGRAPH  (B) OF THIS SUBDIVISION, PROVIDED THAT SUCH OFFICIAL, AGENCY,
 AUTHORIZED PERSON OR ENTITY ACTED REASONABLY  AND  IN  GOOD  FAITH  WITH
 RESPECT TO SUCH REGISTRY INFORMATION.
   (D)  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. SUCH FORM SHALL
 A. 5738                             4
 
 BE WRITTEN IN CLEAR AND CONCISE LANGUAGE AND SHALL ADVISE THE DRUG DEAL-
 ER OF THEIR DUTIES AND OBLIGATIONS UNDER THIS ARTICLE.
   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-NINE-P OF THIS ARTICLE.
   6.  THE  DIVISION  SHALL  ALSO  ESTABLISH  A  SUBDIRECTORY PURSUANT TO
 SECTION ONE HUNDRED SIXTY-NINE-Q OF THIS ARTICLE.
   7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
 ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
   8.  THE  DIVISION  SHALL  CHARGE A FEE OF TEN DOLLARS EACH TIME A DRUG
 DEALER REGISTERS ANY CHANGE OF  ADDRESS  OR  ANY  CHANGE  OF  STATUS  OF
 ENROLLMENT,  ATTENDANCE,  EMPLOYMENT  OR RESIDENCE AT ANY INSTITUTION OF
 HIGHER EDUCATION AS REQUIRED BY SUBDIVISION FOUR OF SECTION ONE  HUNDRED
 SIXTY-NINE-F  OF  THIS ARTICLE. THE FEE SHALL BE PAID TO THE DIVISION BY
 THE DRUG DEALER. THE STATE COMPTROLLER IS HEREBY AUTHORIZED  TO  DEPOSIT
 SUCH FEES INTO THE GENERAL FUND.
   9.  THE DIVISION SHALL, UPON THE REQUEST OF ANY CHILDREN'S CAMP OPERA-
 TOR, RELEASE TO SUCH PERSON ANY INFORMATION IN THE REGISTRY RELATING  TO
 A  PROSPECTIVE  EMPLOYEE OF ANY SUCH PERSON OR ENTITY IN ACCORDANCE WITH
 THE PROVISIONS OF THIS ARTICLE. THE DIVISION SHALL PROMULGATE RULES  AND
 REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
 REGISTRY TO SUCH PERSONS.
   10.  THE DIVISION SHALL MAKE REGISTRY INFORMATION AVAILABLE TO MUNICI-
 PAL HOUSING AUTHORITIES TO ENABLE SUCH AUTHORITIES TO  IDENTIFY  PERSONS
 INELIGIBLE  TO  RESIDE  IN  PUBLIC HOUSING. THE DIVISION SHALL, AT LEAST
 MONTHLY, RELEASE TO EACH MUNICIPAL HOUSING AUTHORITY  INFORMATION  ABOUT
 DRUG DEALERS WITH A HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE WITH-
 IN THE CORRESPONDING MUNICIPALITY. THE DIVISION MAY PROMULGATE RULES AND
 REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
 REGISTRY TO SUCH AUTHORITIES.
   §  169-C. DRUG DEALER; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY
 DRUG DEALER, IT SHALL BE THE DUTY OF THE DEPARTMENT, HOSPITAL  OR  LOCAL
 CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE RELEASE OR
 DISCHARGE  OF  ANY DRUG DEALER FROM A CORRECTIONAL FACILITY, HOSPITAL OR
 LOCAL CORRECTIONAL FACILITY TO NOTIFY THE DIVISION OF  THE  CONTEMPLATED
 RELEASE  OR  DISCHARGE  OF  SUCH  DRUG DEALER, INFORMING THE DIVISION IN
 WRITING ON A FORM PROVIDED BY THE DIVISION  INDICATING  THE  ADDRESS  AT
 WHICH  SUCH  DRUG  DEALER PROPOSES TO RESIDE AND THE NAME AND ADDRESS OF
 ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THEY EXPECT TO BE ENROLLED,
 ATTENDING OR EMPLOYED, WHETHER FOR COMPENSATION OR NOT, AND WHETHER SUCH
 DRUG DEALER RESIDES IN OR WILL RESIDE IN A FACILITY OWNED OR OPERATED BY
 SUCH INSTITUTION. IF SUCH DRUG DEALER CHANGES  THE  PLACE  OF  RESIDENCE
 WHILE  ON  PAROLE, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE
 SENT BY THE DRUG DEALER'S PAROLE OFFICER WITHIN FORTY-EIGHT HOURS TO THE
 DIVISION ON A FORM PROVIDED BY THE DIVISION. IF SUCH DRUG DEALER CHANGES
 THE STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT  OR  RESIDENCE  AT  ANY
 INSTITUTION  OF  HIGHER  EDUCATION WHILE ON PAROLE, SUCH NOTIFICATION OF
 THE CHANGE OF STATUS SHALL BE SENT BY THE DRUG DEALER'S  PAROLE  OFFICER
 WITHIN FORTY-EIGHT HOURS TO THE DIVISION ON A FORM PROVIDED BY THE DIVI-
 SION.
   2.  IN  THE CASE OF ANY DRUG DEALER ON PROBATION, IT SHALL BE THE DUTY
 OF THE DRUG DEALER'S PROBATION OFFICER TO  NOTIFY  THE  DIVISION  WITHIN
 FORTY-EIGHT  HOURS  OF  THE NEW PLACE OF RESIDENCE ON A FORM PROVIDED BY
 THE DIVISION. IF SUCH DRUG DEALER  CHANGES  THE  STATUS  OF  ENROLLMENT,
 A. 5738                             5
 
 ATTENDANCE,  EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCA-
 TION WHILE ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF STATUS SHALL
 BE SENT BY THE DRUG DEALER'S PROBATION OFFICER WITHIN FORTY-EIGHT  HOURS
 TO THE DIVISION ON A FORM PROVIDED BY THE DIVISION.
   3.  IN THE CASE IN WHICH ANY DRUG DEALER ESCAPES FROM A STATE OR LOCAL
 CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFICIAL OF THE FACIL-
 ITY OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL NOTIFY WITHIN  TWEN-
 TY-FOUR  HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE
 TIME OF CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY  OF  THE  NAME
 AND  ALIASES OF THE PERSON, AND THE ADDRESS AT WHICH THEY RESIDED AT THE
 TIME OF CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF  ANY,
 ON  THE  FULL  TERM FOR WHICH THEY WERE SENTENCED, AND THE NATURE OF THE
 CRIME FOR WHICH THEY WERE SENTENCED, TRANSMITTING AT  THE  SAME  TIME  A
 COPY  OF SUCH DRUG DEALER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF
 THEIR CRIMINAL RECORD.
   4. THE DIVISION SHALL PROVIDE  GENERAL  INFORMATION,  IN  REGISTRATION
 MATERIALS AND ANNUAL CORRESPONDENCE, TO REGISTRANTS CONCERNING NOTIFICA-
 TION  AND  REGISTRATION  PROCEDURES  THAT MAY APPLY IF THE REGISTRANT IS
 AUTHORIZED TO RELOCATE AND RELOCATES TO ANOTHER STATE OR  UNITED  STATES
 POSSESSION, OR COMMENCES EMPLOYMENT OR ATTENDANCE AT AN EDUCATION INSTI-
 TUTION  IN  ANOTHER  STATE OR UNITED STATES POSSESSION. SUCH INFORMATION
 SHALL INCLUDE ADDRESSES AND TELEPHONE NUMBERS FOR RELEVANT AGENCIES FROM
 WHICH ADDITIONAL INFORMATION MAY BE OBTAINED.
   § 169-D. DUTIES OF THE  COURT.  1.  UPON  CONVICTION  OF  ANY  OF  THE
 OFFENSES   SET   FORTH   IN  SUBDIVISION  TWO  OF  SECTION  ONE  HUNDRED
 SIXTY-NINE-A OF THIS ARTICLE THE COURT SHALL CERTIFY THAT THE PERSON  IS
 A  DRUG  DEALER  AND  SHALL  INCLUDE  THE  CERTIFICATION IN THE ORDER OF
 COMMITMENT, IF ANY, AND JUDGMENT OF CONVICTION.  THE  COURT  SHALL  ALSO
 ADVISE  THE  DRUG  DEALER OF THEIR DUTIES UNDER THIS ARTICLE. FAILURE TO
 INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT OR THE JUDGMENT  OF
 CONVICTION SHALL NOT RELIEVE A DRUG DEALER OF THE OBLIGATIONS IMPOSED BY
 THIS ARTICLE.
   2.  ANY  DRUG  DEALER, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
 PAYMENT OF A FINE,  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE
 SHALL,  PRIOR  TO  SUCH RELEASE OR DISCHARGE, BE INFORMED OF THE DUTY TO
 REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH THEY  WERE  CONVICTED.
 AT  THE  TIME  SENTENCE IS IMPOSED, SUCH DRUG DEALER SHALL REGISTER WITH
 THE DIVISION ON A FORM PREPARED BY THE DIVISION. THE COURT SHALL REQUIRE
 THE DRUG DEALER TO READ AND SIGN SUCH FORM AND TO COMPLETE THE REGISTRA-
 TION PORTION OF SUCH FORM. THE COURT  SHALL  ON  SUCH  FORM  OBTAIN  THE
 ADDRESS  WHERE  THE  DRUG DEALER EXPECTS TO RESIDE UPON RELEASE, AND THE
 NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION SUCH DRUG DEALER
 EXPECTS TO BE EMPLOYED BY, ENROLLED IN, ATTENDING OR EMPLOYED. THE COURT
 SHALL GIVE ONE COPY OF THE FORM TO THE DRUG DEALER AND  SHALL  SEND  TWO
 COPIES  TO  THE  DIVISION WHICH SHALL FORWARD THE INFORMATION TO THE LAW
 ENFORCEMENT AGENCIES HAVING JURISDICTION. THE COURT  SHALL  ALSO  NOTIFY
 THE  DISTRICT  ATTORNEY  AND THE DRUG DEALER OF THE DATE OF THE DETERMI-
 NATION PROCEEDING TO BE HELD  PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION,  WHICH SHALL BE HELD AT LEAST FORTY-FIVE DAYS AFTER SUCH NOTICE
 IS GIVEN.   THIS NOTICE SHALL  INCLUDE  THE  FOLLOWING  STATEMENT  OR  A
 SUBSTANTIALLY  SIMILAR  STATEMENT:  "THIS  PROCEEDING  IS  BEING HELD TO
 DETERMINE WHETHER YOU WILL BE CLASSIFIED AS A LEVEL 3  DEALER  (RISK  OF
 REPEAT  OFFENSE  IS  HIGH),  A LEVEL 2 DEALER (RISK OF REPEAT OFFENSE IS
 MODERATE), OR A LEVEL 1 DEALER (RISK OF REPEAT OFFENSE  IS  LOW),  WHICH
 WILL  DETERMINE HOW LONG YOU MUST REGISTER AS A DRUG DEALER AND HOW MUCH
 INFORMATION CAN BE PROVIDED TO THE PUBLIC CONCERNING YOUR  REGISTRATION.
 A. 5738                             6
 
