A. 6244 2
169-R. ANNUAL REPORT.
169-S. FAILURE TO REGISTER; PENALTY.
169-T. UNAUTHORIZED RELEASE OF INFORMATION.
169-U. SEPARABILITY.
S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "DOMESTIC VIOLENCE REGISTRATION ACT".
S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:
1. "DEFENDANT" INCLUDES ANY PERSON WHO IS CONVICTED OF ANY OF THE
OFFENSES SET FORTH IN ARTICLE ONE HUNDRED TWENTY OF THE PENAL LAW,
RELATING TO DOMESTIC VIOLENCE. 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. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN WHICH THE OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION, PAROLE OR UPON
ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES AS
DEFINED BY SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW.
4. "HOSPITAL" MEANS A HOSPITAL AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
5. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
S 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 DEFENDANT'S NAME, ALL ALIASES USED, DATE OF BIRTH, SEX, RACE,
HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER, HOME ADDRESS AND/OR
EXPECTED PLACE OF DOMICILE.
(B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
(C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE DEFENDANT WAS
CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
(D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
2. 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.
3. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
S 169-C. DEFENDANT; RELOCATION; NOTIFICATION. 1. IN THE CASE OF ANY
DEFENDANT, 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 DEFENDANT FROM A CORRECTIONAL FACILITY, HOSPITAL OR
LOCAL CORRECTIONAL FACILITY TO NOTIFY THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION WHERE APPROPRIATE, AND LAW ENFORCEMENT AGENCY HAVING HAD
JURISDICTION AT THE TIME OF HIS OR HER CONVICTION, OF THE CONTEMPLATED
RELEASE OR DISCHARGE OF SUCH DEFENDANT, INFORMING SUCH LAW ENFORCEMENT
AGENCIES OF THE NAME AND ALIASES OF THE DEFENDANT, THE ADDRESS AT WHICH
HE OR SHE PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT
THE TIME OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE
A. 6244 3
SERVED, IF ANY, THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
THE SAME TIME A COPY OF SUCH DEFENDANT'S FINGERPRINTS AND PHOTOGRAPH AND
A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH DEFENDANT CHANGES HIS
OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH NOTIFICATION OF THE
CHANGE OF RESIDENCE SHALL BE SENT TO THE DEFENDANT'S PAROLE OFFICER
WITHIN FORTY-EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
2. IN THE CASE OF ANY DEFENDANT CONVICTED AND SENTENCED TO PROBATION,
CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL BE THE DUTY
OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO NOTIFY THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRIATE, AND OF
THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR
HER CONVICTION, IF DIFFERENT FROM WHERE HE OR SHE CURRENTLY RESIDES,
AND/OR WHERE HE OR SHE CURRENTLY RESIDES, OF THE SENTENCE OF PROBATION,
CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, INFORMING SUCH LAW
ENFORCEMENT AGENCIES OF THE NAME AND ALIASES OF THE PERSON, THE ADDRESS
AT WHICH HE OR SHE PROPOSES TO RESIDE, RESIDED AT AND/OR AT WHICH HE OR
SHE CURRENTLY RESIDES, THE AMOUNT OF TIME TO BE SERVED ON PROBATION, AND
THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING
AT THE SAME TIME A COPY OF SUCH DEFENDANT'S FINGERPRINTS AND PHOTOGRAPH
AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH PERSON CHANGES HIS
PLACE OF RESIDENCE WHILE ON PROBATION, SUCH NOTIFICATION OF THE CHANGE
OF RESIDENCE SHALL BE SENT BY THE DEFENDANT'S PROBATION OFFICER WITHIN
FORTY-EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN
WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
3. IN THE CASE IN WHICH ANY DEFENDANT 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 HIS OR HER CONVICTION, INFORMING SUCH LAW ENFORCEMENT AGENCY OF
THE NAME AND ALIASES OF THE PERSON, AND THE ADDRESS AT WHICH HE OR SHE
RESIDED AT THE TIME OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAIN-
ING TO BE SERVED, IF ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS
SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS
SENTENCED, TRANSMITTING AT THE SAME TIME A COPY OF SUCH DEFENDANT'S
FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD.
