NY State Senate Bill 2013-S1389

Senate Bill S1389

2013-2014 Legislative Session

Expands the information that will be maintained on sex offenders by the division of criminal justice services

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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
Jan 08, 2014	referred to crime victims, crime and correction
Jan 09, 2013	referred to crime victims, crime and correction

2013-S1389 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b - 168-f, 168-j - 168-l, 168-q & 168-t, Cor L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1486
2011-2012: S1531

2013-S1389 (ACTIVE) - Summary

Requires the division of criminal justice services to maintain a record of the social security number, license plate number, motor vehicle description, employment address and criminal history of sex offenders; requires level 3 sex offenders to personally verify their registration every 3 months; requires level 2 sex offenders to personally verify their registration every 6 months; requires level 1 sex offenders to personally verify their registration annually

2013-S1389 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1389               REVISED 1/8/13

TITLE OF BILL:  An act to amend the correction law, in relation to the
maintenance of information on sex offenders, registration and
verification by sex offenders, the subdirectory of sex offenders, and
the penalty for the failure of a sex offender to comply with
verification and registration requirements

PURPOSE: To amend the Sex Offender Registration Act (Correction Law
article 6-C) to conform to provisions of federal law (Pl. 109-248).

SUMMARY OF PROVISIONS: Section 1 amends paragraphs (a) and (e) and
adds a new paragraph (e1) to subdivision 1 of section 168-b of the
Correction Law to provide that information in the Sex Offender
Registry maintained by the Division of Criminal Justice Services
include the license plate number and description of any motor vehicle
owned or operated by the sex offender, the employment address and/or
expected place of employment of the sex offender regardless of risk
level and the criminal history of the sex offender.

Section 2 amends subdivisions 1 and 2 of section 168-c of the
Correction Law to require that all sex offenders provide their
employment address or place of employment.

Section 3 and 4 amends subdivision 2 of section 168-d and subdivision
1 of section 168-e of the Correction Law to require sex offenders to

provide their employment address and/or expected place of employment.

Section 5 amends subdivisions 2 and 4 of section 168-f of the
Correction Law to require that level 3 offenders personally appear at
the law enforcement agency having jurisdiction every 3 months for the
purpose of providing a current photograph of the offender. Level 2
offenders must personally appear every 6 months and level 1 offenders
must personally appear annually. All sex offenders must also
personally appear at the law enforcement agency having jurisdiction
within 3 days after any change of name or address or change in status
at an institution of higher education.

Section 6 amends subdivisions 4 and 5 of section 168-j of the
Correction Law with regard to sex offenders providing their employment
address or place of employment.

Section 7 amends subdivision 2 of section 168-k of the Correction Law
to require that the sex offenders convicted in another jurisdiction
who establish residence in New York provide such information as is
required by DCJS.

Section 8 amends paragraph (a), (b) and (c) of subdivision 6 of
section 168-1 of the Correction Law, paragraph (a) as amended by
Chapter 106 of the Laws of 2006, paragraph (b) as amended by Chapter
513 of the Laws of 2011 and paragraph (c) as separately amended by
Chapters 318 and 680 of the Laws of 2005, are amended to conform the
provisions of those paragraphs to Correction Law section 168-q with
regard to information provided to the public in the subdirectory.


Section 9 amends subdivision 1 of section 168-q of the Correction Law,
as amended by Chapter 532 of the Laws of 2011 with regard to the
information on sex offenders which the Division of Criminal Justice
Services may include in the subdirectory posted by the Division on the
Internet.

Section 10 amends Correction Law section 168-t to provide that the
penalty for failure to register or verify, or for a violation of
section 168-v shall be a class D felony.

Section 11 is the effective date.

JUSTIFICATION: The "Adam Walsh Child Protection and Safety Act of
2006" (P.L. 109-248) which became effective in July of 2006 requires
that states provide additional information in the Sex Offender
Registry and also provides a criminal penalty that includes a maximum
term of imprisonment that is greater than one year for the failure of
a sex offender to comply with the requirements of the Sex Offender
Registration Act.

Any state that fails to substantially implement the requirement of
P.L.109-248 shall not receive 10% of the funds that would otherwise be
allocated under the Omnibus Crime Control and Safe Streets Act of 1968
(42U.S.C. 3750 et seq.).  This bill implements the requirements of
P.L. 109-248.