 IF  YOU FAIL TO APPEAR AT THIS PROCEEDING, WITHOUT SUFFICIENT EXCUSE, IT
 SHALL BE HELD IN YOUR ABSENCE. FAILURE TO APPEAR MAY RESULT IN A  LONGER
 PERIOD  OF  REGISTRATION  OR  A  HIGHER  LEVEL OF COMMUNITY NOTIFICATION
 BECAUSE  YOU  ARE  NOT  PRESENT  TO  OFFER  EVIDENCE OR CONTEST EVIDENCE
 OFFERED BY THE DISTRICT ATTORNEY." THE COURT SHALL ALSO ADVISE THE  DRUG
 DEALER  OF A RIGHT TO A HEARING PRIOR TO THE COURT'S DETERMINATION, THAT
 SUCH DRUG DEALER HAS THE RIGHT TO BE REPRESENTED BY COUNSEL AT THE HEAR-
 ING AND THAT COUNSEL WILL BE APPOINTED IF THEY ARE FINANCIALLY UNABLE TO
 RETAIN COUNSEL. IF THE DRUG DEALER APPLIES FOR ASSIGNMENT OF COUNSEL  TO
 REPRESENT THEM AT THE HEARING AND COUNSEL WAS NOT PREVIOUSLY ASSIGNED TO
 REPRESENT  THE  DRUG DEALER IN THE UNDERLYING CRIMINAL ACTION, THE COURT
 SHALL DETERMINE WHETHER THE DEALER IS FINANCIALLY UNABLE TO RETAIN COUN-
 SEL.  IF SUCH A FINDING IS MADE,  THE  COURT  SHALL  ASSIGN  COUNSEL  TO
 REPRESENT  THE  DRUG DEALER PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY
 LAW. WHERE THE COURT ORDERS A DRUG DEALER RELEASED  ON  PROBATION,  SUCH
 ORDER  MUST  INCLUDE  A PROVISION REQUIRING THAT SUCH DRUG DEALER COMPLY
 WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DRUG  DEALER  VIOLATES
 SUCH  PROVISION,  PROBATION  MAY  BE  IMMEDIATELY  REVOKED IN THE MANNER
 PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
   3. FOR DRUG DEALERS RELEASED ON PROBATION OR DISCHARGED  UPON  PAYMENT
 OF A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL BE
 THE DUTY OF THE COURT APPLYING THE GUIDELINES ESTABLISHED IN SUBDIVISION
 FIVE  OF  SECTION  ONE HUNDRED SIXTY-NINE-L OF THIS ARTICLE TO DETERMINE
 THE LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION  SIX  OF  SECTION  ONE
 HUNDRED  SIXTY-NINE-L  OF THIS ARTICLE.   AT LEAST FIFTEEN DAYS PRIOR TO
 THE DETERMINATION PROCEEDING, THE DISTRICT ATTORNEY SHALL PROVIDE TO THE
 COURT AND THE DRUG DEALER A WRITTEN STATEMENT SETTING FORTH THE DETERMI-
 NATIONS SOUGHT BY THE DISTRICT ATTORNEY TOGETHER WITH  THE  REASONS  FOR
 SEEKING  SUCH  DETERMINATIONS.  THE COURT SHALL ALLOW THE DRUG DEALER TO
 APPEAR AND BE HEARD. THE STATE SHALL APPEAR BY THE DISTRICT ATTORNEY, OR
 SUCH DISTRICT ATTORNEY'S DESIGNEE, WHO SHALL BEAR THE BURDEN OF  PROVING
 THE  FACTS  SUPPORTING THE DETERMINATIONS SOUGHT BY CLEAR AND CONVINCING
 EVIDENCE. WHERE THERE IS A DISPUTE BETWEEN THE  PARTIES  CONCERNING  THE
 DETERMINATIONS,  THE  COURT  SHALL  ADJOURN  THE HEARING AS NECESSARY TO
 PERMIT THE DRUG DEALER OR THE  DISTRICT  ATTORNEY  TO  OBTAIN  MATERIALS
 RELEVANT  TO THE DETERMINATIONS FROM ANY STATE OR LOCAL FACILITY, HOSPI-
 TAL, INSTITUTION, OFFICE, AGENCY, DEPARTMENT OR DIVISION. SUCH MATERIALS
 MAY BE OBTAINED BY SUBPOENA IF NOT VOLUNTARILY PROVIDED TO THE  REQUEST-
 ING  PARTY.  IN  MAKING  THE  DETERMINATIONS, THE COURT SHALL REVIEW ANY
 VICTIM'S STATEMENT AND ANY RELEVANT MATERIALS AND EVIDENCE SUBMITTED  BY
 THE  DRUG  DEALER  AND  THE DISTRICT ATTORNEY AND THE COURT MAY CONSIDER
 RELIABLE HEARSAY EVIDENCE SUBMITTED BY EITHER PARTY PROVIDED THAT IT  IS
 RELEVANT  TO  THE  DETERMINATIONS.  FACTS  PREVIOUSLY PROVEN AT TRIAL OR
 ELICITED AT THE TIME OF ENTRY OF A PLEA OF GUILTY SHALL BE DEEMED ESTAB-
 LISHED BY CLEAR AND CONVINCING EVIDENCE AND SHALL NOT  BE  RE-LITIGATED.
 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  DIVI-
 SION. 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 DRUG DEALER UPON  THE  GROUND
 THAT  THE  DRUG  DEALER  IS  FINANCIALLY  UNABLE TO RETAIN COUNSEL, THAT
 ASSIGNMENT SHALL BE CONTINUED THROUGHOUT THE PENDENCY OF THE APPEAL, AND
 A. 5738                             7
 
 THE PERSON MAY APPEAL AS A POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF
 THE COUNTY LAW.
   4.  IF A DRUG DEALER, 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 THREE OF THIS SECTION.
   § 169-E. DISCHARGE OF DRUG DEALER FROM CORRECTIONAL  FACILITY;  DUTIES
 OF  OFFICIAL  IN CHARGE.  1. ANY DRUG DEALER, TO BE DISCHARGED, PAROLED,
 RELEASED TO POST-RELEASE SUPERVISION OR RELEASED FROM ANY STATE OR LOCAL
 CORRECTIONAL FACILITY, HOSPITAL OR INSTITUTION WHERE THEY WERE  CONFINED
 OR  COMMITTED,  SHALL AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO DISCHARGE,
 PAROLE OR RELEASE, BE INFORMED OF THE DUTY TO REGISTER UNDER THIS  ARTI-
 CLE,  BY  THE  FACILITY  IN  WHICH  THEY WERE CONFINED OR COMMITTED. THE
 FACILITY SHALL REQUIRE THE DRUG DEALER TO READ AND SIGN SUCH FORM AS MAY
 BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE  PROCE-
 DURE  FOR  REGISTRATION  HAS  BEEN EXPLAINED TO THEM AND TO COMPLETE THE
 REGISTRATION PORTION OF SUCH FORM. THE FACILITY  SHALL  OBTAIN  ON  SUCH
 FORM THE ADDRESS WHERE THE DRUG DEALER EXPECTS TO RESIDE UPON DISCHARGE,
 PAROLE  OR RELEASE AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER
 EDUCATION SUCH DRUG DEALER EXPECTS  TO  BE  EMPLOYED  BY,  ENROLLED  IN,
 ATTENDING  OR  EMPLOYED,  WHETHER  FOR COMPENSATION OR NOT. THE FACILITY
 SHALL GIVE ONE COPY OF THE FORM TO THE DRUG DEALER, RETAIN ONE COPY  AND
 SHALL  SEND ONE COPY TO THE DIVISION WHICH SHALL PROVIDE THE INFORMATION
 TO THE LAW ENFORCEMENT AGENCIES HAVING JURISDICTION. THE FACILITY  SHALL
 GIVE  THE  DRUG DEALER A FORM PREPARED BY THE DIVISION, TO REGISTER WITH
 THE DIVISION AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO  RELEASE  AND  SUCH
 FORM SHALL BE COMPLETED, SIGNED BY THE DRUG DEALER AND SENT TO THE DIVI-
 SION  BY  THE  FACILITY  AT  LEAST  TEN  DAYS PRIOR TO THE DRUG DEALER'S
 RELEASE OR DISCHARGE.
   2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT  THE  CONVICTION  DATA
 AND  FINGERPRINTS  TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
 OBTAINED.
   § 169-F. DUTY TO REGISTER AND TO VERIFY. 1. ANY DRUG DEALER SHALL, (A)
 AT LEAST TEN CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE, RELEASE TO  POST-
 RELEASE  SUPERVISION  OR  RELEASE  FROM  ANY STATE OR LOCAL CORRECTIONAL
 FACILITY, HOSPITAL OR INSTITUTION WHERE THEY WERE CONFINED OR COMMITTED,
 OR, (B) AT THE TIME SENTENCE IS IMPOSED FOR ANY DRUG DEALER RELEASED  ON
 PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, CONDITIONAL DISCHARGE OR
 UNCONDITIONAL  DISCHARGE,  REGISTER WITH THE DIVISION ON A FORM PREPARED
 BY THE DIVISION.
   2. FOR A DRUG DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE  ON  EACH
 ANNIVERSARY  OF  THE  DRUG DEALER'S INITIAL REGISTRATION DATE DURING THE
 PERIOD IN WHICH THEY ARE REQUIRED TO REGISTER  UNDER  THIS  SECTION  THE
 FOLLOWING APPLIES:
   (A)  THE  DRUG DEALER 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  DRUG  DEALER,  AND
 STATE  THAT  THEY STILL RESIDE AT THE ADDRESS LAST REPORTED TO THE DIVI-
 SION.
   (C) IF THE DRUG DEALER HAS BEEN GIVEN A  LEVEL  TWO  OR  THREE  DESIG-
 NATION,  SUCH  DEALER  SHALL  SIGN THE VERIFICATION FORM, AND STATE THAT
 THEY STILL ARE EMPLOYED AT THE ADDRESS LAST REPORTED TO THE DIVISION.
   (D) IF THE DRUG DEALER HAS BEEN GIVEN A LEVEL THREE DESIGNATION,  THEY
 SHALL  PERSONALLY  APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
 TION WITHIN TWENTY DAYS OF THE FIRST ANNIVERSARY OF  THE  DRUG  DEALER'S
 A. 5738                             8
 