S 169-D. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL
CERTIFY THAT THE PERSON IS A DEFENDANT, AS DEFINED IN THIS ARTICLE, AND
SHALL INCLUDE THE CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT
SHALL ALSO ADVISE THE DEFENDANT OF THE DUTIES OF THIS ARTICLE.
2. ANY DEFENDANT, WHO IS RELEASED ON PROBATION OR DISCHARGED UPON
PAYMENT OF A FINE SHALL, PRIOR TO SUCH RELEASE OR DISCHARGE, BE INFORMED
OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE BY THE COURT IN WHICH
HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A DEFENDANT RELEASED ON
PROBATION, SUCH ORDER MUST INCLUDE A PROVISION REQUIRING THAT HE OR SHE
COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. WHERE SUCH DEFENDANT
VIOLATES SUCH PROVISION, PROBATION MAY BE IMMEDIATELY REVOKED IN THE
MANNER PROVIDED BY ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE
LAW. THE COURT SHALL REQUIRE THE DEFENDANT TO READ AND SIGN SUCH FORM AS
MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE
PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE COURT
SHALL ON SUCH FORM OBTAIN THE ADDRESS WHERE THE DEFENDANT EXPECTS TO
RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS TO THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE DEFENDANT AND
SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL FORWARD ONE COPY TO
A. 6244 4
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DEFENDANT
EXPECTS TO RESIDE UPON HIS OR HER RELEASE. WITHIN TEN CALENDAR DAYS OF
BEING RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE, SUCH
DEFENDANT SHALL REGISTER WITH THE DIVISION FOR PURPOSES OF VERIFYING
SUCH DEFENDANT'S INTENDED PLACE OF RESIDENCE.
3. FOR DEFENDANTS UNDER THIS SECTION, IT SHALL BE THE DUTY OF THE
COURT APPLYING THE GUIDELINES ESTABLISHED IN THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION AND NOTIFICATION. IN MAKING THE DETERMI-
NATION, THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERIALS
SUBMITTED BY THE DEFENDANT. THE COURT SHALL ALSO ALLOW THE DEFENDANT TO
APPEAR AND BE HEARD, AND INFORM THE DEFENDANT OF HIS OR HER RIGHT TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
S 169-E. DISCHARGE OF DEFENDANT FROM CORRECTIONAL FACILITY; DUTIES OF
OFFICIAL IN CHARGE. 1. ANY DEFENDANT, TO BE DISCHARGED, PAROLED OR
RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR
INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, SHALL WITHIN
FORTY-FIVE CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE, BE
INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE, BY THE
FACILITY IN WHICH HE OR SHE WAS CONFINED OR COMMITTED. THE FACILITY
SHALL REQUIRE THE DEFENDANT TO READ AND SIGN SUCH FORM AS MAY BE
REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE FACILITY SHALL
OBTAIN ON SUCH FORM THE ADDRESS WHERE THE DEFENDANT EXPECTS TO RESIDE
UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE AND SHALL REPORT THE
ADDRESS TO THE DIVISION. THE FACILITY SHALL GIVE ONE COPY OF THE FORM TO
THE DEFENDANT AND SHALL SEND TWO COPIES TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE DEFENDANT EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR
RELEASE. IN ADDITION, THE FACILITY SHALL GIVE THE DEFENDANT A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR PURPOSES OF
VERIFYING SUCH DEFENDANT'S INTENDED PLACE OF RESIDENCE.
2. THE DIVISION SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY
OBTAINED.
S 169-F. DUTY TO REGISTER. 1. ANY DEFENDANT, WHO IS DISCHARGED,
PAROLED OR RELEASED FROM ANY STATE OR LOCAL CORRECTIONAL FACILITY,
HOSPITAL OR INSTITUTION WHERE HE OR SHE WAS CONFINED OR COMMITTED, SHALL
REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR PURPOSES OF
VERIFYING SUCH DEFENDANT'S INTENDED PLACE OF RESIDENCE.