LEGISLATIVE HISTORY:  2011/2012 - S.1531A - Referred to Crime Victims,
Crime & Correction 2009/2010 - S.1486 - Referred to Crime Victims,
Crime & Correction 2007/2008 - S.1772 - Passed Senate,
Non-Controversial

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: November 1 after enactment and applies to sex
offenders registered or required to register immediately prior to the
effective date and to all sex offenders required on or after the
effective date.

2013-S1389 (ACTIVE) - Bill Text download pdf

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

                                  1389

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend the correction law, in relation to the maintenance of
  information on sex offenders, registration  and  verification  by  sex
  offenders,  the subdirectory of sex offenders, and the penalty for the
  failure of a sex offender to comply with verification and registration
  requirements

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

  Section 1. Paragraphs (a) and (e) of subdivision 1 of section 168-b of
the  correction  law, paragraph (a) as amended by chapter 67 of the laws
of 2008 and paragraph (e) as amended by chapter 532 of the laws of 2011,
are amended and a new paragraph (e-1) is added to read as follows:
  (a) The sex offender's name, all aliases used, SOCIAL SECURITY NUMBER,
date of birth, sex, race, height, weight, eye  color,  driver's  license
number,  LICENSE PLATE NUMBER AND DESCRIPTION OF ANY MOTOR VEHICLE OWNED
OR OPERATED BY THE SEX OFFENDER, home address and/or expected  place  of
domicile, any internet accounts with internet access providers belonging
to such offender and internet identifiers that such offender uses.
  (e)  [If  the  sex offender has been given a level two or three desig-
nation, such] THE offender's employment address and/or expected place of
employment.
  (E-1) THE CRIMINAL HISTORY OF THE SEX OFFENDER, INCLUDING THE DATE  OF
ALL  ARRESTS AND CONVICTIONS; THE STATUS OF PAROLE, PROBATION OR RELEASE
UNDER SUPERVISION; REGISTRATION STATUS; THE EXISTENCE OF ANY OUTSTANDING
ARREST WARRANTS FOR THE  SEX  OFFENDER;  AND  A  PHOTOCOPY  OF  THE  SEX
OFFENDER'S DRIVER'S LICENSE OR GOVERNMENT ISSUED IDENTIFICATION CARD.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05833-01-3

S. 1389                             2

  S  2.  Subdivisions 1 and 2 of section 168-c of the correction law, as
amended by chapter 11 of the laws  of  2002,  are  amended  to  read  as
follows:
  1.  In  the  case  of  any  sex  offender, it shall be the duty of the
department, hospital or local correctional facility at least ten  calen-
dar  days  prior  to the release or discharge of any sex offender from a
correctional facility, hospital or local correctional facility to notify
the division of the contemplated release or discharge of such sex offen-
der, informing the division in writing on a form provided by  the  divi-
sion  indicating  the  address at which he or she proposes to reside and
the name and address of any institution of higher education at which  he
or  she  expects  to  be  enrolled,  attending  or employed, whether for
compensation or not, and whether he or she resides in or will reside  in
a facility owned or operated by such institution, AND THE SEX OFFENDER'S
EMPLOYMENT  ADDRESS  AND/OR  EXPECTED PLACE OF EMPLOYMENT.   If such sex
offender changes his or her place of residence  while  on  parole,  such
notification  of  the  change  of  residence  shall  be  sent by the sex
offender's parole officer within forty-eight hours to the division on  a
form  provided  by the division. If such sex offender changes the status
of his or her enrollment, attendance, employment  or  residence  at  any
institution  of  higher  education,  OR  EMPLOYMENT  ADDRESS OR PLACE OF
EMPLOYMENT while on parole, such notification of the  change  of  status
shall  be  sent  by the sex offender's parole officer within forty-eight
hours to the division on a form provided by the division.
  2. In the case of any sex offender on probation, it shall be the  duty
of  the  sex  offender'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  sex  offender changes the status of his or her
enrollment, attendance, employment or residence at  any  institution  of
higher  education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT while on
probation, such notification of the change of status shall  be  sent  by
the  sex  offender's  probation  officer within forty-eight hours to the
division on a form provided by the division.
  S 3. Subdivision 2 of section 168-d of the correction law, as  amended
by chapter 684 of the laws of 2005, is amended to read as follows:
  2.  Any  sex offender, 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 his or her
duty to register under this article by the court in which he or she  was
convicted.  At  the  time  sentence  is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender  to  read  and  sign  such  form  and  to
complete  the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects  to  reside  upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or  employed,  whether  for  compensation  or not, and whether he or she
expects to reside in a facility owned or operated by  such  an  institu-
tion, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF
EMPLOYMENT, and shall report such information to the division. The court
shall  give  one copy of the form to the sex offender 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 sex offender 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