 INITIAL  REGISTRATION  AND  EVERY  YEAR  THEREAFTER DURING THE PERIOD OF
 REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH  OF  SUCH
 DEALER.  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH
 THE  DRUG DEALER AND SHALL PROMPTLY FORWARD A COPY OF SUCH PHOTOGRAPH TO
 THE DIVISION. FOR PURPOSES OF THIS PARAGRAPH, IF  SUCH  DRUG  DEALER  IS
 CONFINED  IN  A  STATE  OR  LOCAL  CORRECTIONAL  FACILITY, THE LOCAL LAW
 ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE WARDEN,  SUPERINTEN-
 DENT,  SHERIFF  OR  OTHER PERSON IN CHARGE OF THE STATE OR LOCAL CORREC-
 TIONAL FACILITY.
   (E) IF THE DRUG DEALER HAS BEEN GIVEN A LEVEL ONE OR LEVEL TWO  DESIG-
 NATION,  THEY  SHALL  PERSONALLY  APPEAR  AT  THE LAW ENFORCEMENT AGENCY
 HAVING JURISDICTION WITHIN TWENTY DAYS OF THE THIRD ANNIVERSARY  OF  THE
 DRUG  DEALER'S  INITIAL  REGISTRATION  AND  EVERY THREE YEARS THEREAFTER
 DURING THE PERIOD OF REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT
 PHOTOGRAPH OF SUCH DEALER. THE LAW ENFORCEMENT AGENCY  HAVING  JURISDIC-
 TION  SHALL PHOTOGRAPH THE DRUG DEALER AND SHALL PROMPTLY FORWARD A COPY
 OF SUCH PHOTOGRAPH TO THE DIVISION. FOR PURPOSES OF THIS  PARAGRAPH,  IF
 SUCH  DRUG DEALER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY,
 THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL BE THE  WARD-
 EN,  SUPERINTENDENT,  SHERIFF  OR OTHER PERSON IN CHARGE OF THE STATE OR
 LOCAL CORRECTIONAL FACILITY.
   (F) IF THE DRUG DEALER FAILS TO MAIL THE SIGNED VERIFICATION  FORM  TO
 THE  DIVISION  WITHIN  TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, THEY
 SHALL BE IN VIOLATION OF THIS SECTION UNLESS THEY PROVE THAT  THEY  HAVE
 NOT CHANGED THEIR RESIDENCE ADDRESS.
   (G)  IF  THE DRUG DEALER, TO WHOM A NOTICE HAS BEEN MAILED AT THE LAST
 REPORTED ADDRESS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
 ONE HUNDRED SIXTY-NINE-B OF THIS ARTICLE, FAILS TO PERSONALLY APPEAR  AT
 THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, AS PROVIDED IN PARAGRAPH
 (D) OR (E) OF THIS SUBDIVISION, WITHIN TWENTY DAYS OF THE ANNIVERSARY OF
 THE DRUG DEALER'S INITIAL REGISTRATION, OR AN ALTERNATE LATER DATE SCHE-
 DULED  BY  THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION, THEY SHALL BE
 IN VIOLATION OF THIS SECTION. THE DUTY TO  PERSONALLY  APPEAR  FOR  SUCH
 UPDATED  PHOTOGRAPH  SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
 WHICH THE DRUG DEALER IS CONFINED IN ANY HOSPITAL  OR  INSTITUTION,  AND
 SUCH  DRUG DEALER SHALL PERSONALLY APPEAR FOR SUCH UPDATED PHOTOGRAPH NO
 LATER THAN NINETY DAYS AFTER RELEASE FROM SUCH HOSPITAL OR  INSTITUTION,
 OR  AN  ALTERNATE  LATER  DATE  SCHEDULED  BY THE LAW ENFORCEMENT AGENCY
 HAVING JURISDICTION.
   3. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
 BE APPLICABLE TO ANY DRUG DEALER  WHOSE  CONVICTION  WAS  REVERSED  UPON
 APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
   4.  ANY DRUG DEALER SHALL REGISTER WITH THE DIVISION NO LATER THAN TEN
 CALENDAR DAYS AFTER ANY CHANGE OF ADDRESS, OR ANY CHANGE OF THEIR STATUS
 OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF
 HIGHER EDUCATION. A FEE OF TEN DOLLARS,  AS  AUTHORIZED  BY  SUBDIVISION
 EIGHT  OF  SECTION  ONE  HUNDRED  SIXTY-NINE-B OF THIS ARTICLE, SHALL BE
 SUBMITTED BY THE DRUG DEALER EACH TIME SUCH DEALER REGISTERS ANY  CHANGE
 OF  ADDRESS  OR  ANY  CHANGE  OF THEIR STATUS OF ENROLLMENT, ATTENDANCE,
 EMPLOYMENT OR RESIDENCE AT ANY  INSTITUTION  OF  HIGHER  EDUCATION.  ANY
 FAILURE  OR  OMISSION  TO  SUBMIT  THE REQUIRED FEE SHALL NOT AFFECT THE
 ACCEPTANCE BY THE DIVISION OF THE CHANGE OF ADDRESS OR CHANGE OF STATUS.
   § 169-G. PRIOR CONVICTIONS;  DUTY  TO  INFORM  AND  REGISTER.  1.  THE
 DEPARTMENT  OR  OFFICE  OF  PROBATION  AND  CORRECTIONAL ALTERNATIVES IN
 ACCORDANCE  WITH  RISK  FACTORS  PURSUANT   TO   SECTION   ONE   HUNDRED
 SIXTY-NINE-L  OF  THIS ARTICLE SHALL DETERMINE THE DURATION OF REGISTRA-
 A. 5738                             9
 