2. FOR A DEFENDANT REQUIRED TO REGISTER UNDER THIS ARTICLE ON EACH
ANNIVERSARY OF THE DEFENDANT'S INITIAL REGISTRATION DATE DURING THE
PERIOD IN WHICH HE OR SHE IS REQUIRED TO REGISTER UNDER THIS SECTION THE
FOLLOWING APPLIES:
(A) THE DEFENDANT 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 DEFENDANT, AND STATE
THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED TO THE DIVI-
SION.
(C) IF THE DEFENDANT FAILS TO MAIL THE VERIFICATION FORM TO THE DIVI-
SION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE OR SHE SHALL
BE IN VIOLATION OF THIS SECTION UNLESS HE OR SHE PROVES THAT HE OR SHE
HAS NOT CHANGED HIS OR HER RESIDENCE ADDRESS.
3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPLIED
TO A DEFENDANT REQUIRED TO REGISTER UNDER THIS ARTICLE.
4. ANY DEFENDANT SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR
DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF THE DEFEND-
A. 6244 5
ANT CHANGES RESIDENCE TO ANOTHER STATE, NOTIFY THE APPROPRIATE STATE LAW
ENFORCEMENT AGENCY WITH WHICH THE DEFENDANT MUST REGISTER IN THE NEW
STATE. IF ANY PERSON REQUIRED TO REGISTER AS PROVIDED IN THIS ARTICLE
CHANGES THE ADDRESS OF HIS OR HER RESIDENCE, THE DEFENDANT SHALL WITHIN
TEN CALENDAR DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE
LAST REGISTERED OF THE NEW ADDRESS. THE LAW ENFORCEMENT AGENCY SHALL,
WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS
INFORMATION TO THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES AND TO THE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN THE NEW PLACE OF RESI-
DENCE.
5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO ANY DEFENDANT WHOSE CONVICTION WAS REVERSED UPON APPEAL
OR WHO WAS PARDONED BY THE GOVERNOR.
S 169-G. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1. THE DIVI-
SION OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL ALTERNATIVES
SHALL DETERMINE THE DURATION OF REGISTRATION AND NOTIFICATION FOR EVERY
DEFENDANT WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN ON PAROLE OR
PROBATION FOR AN OFFENSE PROVIDED FOR IN SECTION ONE HUNDRED
SIXTY-NINE-C OF THIS ARTICLE.
2. EVERY DEFENDANT WHO ON THE EFFECTIVE DATE OF THIS ARTICLE IS THEN
ON PAROLE OR PROBATION FOR AN OFFENSE PROVIDED FOR IN SECTION ONE
HUNDRED SIXTY-NINE-C OF THIS ARTICLE SHALL WITHIN TEN CALENDAR DAYS OF
SUCH DETERMINATION REGISTER WITH HIS OR HER PAROLE OR PROBATION OFFICER.
ON EACH ANNIVERSARY OF THE DEFENDANT'S INITIAL REGISTRATION DATE THERE-
AFTER, THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTI-
CLE SHALL APPLY. ANY DEFENDANT WHO FAILS OR REFUSES TO SO COMPLY SHALL
BE SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTI-
CLE WHICH WOULD BE IMPOSED UPON A DEFENDANT 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 DEFENDANT ACCORDING TO THE REQUIREMENTS IMPOSED BY
THIS ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE COPY OF THE
FORM TO THE DEFENDANT AND SHALL, WITHIN THREE CALENDAR DAYS, SEND TWO
COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVISION WHICH SHALL FORWARD
ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW ENFORCEMENT AGENCY
HAVING JURISDICTION WHERE THE DEFENDANT RESIDES UPON HIS OR HER PAROLE,
PROBATION, OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY DEFEND-
ANT REQUIRED TO REGISTER WHILE RELEASED ON PAROLE OR PROBATION PURSUANT
TO SECTION ONE HUNDRED SIXTY-NINE-O OF THIS ARTICLE.