S. 1389                             3

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 offender (risk of
repeat  offense  is high), a level 2 offender (risk of repeat offense is
moderate), or a level 1 offender (risk of repeat  offense  is  low),  or
whether  you will be designated as a sexual predator, a sexually violent
offender or a predicate sex offender, which will determine how long  you
must register as a sex offender 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 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 sex offender that he or she has a  right
to  a hearing prior to the court's determination, that he or she has the
right to be represented by counsel at the hearing and that counsel  will
be  appointed  if  he or she is financially unable to retain counsel. If
the sex offender applies for assignment of counsel to represent  him  or
her  at the hearing and counsel was not previously assigned to represent
the sex offender in the underlying  criminal  action,  the  court  shall
determine  whether the offender is financially unable to retain counsel.
If such a finding is made, the court shall assign counsel  to  represent
the sex offender pursuant to article eighteen-B of the county law. Where
the  court  orders a sex offender released on probation, such order must
include a provision requiring that he or she comply  with  the  require-
ments  of this article. Where such sex offender violates such provision,
probation may be immediately revoked in the manner provided  by  article
four hundred ten of the criminal procedure law.
  S  4. Subdivision 1 of section 168-e of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  1. Any sex offender, to be discharged, paroled, released  to  post-re-
lease  supervision  or  released  from  any  state or local correctional
facility, hospital or institution  where  he  or  she  was  confined  or
committed,  shall  at  least  fifteen  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 sex 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 and to
complete the registration portion  of  such  form.  The  facility  shall
obtain on such form the address where the sex offender expects to reside
upon his or her discharge, parole or release and the name and address of
any institution of higher education he or she expects to be employed by,
enrolled in, attending or employed, whether for compensation or not, and
whether  he  or she expects to reside in a facility owned or operated by
such an institution, AND THE SEX OFFENDER'S  EMPLOYMENT  ADDRESS  AND/OR
EXPECTED  PLACE  OF EMPLOYMENT, and shall report such information to the
division. The facility shall give one copy of the form to the sex offen-
der, retain one copy and shall send one copy to the division which shall
provide the information to the law enforcement agencies having jurisdic-
tion. The facility shall give the sex offender 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  sex
offender  and  sent  to  the  division by the facility at least ten days
prior to the sex offender's release or discharge.