 TION AND NOTIFICATION FOR EVERY DRUG DEALER WHO ON THE EFFECTIVE DATE OF
 THIS ARTICLE IS THEN  ON  COMMUNITY  SUPERVISION  OR  PROBATION  FOR  AN
 OFFENSE  PROVIDED  FOR  IN SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-
 NINE-A OF THIS ARTICLE.
   2. EVERY DRUG DEALER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN
 ON  COMMUNITY  SUPERVISION  OR  PROBATION FOR AN OFFENSE PROVIDED FOR IN
 SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-NINE-A  OF  THIS  ARTICLE
 SHALL WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH THEIR
 PAROLE  OR  PROBATION  OFFICER. ON EACH ANNIVERSARY OF THE DRUG DEALER'S
 INITIAL REGISTRATION DATE THEREAFTER,  THE  PROVISIONS  OF  SECTION  ONE
 HUNDRED  SIXTY-NINE-F  OF  THIS ARTICLE SHALL APPLY. ANY DRUG DEALER 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
 DRUG DEALER 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 DRUG DEALER ACCORDING TO THE REQUIREMENTS  IMPOSED  BY
 THIS  ARTICLE.  A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY OF THE
 FORM TO THE DRUG DEALER AND SHALL, WITHIN THREE CALENDAR DAYS, SEND  TWO
 COPIES ELECTRONICALLY OR OTHERWISE TO THE DEPARTMENT WHICH SHALL FORWARD
 ONE  COPY  ELECTRONICALLY  OR  OTHERWISE  TO  THE LAW ENFORCEMENT AGENCY
 HAVING JURISDICTION WHERE THE DRUG DEALER RESIDES UPON  THEIR  COMMUNITY
 SUPERVISION, PROBATION, OR LOCAL CONDITIONAL RELEASE.
   4.  A  PETITION  FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DRUG
 DEALER REQUIRED TO REGISTER WHILE RELEASED TO COMMUNITY  SUPERVISION  OR
 PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE.
   § 169-H. DURATION OF REGISTRATION AND VERIFICATION. 1. THE DURATION OF
 REGISTRATION  AND VERIFICATION FOR A DRUG DEALER SHALL BE ANNUALLY FOR A
 PERIOD OF TWENTY YEARS FROM THE INITIAL DATE OF REGISTRATION.
   2. ANY DRUG DEALER HAVING BEEN DESIGNATED A  LEVEL  THREE  RISK  SHALL
 ALSO PERSONALLY VERIFY THEIR ADDRESS EVERY NINETY CALENDAR DAYS WITH THE
 LOCAL  LAW  ENFORCEMENT  AGENCY  HAVING  JURISDICTION  WHERE  THE DEALER
 RESIDES.
   § 169-I. REGISTRATION AND VERIFICATION REQUIREMENTS.  REGISTRATION AND
 VERIFICATION AS REQUIRED BY THIS ARTICLE SHALL CONSIST OF A STATEMENT IN
 WRITING SIGNED BY  THE  DRUG  DEALER  GIVING  THE  INFORMATION  THAT  IS
 REQUIRED  BY  THE  DIVISION AND THE DIVISION SHALL ENTER THE INFORMATION
 INTO AN APPROPRIATE ELECTRONIC DATA BASE OR FILE.
   § 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
 ADDRESS.  1.  UPON  RECEIPT  OF  A  CHANGE  OF  ADDRESS BY A DRUG DEALER
 REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL  NOTIFY  THE
 LOCAL  LAW  ENFORCEMENT  AGENCY  HAVING JURISDICTION OF THE NEW PLACE OF
 RESIDENCE AND THE LOCAL LAW ENFORCEMENT AGENCY  WHERE  THE  DRUG  DEALER
 LAST RESIDED OF THE NEW PLACE OF RESIDENCE.
   2.  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-NINE-L OF THIS ARTICLE.
   3. THE DIVISION SHALL, IF THE DRUG DEALER CHANGES RESIDENCE TO ANOTHER
 STATE,  NOTIFY THE APPROPRIATE AGENCY WITHIN THAT STATE OF THE NEW PLACE
 OF RESIDENCE.
   4. UPON RECEIPT OF A CHANGE IN THE STATUS OF THE  ENROLLMENT,  ATTEND-
 ANCE, EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A
 DRUG  DEALER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE DIVISION SHALL
 NOTIFY EACH LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHICH IS AFFECTED
 BY SUCH CHANGE.
 A. 5738                            10
 
   5. UPON RECEIPT OF CHANGE IN THE STATUS OF THE ENROLLMENT, ATTENDANCE,
 EMPLOYMENT OR RESIDENCE AT AN INSTITUTION OF HIGHER EDUCATION BY A  DRUG
 DEALER  REQUIRED  TO  REGISTER  UNDER THIS ARTICLE, EACH LAW ENFORCEMENT
 AGENCY HAVING JURISDICTION SHALL ADHERE TO THE  NOTIFICATION  PROVISIONS
 SET FORTH IN SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-NINE-L OF THIS
 ARTICLE.
   §  169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.  1. A
 DRUG DEALER WHO HAS BEEN CONVICTED OF AN OFFENSE UNDER  SUBDIVISION  TWO
 OF  SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE AND REQUIRES REGIS-
 TRATION SHALL NOTIFY THE DIVISION OF THE NEW ADDRESS NO LATER  THAN  TEN
 CALENDAR  DAYS  AFTER  SUCH  DRUG  DEALER  ESTABLISHES RESIDENCE IN THIS
 STATE.
   2. THE DIVISION SHALL ADVISE THE BOARD THAT THE DRUG DEALER HAS ESTAB-
 LISHED RESIDENCE IN THIS STATE. THE BOARD SHALL  DETERMINE  WHETHER  THE
 DRUG  DEALER IS REQUIRED TO REGISTER WITH THE DIVISION.  IF IT IS DETER-
 MINED THAT THE DRUG DEALER IS REQUIRED TO REGISTER, THE  DIVISION  SHALL
 NOTIFY  THE  DRUG  DEALER OF THE DUTY TO REGISTER UNDER THIS ARTICLE AND
 SHALL REQUIRE THE DRUG DEALER TO SIGN A FORM AS MAY BE REQUIRED  BY  THE
 DIVISION  ACKNOWLEDGING  THAT THE DUTY TO REGISTER AND THE PROCEDURE FOR
 REGISTRATION HAS BEEN EXPLAINED TO THE DRUG DEALER. THE  DIVISION  SHALL
 OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE DRUG DEALER EXPECTS TO RESIDE
 WITHIN THE STATE AND THE DRUG DEALER 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 DRUG  DEALER
 EXPECTS  TO RESIDE WITHIN THIS STATE. NO LATER THAN THIRTY DAYS PRIOR TO
 THE BOARD MAKING A RECOMMENDATION, THE DRUG  DEALER  SHALL  BE  NOTIFIED
 THAT THEIR CASE IS UNDER REVIEW AND THAT THEY ARE IS PERMITTED TO SUBMIT
 TO THE BOARD ANY INFORMATION RELEVANT TO THE REVIEW. AFTER REVIEWING ANY
 INFORMATION  OBTAINED, AND APPLYING THE GUIDELINES ESTABLISHED IN SUBDI-
 VISION FIVE OF SECTION ONE HUNDRED SIXTY-NINE-L  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-NINE-L  OF  THIS  ARTICLE.  THIS  RECOMMENDATION 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 DRUG DEALER  AND
 TO  THE DRUG DEALER. IT SHALL BE THE DUTY OF THE COUNTY COURT OR SUPREME
 COURT IN THE COUNTY OF RESIDENCE OF THE DRUG DEALER, APPLYING THE GUIDE-
 LINES  ESTABLISHED  IN  SUBDIVISION  FIVE   OF   SECTION   ONE   HUNDRED
 SIXTY-NINE-L  OF  THIS  ARTICLE,  TO DETERMINE THE LEVEL OF NOTIFICATION
 PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-NINE-L OF  THIS
 ARTICLE.  AT  LEAST  THIRTY  DAYS PRIOR TO THE DETERMINATION PROCEEDING,
 SUCH COURT SHALL NOTIFY THE DISTRICT ATTORNEY AND THE  DRUG  DEALER,  IN
 WRITING, OF THE DATE OF THE DETERMINATION PROCEEDING AND THE COURT SHALL
 ALSO  PROVIDE  THE  DISTRICT ATTORNEY AND DRUG DEALER 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  SUBSTANTIALLY  SIMILAR  STATEMENT:
 "THIS  PROCEEDING IS BEING HELD TO DETERMINE WHETHER YOU WILL BE CLASSI-
 FIED AS A LEVEL 3 DEALER (RISK OF REPEAT OFFENSE IS  HIGH),  A  LEVEL  2
 DEALER  (RISK  OF REPEAT OFFENSE IS MODERATE), OR A LEVEL 1 DEALER (RISK
 OF REPEAT OFFENSE IS LOW), WHICH WILL DETERMINE HOW LONG YOU MUST REGIS-
 TER AS A DRUG DEALER AND HOW MUCH INFORMATION CAN  BE  PROVIDED  TO  THE
 PUBLIC  CONCERNING  YOUR  REGISTRATION.  IF  YOU  FAIL TO APPEAR AT THIS
 PROCEEDING, WITHOUT SUFFICIENT EXCUSE, IT SHALL BE HELD IN YOUR ABSENCE.
 FAILURE TO APPEAR MAY RESULT IN A LONGER PERIOD  OF  REGISTRATION  OR  A
 A. 5738                            11
 
 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 DRUG DEALER THAT THEY HAVE A RIGHT TO A
 HEARING  PRIOR TO THE COURT'S DETERMINATION, THAT THEY HAVE THE RIGHT TO
 BE REPRESENTED BY COUNSEL AT  THE  HEARING  AND  THAT  COUNSEL  WILL  BE
 APPOINTED  IF  FINANCIALLY  UNABLE  TO RETAIN COUNSEL. A RETURNABLE FORM
 SHALL BE ENCLOSED IN THE COURT'S NOTICE TO THE DRUG DEALER ON WHICH  THE
 DRUG  DEALER  MAY  APPLY  FOR ASSIGNMENT OF COUNSEL.  IF THE DRUG DEALER
 APPLIES FOR ASSIGNMENT OF COUNSEL AND THE COURT FINDS THAT THE DEALER IS
 FINANCIALLY UNABLE TO RETAIN COUNSEL, THE COURT SHALL ASSIGN COUNSEL  TO
 REPRESENT  THE  DRUG DEALER PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY
 LAW. IF THE DISTRICT ATTORNEY SEEKS A DETERMINATION  THAT  DIFFERS  FROM
 THE  RECOMMENDATION  SUBMITTED  BY THE BOARD, AT LEAST TEN DAYS PRIOR TO
 THE DETERMINATION PROCEEDING THE DISTRICT ATTORNEY SHALL PROVIDE TO  THE
 COURT  AND  THE DRUG DEALER A STATEMENT SETTING FORTH THE DETERMINATIONS
 SOUGHT BY THE DISTRICT ATTORNEY TOGETHER WITH THE  REASONS  FOR  SEEKING
 SUCH DETERMINATIONS. THE COURT SHALL ALLOW THE DRUG DEALER TO APPEAR AND
 BE  HEARD.  THE  STATE  SHALL  APPEAR BY THE DISTRICT ATTORNEY, OR THEIR
 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-NINE-L OF THIS ARTICLE TO DETERMINE
 THE LEVEL OF NOTIFICATION PURSUANT TO SUBDIVISION  SIX  OF  SECTION  ONE
 HUNDRED  SIXTY-NINE-L  OF THIS ARTICLE. WHERE THERE IS A DISPUTE BETWEEN
 THE PARTIES CONCERNING THE DETERMINATIONS, THE COURT SHALL  ADJOURN  THE
 HEARING  AS NECESSARY TO PERMIT THE DRUG DEALER OR THE DISTRICT ATTORNEY
 TO OBTAIN MATERIALS RELEVANT TO THE DETERMINATIONS FROM THE STATE  BOARD
 OF  EXAMINERS  OF DRUG DEALERS 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  RELEVANT
 MATERIALS  AND  EVIDENCE  SUBMITTED  BY THE DRUG DEALER 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
 RE-LITIGATED. THE COURT SHALL RENDER AN ORDER SETTING FORTH ITS DETERMI-
 NATIONS 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 MATE-
 RIAL 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 DRUG
 DEALER UPON THE GROUND THAT THE DRUG DEALER  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.  THE  DIVISION  SHALL UNDERTAKE AN INFORMATION CAMPAIGN DESIGNED TO
 PROVIDE INFORMATION TO OFFICIALS AND APPROPRIATE  INDIVIDUALS  IN  OTHER
 STATES  AND UNITED STATES POSSESSIONS CONCERNING THE NOTIFICATION PROCE-
 DURES REQUIRED BY THIS ARTICLE. SUCH INFORMATION CAMPAIGN SHALL BE ONGO-
 ING, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, LETTERS, NOTICE FORMS AND
 SIMILAR MATERIALS PROVIDING RELEVANT INFORMATION ABOUT THIS ARTICLE  AND
 A. 5738                            12
 
 THE  SPECIFIC PROCEDURES REQUIRED TO EFFECT NOTIFICATION. SUCH MATERIALS
 SHALL INCLUDE AN ADDRESS AND TELEPHONE NUMBER WHICH SUCH  OFFICIALS  AND
 INDIVIDUALS  IN  OTHER  STATES  AND UNITED STATES POSSESSIONS MAY USE TO
 OBTAIN ADDITIONAL INFORMATION.
   4.  IF A DRUG DEALER, 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.
   § 169-L. BOARD OF EXAMINERS OF DRUG DEALERS. 1. THERE SHALL BE A BOARD
 OF EXAMINERS OF DRUG DEALERS WHICH SHALL POSSESS THE POWERS  AND  DUTIES
 HEREINAFTER   SPECIFIED.  SUCH  BOARD  SHALL  CONSIST  OF  FIVE  MEMBERS
 APPOINTED BY THE GOVERNOR. ALL MEMBERS SHALL BE EMPLOYEES OF THE DEPART-
 MENT AND SHALL BE EXPERTS IN THE FIELD OF THE BEHAVIOR AND TREATMENT  OF
 DRUG  DEALERS.  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
 THEY ARE TO SUCCEED. IN THE EVENT OF THE INABILITY TO ACT OF ANY MEMBER,
 THE  GOVERNOR MAY APPOINT SOME COMPETENT INFORMED PERSON TO ACT IN THEIR
 STEAD DURING THE CONTINUANCE OF SUCH DISABILITY.
   2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
 CHAIR 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 DRUG DEALER 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 DRUG DEALER SERVED THE MAXIMUM TERM;
   (II) WHETHER THE DRUG DEALER SOLD DRUGS TO A MINOR;
   (III) THE AMOUNT OF DRUGS SOLD; AND
   (IV)  THE  AGE OF THE DRUG DEALER AT THE TIME OF THE COMMISSION OF THE
 FIRST DRUG SALE;
   (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
 RISK, INCLUDING 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  DRUG  DEALER  IS  UNDER  SUPERVISION  OR
 RESIDING IN A HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION; AND
   (D) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED.
   6.  THE GUIDELINES SHALL BE APPLIED BY THE BOARD TO MAKE A RECOMMENDA-
 TION TO THE SENTENCING COURT WHICH SHALL BE CONFIDENTIAL AND  SHALL  NOT
 BE  AVAILABLE  FOR PUBLIC INSPECTION, PROVIDING FOR ONE OF THE FOLLOWING
 THREE LEVELS OF NOTIFICATION DEPENDING UPON THE DEGREE OF  THE  RISK  OF
 RE-OFFENSE BY THE DRUG DEALER.
   (A)  IF  THE  RISK  OF  REPEAT OFFENSE IS LOW, A LEVEL ONE DESIGNATION
 SHALL BE GIVEN TO SUCH DRUG DEALER. IN SUCH  CASE  THE  LAW  ENFORCEMENT
 AGENCY OR AGENCIES HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY OR
 AGENCIES  HAVING  HAD  JURISDICTION  AT  THE TIME OF CONVICTION SHALL BE
 NOTIFIED AND MAY DISSEMINATE RELEVANT INFORMATION WHICH  MAY  INCLUDE  A
 A. 5738                            13
 
 PHOTOGRAPH  AND DESCRIPTION OF THE DEALER AND WHICH MAY INCLUDE THE NAME
 OF THE DRUG DEALER, APPROXIMATE ADDRESS BASED ON THE DRUG  DEALER'S  ZIP
 CODE, BACKGROUND INFORMATION INCLUDING THE DEALER'S CRIME OF CONVICTION,
 MODUS OF OPERATION, AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGH-
 ER  EDUCATION AT WHICH THE DRUG DEALER IS ENROLLED, ATTENDS, IS EMPLOYED
 OR RESIDES.
   (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
 SHALL BE GIVEN TO SUCH DRUG DEALER. IN SUCH  CASE  THE  LAW  ENFORCEMENT
 AGENCY OR AGENCIES HAVING JURISDICTION AND THE LAW ENFORCEMENT AGENCY OR
 AGENCIES  HAVING  HAD  JURISDICTION  AT  THE TIME OF CONVICTION SHALL BE
 NOTIFIED AND MAY DISSEMINATE RELEVANT INFORMATION WHICH SHALL INCLUDE  A
 PHOTOGRAPH AND DESCRIPTION OF THE DEALER AND WHICH MAY INCLUDE THE EXACT
 NAME  AND ANY ALIASES USED BY THE DRUG DEALER, EXACT ADDRESS, BACKGROUND
 INFORMATION INCLUDING THE DEALER'S CRIME OF CONVICTION, MODE  OF  OPERA-
 TION, AND THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT
 WHICH THE DRUG DEALER IS ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES.
   (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
 THE  PUBLIC SAFETY A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH DRUG
 DEALER. IN SUCH CASE, THE LAW  ENFORCEMENT  AGENCY  OR  AGENCIES  HAVING
 JURISDICTION  AND  THE  LAW  ENFORCEMENT  AGENCY  OR AGENCIES HAVING HAD
 JURISDICTION AT THE TIME OF CONVICTION SHALL BE NOTIFIED AND MAY DISSEM-
 INATE  RELEVANT  INFORMATION  WHICH  SHALL  INCLUDE  A  PHOTOGRAPH   AND
 DESCRIPTION  OF THE DEALER AND WHICH MAY INCLUDE THE DRUG DEALER'S EXACT
 NAME AND ANY ALIASES USED BY THE DEALER, EXACT ADDRESS, ADDRESS  OF  THE
 DEALER'S PLACE OF EMPLOYMENT, BACKGROUND INFORMATION INCLUDING THE DEAL-
 ER'S CRIME OF CONVICTION, MODE OF OPERATION, AND THE NAME AND ADDRESS OF
 ANY  INSTITUTION  OF  HIGHER  EDUCATION  AT  WHICH  THE  DRUG  DEALER IS
 ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES.
   7. UPON REQUEST BY THE COURT, PURSUANT TO SECTION ONE  HUNDRED  SIXTY-
 NINE-O  OF  THIS  ARTICLE,  THE  BOARD  SHALL  PROVIDE AN UPDATED REPORT
 PERTAINING TO THE DRUG DEALER PETITIONING FOR  RELIEF  OF  THE  DUTY  TO
 REGISTER OR FOR A MODIFICATION OF THE LEVEL OF NOTIFICATION.
   8.  A  FAILURE  BY A STATE OR LOCAL AGENCY OR THE BOARD TO ACT OR BY A
 COURT TO RENDER A DETERMINATION WITHIN THE TIME PERIOD SPECIFIED IN THIS
 ARTICLE SHALL NOT AFFECT THE OBLIGATION OF THE DRUG DEALER  TO  REGISTER
 OR VERIFY UNDER THIS ARTICLE NOR SHALL SUCH FAILURE PREVENT A COURT FROM
 MAKING A DETERMINATION REGARDING THE DRUG DEALER'S LEVEL OF NOTIFICATION
 AND WHETHER SUCH DEALER IS REQUIRED BY LAW TO BE REGISTERED FOR A PERIOD
 OF  TWENTY YEARS OR FOR LIFE. WHERE A COURT IS UNABLE TO MAKE A DETERMI-
 NATION PRIOR TO THE  DATE  SCHEDULED  FOR  A  DRUG  DEALER'S  DISCHARGE,
 PAROLE, RELEASE TO POST-RELEASE SUPERVISION OR RELEASE, IT SHALL ADJOURN
 THE  HEARING  UNTIL AFTER THE DEALER IS DISCHARGED, PAROLED, RELEASED TO
 POST-RELEASE SUPERVISION  OR  RELEASED,  AND  SHALL  THEN  EXPEDITIOUSLY
 COMPLETE THE HEARING AND ISSUE ITS DETERMINATION.
   §  169-M.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
 CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
 TION, DISTRICT ATTORNEY, LAW ENFORCEMENT AGENCY,  PROBATION  DEPARTMENT,
 STATE  BOARD  OF  PAROLE, COURT OR CHILD PROTECTIVE AGENCY SHALL FORWARD
 RELEVANT INFORMATION PERTAINING TO  A  DRUG  DEALER  TO  BE  DISCHARGED,
 PAROLED,  RELEASED  TO POST-RELEASE SUPERVISION 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 SUBDI-
 VISION SIX OF SECTION ONE HUNDRED SIXTY-NINE-L OF  THIS  ARTICLE  WITHIN
 SIXTY  DAYS  OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE, BUT
 MAY NOT BE LIMITED TO ALL OR A PORTION OF THE ARREST FILE,  PROSECUTOR'S
 FILE,  PROBATION  OR  PAROLE  FILE,  CHILD  PROTECTIVE FILE, COURT FILE,
 A. 5738                            14
 