S. 1389                             4

  S 5. Subdivisions 2 and 4 of section  168-f  of  the  correction  law,
subdivision  2  as  added  by chapter 192 of the laws of 1995, paragraph
(b-1) of subdivision 2 as amended by chapter 532 of the  laws  of  2011,
paragraphs (b-2), (b-3) and (c-1) of subdivision 2 as added by section 2
of  part  O of chapter 56 of the laws of 2005, paragraph (c) of subdivi-
sion 2 as amended by chapter 453 of the laws of 1999 and  subdivision  4
as  amended  by  chapter  67 of the laws of 2008, are amended to read as
follows:
  2. For a sex offender required to register under this article on  each
anniversary  of  the sex offender's initial registration date during the
period in which he OR SHE is required to register under this section the
following applies:
  (a) The sex 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 sex offender, and
state that he OR SHE still resides at the address last reported  to  the
division[.
  (b-1)  If  the sex offender has been given a level two or three desig-
nation, such offender shall sign the verification form, and  state  that
he  or  she]  AND  still is employed at the address last reported to the
division.
  [(b-2)] (B-1) If the sex offender has been given a level three  desig-
nation,  he or she shall personally appear at the law enforcement agency
having jurisdiction within [twenty days of the first anniversary]  THREE
MONTHS of the sex offender's initial registration and every [year] THREE
MONTHS  thereafter  during the period of registration for the purpose of
providing a current photograph of such  offender.  The  law  enforcement
agency  having  jurisdiction shall photograph the sex offender and shall
promptly forward a copy of such photograph to the division. For purposes
of this paragraph, if such sex offender is confined in a state or  local
correctional facility, the local law enforcement agency having jurisdic-
tion  shall  be  the  warden, superintendent, sheriff or other person in
charge of the state or local correctional facility.
  [(b-3)] (B-2) If the sex offender has been  given  a  [level  one  or]
level  two  designation,  he  or  she shall personally appear at the law
enforcement agency having jurisdiction within [twenty days of the  third
anniversary]  SIX  MONTHS of the sex offender's initial registration and
every [three years] SIX MONTHS thereafter during the period of registra-
tion for the purpose of providing a current photograph of such offender.
The law enforcement agency having jurisdiction shall photograph the  sex
offender  and  shall  promptly  forward a copy of such photograph to the
division. For purposes of  this  paragraph,  if  such  sex  offender  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.
  (B-3) IF THE SEX OFFENDER HAS BEEN GIVEN A LEVEL ONE  DESIGNATION,  HE
OR  SHE  SHALL  PERSONALLY  APPEAR  AT THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WITHIN TWENTY DAYS OF THE  FIRST  ANNIVERSARY  OF  THE  SEX
OFFENDER'S  INITIAL  REGISTRATION  AND  EVERY YEAR THEREAFTER DURING THE
PERIOD OF REGISTRATION FOR THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH
OF SUCH OFFENDER. THE LAW ENFORCEMENT AGENCY HAVING  JURISDICTION  SHALL
PHOTOGRAPH  THE  SEX  OFFENDER AND SHALL PROMPTLY FORWARD A COPY OF SUCH
PHOTOGRAPH TO THE DIVISION. FOR THE PURPOSES OF THIS PARAGRAPH, IF  SUCH
SEX  OFFENDER IS CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY, THE
LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL  BE  THE  WARDEN,

S. 1389                             5

SUPERINTENDENT,  SHERIFF OR OTHER PERSON IN CHARGE OF THE STATE OR LOCAL
CORRECTIONAL FACILITY.
  (c)  If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form,  he  or
she  shall  be  in violation of this section unless he proves that he or
she has not changed his or her residence address.
  (c-1) If the sex offender, to whom a notice has  been  mailed  at  the
last  reported  address pursuant to paragraph [b] (B) of subdivision one
of  section  one  hundred  sixty-eight-b  of  this  article,  fails   to
personally  appear at the law enforcement agency having jurisdiction, as
provided in paragraph (B-1), (b-2) or (b-3) of this subdivision[, within
twenty days of the anniversary of the sex offender's  initial  registra-
tion], or an alternate later date scheduled by the law enforcement agen-
cy having jurisdiction, he or she 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  sex  offender  is
confined  in  any  hospital  or institution, and such sex offender 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.
  4. Any sex offender shall register with the  division  no  later  than
[ten  calendar] THREE BUSINESS days after any change of NAME OR address,
internet accounts with  internet  access  providers  belonging  to  such
offender,  internet  identifiers  that such offender uses, or his or her
status of enrollment, attendance, employment or residence at any  insti-
tution  of  higher  education.  THE  SEX  OFFENDER SHALL ALSO PERSONALLY
APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING  JURISDICTION  WITHIN  THREE
BUSINESS  DAYS  AFTER ANY CHANGE OF NAME OR ADDRESS OR ANY CHANGE OF HIS
OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT  ANY
INSTITUTION  OF HIGHER EDUCATION AND PROVIDE SUCH INFORMATION TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION. A fee of ten dollars, as author-
ized by subdivision eight of section one hundred sixty-eight-b  of  this
article,  shall be submitted by the sex offender each time such offender
registers any change of NAME OR address or any  change  of  his  or  her
status  of enrollment, attendance, employment or residence at any insti-
tution 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.
  S 6. Subdivisions 4 and 5 of section 168-j of the correction  law,  as
added by chapter 11 of the laws of 2002, are amended to read as follows:
  4.  Upon  receipt of a change in the status of the enrollment, attend-
ance, employment or residence at an institution of higher education,  OR
EMPLOYMENT  ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to
register under this article, the division shall notify each law enforce-
ment agency having jurisdiction which is affected by such change.
  5. Upon receipt of change in the status of the enrollment, attendance,
employment or residence  at  an  institution  of  higher  education,  OR
EMPLOYMENT  ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to
register under this article, each law enforcement agency  having  juris-
diction  shall adhere to the notification provisions set forth in subdi-
vision six of section one hundred sixty-eight-l of this article.
  S 7. Subdivision 2 of section 168-k of the correction law, as  amended
by chapter 684 of the laws of 2005, is amended to read as follows:
  2.  The  division  shall  advise  the  board that the sex offender has
established residence in this state. The board shall  determine  whether
the  sex  offender  is  required to register with the division. If it is