 COMMITMENT FILE, MEDICAL FILE AND  TREATMENT  FILE  PERTAINING  TO  SUCH
 PERSON. SUCH PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFOR-
 MATION  RELEVANT  TO  THE REVIEW. UPON APPLICATION OF THE DRUG DEALER OR
 THE  DISTRICT  ATTORNEY, THE COURT SHALL SEAL ANY PORTION OF THE BOARD'S
 FILE PERTAINING TO THE DRUG DEALER THAT CONTAINS MATERIAL THAT IS CONFI-
 DENTIAL UNDER ANY STATE OR FEDERAL LAW; PROVIDED, HOWEVER, THAT  IN  ANY
 SUBSEQUENT  PROCEEDINGS  IN  WHICH THE DRUG DEALER WHO IS THE SUBJECT OF
 THE SEALED RECORD IS A PARTY AND WHICH REQUIRES THE BOARD TO  PROVIDE  A
 RECOMMENDATION TO THE COURT PURSUANT TO THIS ARTICLE, SUCH SEALED RECORD
 SHALL  BE AVAILABLE TO THE DRUG DEALER, THE DISTRICT ATTORNEY, THE COURT
 AND THE ATTORNEY GENERAL WHERE THE  ATTORNEY  GENERAL  IS  A  PARTY,  OR
 REPRESENTS A PARTY, IN THE PROCEEDING.
   §  169-N.  JUDICIAL  DETERMINATION.  1. APPLYING THE GUIDELINES ESTAB-
 LISHED IN SUBDIVISION FIVE OF SECTION ONE HUNDRED SIXTY-NINE-L  OF  THIS
 ARTICLE, THE SENTENCING COURT SHALL MAKE A DETERMINATION WITH RESPECT TO
 THE  LEVEL  OF  NOTIFICATION,  AFTER RECEIVING A RECOMMENDATION FROM THE
 BOARD PURSUANT TO SECTION ONE  HUNDRED  SIXTY-NINE-L  OF  THIS  ARTICLE.
 BOTH  DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE THIRTY CALEN-
 DAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
   2. NO LATER THAN THIRTY DAYS PRIOR TO THE BOARD'S RECOMMENDATION,  THE
 DRUG  DEALER  SHALL BE NOTIFIED THAT THEIR CASE IS UNDER REVIEW AND THAT
 THEY ARE PERMITTED TO SUBMIT TO THE BOARD ANY  INFORMATION  RELEVANT  TO
 THE  REVIEW.  UPON RECEIPT OF THE BOARD'S RECOMMENDATION, THE SENTENCING
 COURT SHALL DETERMINE WHETHER THE DRUG DEALER WAS PREVIOUSLY FOUND TO BE
 ELIGIBLE FOR ASSIGNED COUNSEL IN THE UNDERLYING CASE. WHERE SUCH A FIND-
 ING WAS PREVIOUSLY MADE, THE COURT SHALL ASSIGN COUNSEL TO REPRESENT THE
 DEALER, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. AT LEAST TWEN-
 TY DAYS PRIOR TO THE  DETERMINATION  PROCEEDING,  THE  SENTENCING  COURT
 SHALL  NOTIFY  THE DISTRICT ATTORNEY, THE DRUG DEALER AND THE DRUG DEAL-
 ER'S COUNSEL, IN WRITING, OF THE DATE OF  THE  DETERMINATION  PROCEEDING
 AND  SHALL  ALSO  PROVIDE THE DISTRICT ATTORNEY, THE DRUG DEALER AND THE
 DRUG DEALER'S COUNSEL 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  STATE-
 MENT  OR  A  SUBSTANTIALLY SIMILAR STATEMENT:  "THIS PROCEEDING IS BEING
 HELD TO DETERMINE WHETHER YOU WILL BE CLASSIFIED AS  A  LEVEL  3  DEALER
 (RISK  OF  REPEAT  OFFENSE  IS  HIGH),  A LEVEL 2 DEALER (RISK OF REPEAT
 OFFENSE IS MODERATE), OR A LEVEL 1 DEALER (RISK  OF  REPEAT  OFFENSE  IS
 LOW),  WHICH  WILL DETERMINE HOW LONG YOU MUST REGISTER AS A DRUG DEALER
 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 WRITTEN  NOTICE  TO  THE
 DRUG  DEALER  SHALL ALSO ADVISE THE DEALER OF A RIGHT TO A HEARING PRIOR
 TO THE COURT'S DETERMINATION, AND THAT THEY HAVE THE RIGHT TO BE REPRES-
 ENTED BY COUNSEL AT THE HEARING. IF COUNSEL HAS BEEN ASSIGNED TO  REPRE-
 SENT  THE  DEALER AT THE DETERMINATION PROCEEDING, THE NOTICE SHALL ALSO
 PROVIDE THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE ASSIGNED  COUNSEL.
 WHERE  COUNSEL  HAS  NOT BEEN ASSIGNED, THE NOTICE SHALL ADVISE THE DRUG
 DEALER THAT COUNSEL WILL BE APPOINTED IF THEY ARE FINANCIALLY UNABLE  TO
 RETAIN  COUNSEL,  AND A RETURNABLE FORM SHALL BE ENCLOSED IN THE COURT'S
 NOTICE TO THE DRUG DEALER ON WHICH THE DRUG DEALER MAY APPLY FOR ASSIGN-
 MENT OF COUNSEL. IF THE DRUG DEALER APPLIES FOR  ASSIGNMENT  OF  COUNSEL
 AND  THE  COURT  FINDS  THAT  THE DEALER IS FINANCIALLY UNABLE TO RETAIN
 A. 5738                            15
 
 COUNSEL, THE COURT SHALL ASSIGN COUNSEL TO  REPRESENT  THE  DRUG  DEALER
 PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW. IF THE DISTRICT ATTOR-
 NEY SEEKS A DETERMINATION THAT DIFFERS FROM THE RECOMMENDATION SUBMITTED
 BY  THE  BOARD,  AT LEAST TEN DAYS PRIOR TO THE DETERMINATION PROCEEDING
 THE DISTRICT ATTORNEY SHALL PROVIDE TO THE COURT AND THE DRUG  DEALER  A
 STATEMENT SETTING FORTH THE DETERMINATIONS SOUGHT BY THE DISTRICT ATTOR-
 NEY TOGETHER WITH THE REASONS FOR SEEKING SUCH DETERMINATIONS. THE COURT
 SHALL  ALLOW  THE  DRUG  DEALER  TO APPEAR AND BE HEARD. THE STATE SHALL
 APPEAR BY THE DISTRICT ATTORNEY, OR THEIR DESIGNEE, WHO SHALL  BEAR  THE
 BURDEN  OF  PROVING  THE  FACTS  SUPPORTING THE DETERMINATIONS SOUGHT BY
 CLEAR AND CONVINCING EVIDENCE. WHERE THERE  IS  A  DISPUTE  BETWEEN  THE
 PARTIES CONCERNING THE DETERMINATIONS, THE COURT SHALL ADJOURN THE HEAR-
 ING  AS  NECESSARY TO PERMIT THE DRUG DEALER OR THE DISTRICT ATTORNEY TO
 OBTAIN MATERIALS RELEVANT TO THE DETERMINATIONS FROM THE STATE BOARD  OF
 EXAMINERS  OF  DRUG  DEALERS  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  RELEVANT
 MATERIALS  AND  EVIDENCE  SUBMITTED  BY THE DRUG DEALER AND THE DISTRICT
 ATTORNEY AND THE RECOMMENDATION  AND  ANY  MATERIALS  SUBMITTED  BY  THE
 BOARD,  AND  MAY  CONSIDER RELIABLE HEARSAY EVIDENCE SUBMITTED BY EITHER
 PARTY, PROVIDED THAT IT IS RELEVANT TO THE DETERMINATIONS. FACTS  PREVI-
 OUSLY  PROVEN  AT  TRIAL  OR  ELICITED AT THE TIME OF ENTRY OF A PLEA OF
 GUILTY SHALL BE DEEMED ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE  AND
 SHALL  NOT BE RELITIGATED. THE COURT SHALL RENDER AN ORDER SETTING FORTH
 ITS DETERMINATIONS AND THE FINDINGS OF FACT AND CONCLUSIONS  OF  LAW  ON
 WHICH THE DETERMINATIONS ARE BASED. A COPY OF THE ORDER SHALL BE SUBMIT-
 TED  BY THE COURT TO THE DIVISION. UPON APPLICATION OF EITHER PARTY, THE
 COURT SHALL SEAL ANY PORTION OF THE COURT FILE OR RECORD WHICH  CONTAINS
 MATERIAL THAT IS CONFIDENTIAL UNDER ANY STATE OR FEDERAL STATUTE. EITHER
 PARTY  MAY  APPEAL AS OF RIGHT FROM THE ORDER PURSUANT TO THE PROVISIONS
 OF ARTICLES FIFTY-FIVE, FIFTY-SIX AND FIFTY-SEVEN OF THE CIVIL  PRACTICE
 LAW  AND  RULES.  WHERE  COUNSEL HAS BEEN ASSIGNED TO REPRESENT THE DRUG
 DEALER UPON THE GROUND THAT THE DRUG DEALER  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.  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-NINE-Q
 OF THIS ARTICLE.
   4. UPON THE REVERSAL OF A CONVICTION OF  A  DRUG  OFFENSE  DEFINED  IN
 SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-NINE-A OF THIS ARTICLE, THE
 APPELLATE COURT SHALL REMAND THE CASE TO THE LOWER COURT FOR ENTRY OF AN
 ORDER DIRECTING THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT HERE-
 IN.
   5.  IF A DRUG DEALER, 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 THREE OF THIS SECTION.
   § 169-O. PETITION FOR RELIEF OR MODIFICATION. 1. ANY DRUG  DEALER  WHO
 IS CLASSIFIED AS A LEVEL TWO RISK, WHO IS REQUIRED TO REGISTER OR VERIFY
 PURSUANT TO THIS ARTICLE AND WHO HAS BEEN REGISTERED FOR A MINIMUM PERI-
 OD  OF THIRTY YEARS MAY BE RELIEVED OF ANY FURTHER DUTY TO REGISTER UPON
 THE GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING COURT OR BY  THE
 A. 5738                            16

 COURT  WHICH  MADE  THE DETERMINATION REGARDING DURATION OF REGISTRATION
 AND LEVEL OF NOTIFICATION. THE DRUG DEALER  SHALL  BEAR  THE  BURDEN  OF
 PROVING  BY  CLEAR  AND  CONVINCING  EVIDENCE  THAT THEIR RISK OF REPEAT
 OFFENSE  IS  NO  LONGER  NECESSARY. 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.
 SUCH A PETITION SHALL NOT BE CONSIDERED MORE THAN ONCE EVERY TWO  YEARS.
 IN  THE EVENT THAT THE DRUG DEALER'S PETITION FOR RELIEF IS GRANTED, THE
 DISTRICT ATTORNEY 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  REPRE-
 SENT THE DRUG DEALER UPON THE GROUND THAT THE DRUG DEALER 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.
   2.  ANY  DRUG  DEALER  REQUIRED TO REGISTER OR VERIFY PURSUANT TO THIS
 ARTICLE MAY PETITION THE SENTENCING COURT OR THE COURT  WHICH  MADE  THE
 DETERMINATION REGARDING THE LEVEL OF NOTIFICATION FOR AN ORDER MODIFYING
 THE  LEVEL  OF  NOTIFICATION.  THE PETITION SHALL SET FORTH THE LEVEL OF
 NOTIFICATION SOUGHT, TOGETHER WITH THE REASONS FOR SEEKING SUCH DETERMI-
 NATION. THE DRUG DEALER SHALL BEAR  THE  BURDEN  OF  PROVING  THE  FACTS
 SUPPORTING  THE REQUESTED MODIFICATION BY CLEAR AND CONVINCING EVIDENCE.
 SUCH A PETITION SHALL NOT BE CONSIDERED MORE  THAN  ANNUALLY.    IN  THE
 EVENT  THAT  THE DRUG DEALER'S PETITION TO MODIFY THE LEVEL OF NOTIFICA-
 TION IS GRANTED, THE DISTRICT ATTORNEY 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  DRUG  DEALER UPON THE GROUND THAT THE DRUG
 DEALER 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. THE DISTRICT ATTORNEY MAY FILE A PETITION TO MODIFY  THE  LEVEL  OF
 NOTIFICATION  FOR  A  DRUG  DEALER WITH THE SENTENCING COURT OR WITH THE
 COURT WHICH MADE THE DETERMINATION REGARDING THE LEVEL OF  NOTIFICATION,
 WHERE  THE  DRUG  DEALER (A) HAS BEEN CONVICTED OF A NEW CRIME, OR THERE
 HAS BEEN A DETERMINATION AFTER A PROCEEDING PURSUANT TO  SECTION  410.70
 OF THE CRIMINAL PROCEDURE LAW OR SECTION TWO HUNDRED FIFTY-NINE-I OF THE
 EXECUTIVE  LAW  THAT THE DRUG DEALER HAS VIOLATED ONE OR MORE CONDITIONS
 IMPOSED AS PART OF A SENTENCE OF  A  CONDITIONAL  DISCHARGE,  PROBATION,
 PAROLE  OR  POST-RELEASE SUPERVISION FOR A DESIGNATED CRIME, AND (B) THE
 CONDUCT UNDERLYING THE NEW CRIME OR THE VIOLATION IS OF  A  NATURE  THAT
 INDICATES AN INCREASED RISK OF A REPEAT DRUG OFFENSE. THE PETITION SHALL
 SET  FORTH  THE  LEVEL OF NOTIFICATION SOUGHT, TOGETHER WITH THE REASONS
 FOR SEEKING SUCH DETERMINATION. THE DISTRICT  ATTORNEY  SHALL  BEAR  THE
 BURDEN  OF  PROVING  THE FACTS SUPPORTING THE REQUESTED MODIFICATION, BY
 CLEAR AND CONVINCING EVIDENCE. IN THE EVENT THAT THE DISTRICT ATTORNEY'S
 PETITION IS GRANTED, THE DRUG DEALER 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 DEALER UPON THE GROUND THAT THEY ARE FINAN-
 CIALLY UNABLE TO RETAIN COUNSEL,  THAT  ASSIGNMENT  SHALL  BE  CONTINUED
 THROUGHOUT  THE  PENDENCY OF THE APPEAL, AND THE PERSON MAY PROCEED AS A
 POOR PERSON, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   4. UPON RECEIPT OF A PETITION SUBMITTED PURSUANT TO  SUBDIVISION  ONE,
 TWO  OR  THREE  OF  THIS  SECTION, THE COURT SHALL FORWARD A COPY OF THE
 A. 5738                            17
 
 PETITION TO THE BOARD AND REQUEST AN UPDATED  RECOMMENDATION  PERTAINING
 TO THE DRUG DEALER AND SHALL PROVIDE A COPY OF THE PETITION TO THE OTHER
 PARTY.  THE  COURT  SHALL ALSO ADVISE THE DRUG DEALER OF THE RIGHT TO BE
 REPRESENTED  BY  COUNSEL AT THE HEARING AND COUNSEL WILL BE APPOINTED IF
 FINANCIALLY UNABLE  TO  RETAIN  COUNSEL.  A  RETURNABLE  FORM  SHALL  BE
 ENCLOSED  IN  THE  COURT'S  NOTICE  TO THE DRUG DEALER ON WHICH THE DRUG
 DEALER MAY APPLY FOR ASSIGNMENT OF COUNSEL. IF THE DRUG  DEALER  APPLIES
 FOR  ASSIGNMENT OF COUNSEL AND THE COURT FINDS THAT THE DEALER IS FINAN-
 CIALLY UNABLE TO RETAIN COUNSEL,  THE  COURT  SHALL  ASSIGN  COUNSEL  TO
 REPRESENT  THE DEALER, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
 WHERE THE PETITION WAS FILED BY A DISTRICT  ATTORNEY,  AT  LEAST  THIRTY
 DAYS  PRIOR  TO  MAKING AN UPDATED RECOMMENDATION THE BOARD SHALL NOTIFY
 THE DRUG DEALER AND THEIR COUNSEL THAT THE DEALER'S CASE IS UNDER REVIEW
 AND THEY ARE PERMITTED TO SUBMIT TO THE BOARD ANY  INFORMATION  RELEVANT
 TO  THE  REVIEW.  THE  BOARD'S UPDATED RECOMMENDATION ON THE DRUG DEALER
 SHALL BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE FOR PUBLIC  INSPECTION.
 AFTER  RECEIVING  AN  UPDATED RECOMMENDATION FROM THE BOARD CONCERNING A
 DRUG DEALER, THE COURT SHALL, AT LEAST THIRTY DAYS PRIOR TO RULING  UPON
 THE  PETITION,  PROVIDE A COPY OF THE UPDATED RECOMMENDATION TO THE DRUG
 DEALER, THE DRUG DEALER'S COUNSEL AND THE DISTRICT ATTORNEY  AND  NOTIFY
 THEM,  IN  WRITING,  OF  THE  DATE SET BY THE COURT FOR A HEARING ON THE
 PETITION. AFTER REVIEWING THE RECOMMENDATION RECEIVED FROM THE BOARD AND
 ANY RELEVANT MATERIALS AND EVIDENCE SUBMITTED BY THE DRUG DEALER AND THE
 DISTRICT ATTORNEY, THE COURT MAY GRANT OR DENY THE PETITION.  THE  COURT
 MAY  ALSO CONSULT WITH THE VICTIM PRIOR TO MAKING A DETERMINATION ON THE
 PETITION. THE COURT SHALL RENDER AN ORDER  SETTING  FORTH  ITS  DETERMI-
 NATION,  AND  THE  FINDINGS  OF FACT AND CONCLUSIONS OF LAW ON WHICH THE
 DETERMINATION IS BASED. IF THE PETITION IS  GRANTED,  IT  SHALL  BE  THE
 OBLIGATION  OF  THE COURT TO SUBMIT A COPY OF ITS ORDER 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.
   § 169-P. SPECIAL TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE  HUNDRED
 SIXTY-NINE-B  OF  THIS  ARTICLE, THE DIVISION SHALL ALSO OPERATE A TELE-
 PHONE NUMBER THAT MEMBERS OF THE PUBLIC MAY  CALL  FREE  OF  CHARGE  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-NINE-L OF THIS  ARTICLE.  THE  DIVISION
 SHALL  DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON
 LISTED, BASED UPON INFORMATION 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,  DISTINCTIVE  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 CHARAC-
 TERISTICS SHALL BE PROVIDED.
   2. WHEN THE TELEPHONE NUMBER IS CALLED, A  PREAMBLE  SHALL  BE  PLAYED
 WHICH SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
   (B) NOTICE THAT THERE IS NO CHARGE FOR USE OF THE TELEPHONE NUMBER;
 A. 5738                            18