S. 1389                             6

determined that the sex offender is required to register,  the  division
shall  notify the sex offender of his or her duty to register under this
article and shall require the sex offender 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 sex offender. The
division shall obtain on such form the address where  the  sex  offender
expects  to  reside  within the state AND SUCH ADDITIONAL INFORMATION AS
THE DIVISION MAY REQUIRE, and the sex 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
sex  offender  expects to reside within this state. No later than thirty
days prior to the board making a recommendation, the sex 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 information obtained, and  applying  the  guidelines
established  in subdivision five of section one hundred sixty-eight-l of
this article, the board shall within sixty calendar days make  a  recom-
mendation  regarding  the  level of notification pursuant to subdivision
six of section one hundred sixty-eight-l of  this  article  and  whether
such  sex  offender  shall  be  designated  a  sexual predator, sexually
violent offender, or predicate sex offender as  defined  in  subdivision
seven of section one hundred sixty-eight-a of this article.  This recom-
mendation  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  sex  offender  and to the sex offender. It shall be the duty of the
county court or supreme court in the county  of  residence  of  the  sex
offender,  applying  the  guidelines  established in subdivision five of
section one hundred sixty-eight-l of  this  article,  to  determine  the
level of notification pursuant to subdivision six of section one hundred
sixty-eight-l  of  this  article  and whether such sex offender shall be
designated a sexual predator, sexually violent  offender,  or  predicate
sex  offender  as  defined  in  subdivision seven of section one hundred
sixty-eight-a of this article. At least thirty days prior to the  deter-
mination  proceeding,  such court shall notify the district attorney and
the sex offender, in writing, of the date of the determination  proceed-
ing  and  the  court  shall  also  provide the district attorney and sex
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 sexual predator, a sexually violent offender
or  a  predicate  sex  offender,  which will determine how long you must
register as a sex offender 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
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 sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has  the
right  to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable  to  retain  counsel.  A

S. 1389                             7

returnable  form  shall  be  enclosed  in  the court's notice to the sex
offender on which the sex offender may apply for assignment of  counsel.
If  the  sex  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  sex  offender  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  sex  offender  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  sex  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  apply-
ing  the  guidelines  established  in  subdivision  five  of section one
hundred sixty-eight-l of this article to determine the level of  notifi-
cation  pursuant to subdivision six of section one hundred sixty-eight-l
of this article and whether such sex  offender  shall  be  designated  a
sexual predator, sexually violent offender, or predicate sex offender as
defined  in  subdivision  seven  of section one hundred sixty-eight-a 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 sex offender or the district  attorney  to  obtain  materials
relevant  to the determinations from the state board of examiners of sex
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 sex  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 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  sex
offender  upon the ground that the sex 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.
  S 8. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l  of
the  correction law, paragraph (a) as amended by chapter 106 of the laws
of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
paragraph (c) as separately amended by chapters 318 and 680 of the  laws
of 2005, are amended to read as follows:
  (a)  If  the  risk  of  repeat offense is low, a level one designation
shall be given to such sex offender. In such case  the  law  enforcement
agency or agencies having jurisdiction and the law enforcement agency or