   (C)  NOTICE  THAT  THE  CALLER IS REQUIRED TO IDENTIFY THEMSELF TO THE
 OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A  WRIT-
 TEN RECORD;
   (D)  NOTICE THAT THE CALLER IS REQUIRED TO BE EIGHTEEN YEARS OF AGE OR
 OLDER;
   (E) A WARNING THAT IT IS ILLEGAL TO USE INFORMATION  OBTAINED  THROUGH
 THE  TELEPHONE  NUMBER TO COMMIT A CRIME AGAINST ANY PERSON LISTED OR TO
 ENGAGE IN ILLEGAL DISCRIMINATION OR HARASSMENT AGAINST SUCH PERSON;
   (F) NOTICE THAT THE CALLER IS REQUIRED TO HAVE THE BIRTH  DATE,  DRIV-
 ER'S  LICENSE  OR IDENTIFICATION NUMBER, OR ADDRESS OR OTHER IDENTIFYING
 INFORMATION REGARDING THE PERSON ABOUT WHOM  INFORMATION  IS  SOUGHT  IN
 ORDER TO ACHIEVE A POSITIVE IDENTIFICATION OF THAT PERSON;
   (G)  A  STATEMENT  THAT THE NUMBER IS NOT A CRIME HOTLINE AND THAT ANY
 SUSPECTED CRIMINAL ACTIVITY SHOULD BE REPORTED TO LOCAL AUTHORITIES;
   (H) A STATEMENT THAT AN  INFORMATION  PACKAGE  WHICH  WILL  INCLUDE  A
 DESCRIPTION  OF THE LAW AND DRUG OFFENSE ARE AVAILABLE UPON REQUEST FROM
 THE DIVISION. SUCH  INFORMATION  PACKAGE  SHALL  INCLUDE  QUESTIONS  AND
 ANSWERS REGARDING THE MOST COMMONLY ASKED QUESTIONS ABOUT THE DRUG DEAL-
 ER REGISTRATION ACT, AND CURRENT DRUG OFFENSE PREVENTION MATERIAL.
   3.  (A) THE DIVISION SHALL ESTABLISH A PROGRAM ALLOWING NON-PROFIT AND
 NOT-FOR-PROFIT YOUTH SERVICES ORGANIZATIONS  TO  PRE-REGISTER  WITH  THE
 DIVISION  FOR  USE  OF  THE  TELEPHONE  NUMBER.   PRE-REGISTRATION SHALL
 INCLUDE THE IDENTIFICATION OF UP TO TWO OFFICIALS  OF  THE  ORGANIZATION
 WHO  MAY  CALL  THE TELEPHONE NUMBER AND OBTAIN INFORMATION ON BEHALF OF
 THE ORGANIZATION. A PRE-REGISTERED CERTIFICATE ISSUED UNDER THIS  SUBDI-
 VISION SHALL BE VALID FOR TWO YEARS, UNLESS EARLIER REVOKED BY THE DIVI-
 SION  FOR  GOOD CAUSE SHOWN. NO FEE SHALL BE CHARGED TO AN APPLICANT FOR
 THE ISSUANCE OF A PRE-REGISTERED CERTIFICATE PURSUANT TO  THIS  SUBDIVI-
 SION.
   (B)  AN  ORGANIZATION GRANTED A PRE-REGISTERED CERTIFICATE PURSUANT TO
 THIS SUBDIVISION MAY, UPON CALLING THE TELEPHONE NUMBER, INQUIRE WHETHER
 MULTIPLE NAMED INDIVIDUALS ARE  LISTED  ON  THE  DRUG  DEALER  REGISTRY.
 NOTWITHSTANDING  ANY PER CALL LIMITATION THE DIVISION MAY PLACE ON CALLS
 BY PRIVATE INDIVIDUALS, THE DIVISION  SHALL  ALLOW  SUCH  PRE-REGISTERED
 ORGANIZATIONS TO INQUIRE ABOUT UP TO TWENTY PROSPECTIVE COACHES, LEADERS
 OR VOLUNTEERS IN EACH CALL TO THE TELEPHONE NUMBER.
   (C)  FOR  PURPOSES  OF THIS SUBDIVISION, "YOUTH SERVICES ORGANIZATION"
 SHALL MEAN A FORMALIZED PROGRAM OPERATED BY A  CORPORATION  PURSUANT  TO
 SUBPARAGRAPH  FIVE  OF  PARAGRAPH  (A) OF SECTION ONE HUNDRED TWO OF THE
 NOT-FOR-PROFIT CORPORATION LAW THAT FUNCTIONS PRIMARILY TO: (A)  PROVIDE
 CHILDREN  THE  OPPORTUNITY  TO  PARTICIPATE IN ADULT-SUPERVISED SPORTING
 ACTIVITIES; OR (B) MATCH CHILDREN  OR  GROUPS  OF  CHILDREN  WITH  ADULT
 VOLUNTEERS  FOR  THE  PURPOSE  OF  PROVIDING CHILDREN WITH POSITIVE ROLE
 MODELS TO ENHANCE THEIR DEVELOPMENT.
   4. 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.
 A. 5738                            19
 
   5.  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.
   §  169-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
 TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE DRUG DEALERS. THE SUBDIRECTO-
 RY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF  THE  DEALER'S  PLACE  OF
 EMPLOYMENT  AND  PHOTOGRAPH  OF THE DRUG DEALER ALONG WITH THE FOLLOWING
 INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE AND  DISTINC-
 TIVE MARKINGS. BACKGROUND INFORMATION INCLUDING ALL OF THE DRUG DEALER'S
 CRIMES OF CONVICTION THAT REQUIRE REGISTRATION PURSUANT TO THIS ARTICLE,
 THE NAME AND ADDRESS OF ANY INSTITUTION OF HIGHER EDUCATION AT WHICH THE
 DRUG  DEALER  IS  ENROLLED,  ATTENDS,  IS  EMPLOYED  OR  RESIDES  AND  A
 DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE DRUG DEALER SHALL  ALSO
 BE  INCLUDED.  THE SUBDIRECTORY SHALL HAVE DRUG DEALER LISTINGS CATEGOR-
 IZED BY COUNTY AND ZIP CODE. 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.
   §  169-R. 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, UNLESS IT IS SHOWN
 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
 BAD 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
 A. 5738                            20
 
 RELEASE INFORMATION AS AUTHORIZED IN THIS SECTION  UNLESS  IT  IS  SHOWN
 THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY ACTED WITH GROSS NEGLIGENCE OR IN
 BAD FAITH.
   § 169-S. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
 IN EACH YEAR FILE A REPORT WITH THE GOVERNOR AND THE LEGISLATURE DETAIL-
 ING  THE  PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND EFFEC-
 TIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY  RECOMMEN-
 DATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
   §  169-T.  PENALTY.  ANY DRUG DEALER REQUIRED TO REGISTER OR TO VERIFY
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE  WHO  FAILS  TO  REGISTER  OR
 VERIFY  IN  THE  MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS
 ARTICLE SHALL BE GUILTY OF A CLASS E  FELONY  UPON  CONVICTION  FOR  THE
 FIRST  OFFENSE,  AND  UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE
 SHALL BE GUILTY OF A CLASS D FELONY. ANY DRUG DEALER  WHO  VIOLATES  THE
 PROVISIONS  OF SECTION ONE HUNDRED SIXTY-NINE-V OF THIS ARTICLE SHALL BE
 GUILTY OF A CLASS A MISDEMEANOR UPON CONVICTION FOR THE  FIRST  OFFENSE,
 AND  UPON  CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY
 OF A CLASS D FELONY.  ANY SUCH FAILURE TO REGISTER OR VERIFY MAY ALSO BE
 THE BASIS FOR REVOCATION OF  PAROLE  PURSUANT  TO  SECTION  TWO  HUNDRED
 FIFTY-NINE-I  OF  THE  EXECUTIVE  LAW  OR  THE  BASIS  FOR REVOCATION OF
 PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
 LAW.
   § 169-U. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
 OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
 NOR.
   § 169-V. PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES ENGAGED IN RETAIL
 SALES OF FROZEN DESSERTS. NO PERSON REQUIRED  TO  MAINTAIN  REGISTRATION
 UNDER  THIS  ARTICLE  (DRUG  DEALER  REGISTRATION ACT) SHALL OPERATE, BE
 EMPLOYED ON OR DISPENSE GOODS FOR SALE AT  RETAIL  ON  A  MOTOR  VEHICLE
 ENGAGED  IN  RETAIL  SALES  OF FROZEN DESSERTS AS DEFINED IN SUBDIVISION
 THIRTY-SEVEN OF SECTION THREE HUNDRED SEVENTY-FIVE OF  THE  VEHICLE  AND
 TRAFFIC LAW.
   § 169-W. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF
 SHALL  BE  ADJUDGED  BY A COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OR
 ANY OTHER SECTION OR PART THEREOF.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.