S. 1389                             8

agencies  having  had  jurisdiction at the time of his or her conviction
shall be notified and may disseminate  relevant  information  which  may
include  a  photograph  and  description  of  the offender and which may
include  the  name of the sex offender, approximate address based on sex
offender's zip code, background  information  including  the  offender's
crime  of  conviction,  modus of operation, type of victim targeted, the
name and address of any institution of higher education at which the sex
offender  is  enrolled,  attends,  is  employed  or  resides   and   the
description  of special conditions imposed on the offender to any entity
with vulnerable populations related to the nature of the offense commit-
ted by such sex offender. Any entity  receiving  information  on  a  sex
offender  may  disclose  or  further disseminate such information at its
discretion.  IN ADDITION, IN SUCH CASE,  THE  INFORMATION  DESCRIBED  IN
SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE 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.
  (b) If the risk of repeat offense is moderate, a level two designation
shall  be  given  to such sex offender. 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 his  or  her  conviction
shall  be  notified and may disseminate relevant information which shall
include a photograph and description  of  the  offender  and  which  may
include  the  exact name and any aliases used by the sex offender, exact
address,  background  information  including  the  offender's  crime  of
conviction,  mode  of  operation,  type of victim targeted, the name and
address of any institution of higher education at which the sex offender
is enrolled, attends, is employed or  resides  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 sex
offender. Any  entity  receiving  information  on  a  sex  offender  may
disclose  or  further disseminate such information at its discretion. In
addition, in such case, the information described  [herein]  IN  SECTION
ONE  HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE 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 avail-
able to the public.
  Such law enforcement agencies shall compile,  maintain  and  update  a
listing  of  vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level two sex  offenders  pursuant  to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  (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  sex
offender.  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 his or her conviction shall be notified and
may disseminate relevant information which shall  include  a  photograph
and description of the offender and which may include the sex offender's
exact  name and any aliases used by the offender, exact address, address
of the offender's place of employment, background information  including

S. 1389                             9

the  offender's  crime  of conviction, mode of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides  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  sex offender. Any entity receiving information on a
sex offender may disclose or further disseminate such information at its
discretion. In addition, in such case, the information described  [here-
in]  IN  SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE shall also be
provided in the subdirectory established in this  article  and  notwith-
standing  any  other  provision  of  law,  such  information shall, upon
request, be made available to the public.
  Such law enforcement agencies shall compile,  maintain  and  update  a
listing  of  vulnerable organizational entities within its jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating such information on level three sex offenders pursuant  to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  S 9. Subdivision 1 of section 168-q of the correction law, as  amended
by chapter 532 of the laws of 2011, is amended to read as follows:
  1. The division shall maintain a subdirectory of [level two and three]
sex  offenders.  The  subdirectory  shall  include  [the  exact address,
address of the offender's place of employment and photograph of the  sex
offender along with the following information, if available: name, phys-
ical  description,  age and distinctive markings. Background information
including the sex offender's crime of conviction,  modus  of  operation,
type  of  victim  targeted,  the  name and address of any institution of
higher education at which the sex  offender  is  enrolled,  attends,  is
employed  or  resides and a description of special conditions imposed on
the sex offender shall also be included]  ALL  REGISTRATION  INFORMATION
MAINTAINED BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B
OF  THIS  ARTICLE,  PROVIDED THAT THE SUBDIRECTORY SHALL NOT INCLUDE THE
IDENTITY OF THE VICTIM OF A SEX OFFENSE, THE SOCIAL SECURITY  NUMBER  OF
THE  SEX  OFFENDER  OR ANY REFERENCE TO ARRESTS OF THE SEX OFFENDER THAT
DID NOT RESULT IN A CONVICTION.  The subdirectory shall have sex  offen-
der listings categorized by county and zip code. Such subdirectory shall
be  made  available  at all times on the internet via the division home-
page. 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.
  S  10.  Section 168-t of the correction law, as amended by chapter 373
of the laws of 2007, is amended to read as follows:
  S 168-t. Penalty. Any sex offender 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 sex offender] OR who violates

S. 1389                            10

the provisions of section one  hundred  sixty-eight-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.
  S  11.  This  act  shall  take  effect  on  the first of November next
succeeding the date on which it shall have become a law, and shall apply
to all sex offenders registered  or  required  to  register  immediately
prior  to  the  effective  date  of  this  act, and to all sex offenders
required to register on or after such effective date.

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