S 169-H. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A
DEFENDANT SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM THE INITIAL
DATE OF REGISTRATION.
S 169-I. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED BY THE DEFENDANT
GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION AND THE DIVISION
SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELECTRONIC DATA BASE OR
FILE.
S 169-J. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. (A) UPON RECEIPT OF A CHANGE OF ADDRESS BY A DEFENDANT
REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCEMENT AGEN-
CY WHERE THE DEFENDANT LAST REGISTERED SHALL WITHIN THREE CALENDAR DAYS
OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO THE DIVISION
AND TO THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION OF THE NEW
PLACE OF RESIDENCE.
A. 6244 6
(B) A CHANGE OF ADDRESS BY A DEFENDANT REQUIRED TO REGISTER UNDER THIS
ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO THE APPROPRIATE
LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE DEFENDANT IS RESID-
ING.
(C) 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 THIS ARTICLE.
S 169-K. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE. A
DEFENDANT WHO HAS BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRA-
TION UNDER SECTION ONE HUNDRED SIXTY-NINE-F OF THIS ARTICLE SHALL REGIS-
TER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN TEN CALENDAR DAYS
AFTER SUCH SEX OFFENDER ESTABLISHES RESIDENCE IN THIS STATE. THE DIVI-
SION SHALL COORDINATE WITH THE DESIGNATED LAW ENFORCEMENT AGENCY OF THE
STATE OF WHICH THE INDIVIDUAL DEPARTED ON INFORMATION RELEVANT TO THE
DURATION OF REGISTRATION.
S 169-L. BOARD OF EXAMINERS OF DEFENDANTS. 1. THERE SHALL BE A BOARD
OF EXAMINERS OF DEFENDANTS WHICH SHALL POSSESS THE POWERS AND DUTIES
HEREINAFTER SPECIFIED. SUCH BOARD SHALL CONSIST OF FIVE MEMBERS
APPOINTED BY THE GOVERNOR. THREE MEMBERS WHO SHALL BE EXPERTS IN THE
FIELD OF THE BEHAVIOR AND TREATMENT OF DEFENDANTS, AS DEFINED IN THIS
ARTICLE SHALL BE EMPLOYEES OF THE DIVISION OF PAROLE AND THE REMAINING
TWO MEMBERS SHALL BE FROM THE DEPARTMENT. THE TERM OF OFFICE OF EACH
MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER, THAT ANY
MEMBER CHOSEN TO FILL A VACANCY OCCURRING OTHERWISE THAN BY EXPIRATION
OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED TERM OF
THE MEMBER WHOM HE IS TO SUCCEED. IN THE EVENT OF THE INABILITY TO ACT
OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME COMPETENT INFORMED PERSON
TO ACT IN HIS OR HER STEAD DURING THE CONTINUANCE OF SUCH DISABILITY.
2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS
CHAIRMAN TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
3. ANY MEMBER OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
AFTER AN OPPORTUNITY TO BE HEARD.
4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
5. THE BOARD SHALL DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH DEFENDANT 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 DEFENDANT HAS A MENTAL ABNORMALITY;
(II) WHETHER THE DEFENDANT'S CONDUCT WAS FOUND TO BE CHARACTERIZED BY
REPETITIVE AND COMPULSIVE BEHAVIOR, ASSOCIATED WITH DRUGS OR ALCOHOL;
(III) WHETHER THE DEFENDANT SERVED THE MAXIMUM TERM;
(IV) WHETHER THE DEFENDANT COMMITTED THE CRIME AGAINST A CHILD;
(V) THE AGE OF THE DEFENDANT AT THE TIME OF THE COMMISSION OF THE
FIRST RELEVANT CRIME;
(B) OTHER CRIMINAL HISTORY FACTORS TO BE CONSIDERED IN DETERMINING
RISK, INCLUDING:
(I) THE RELATIONSHIP BETWEEN SUCH DEFENDANT AND THE VICTIM;
(II) WHETHER THE OFFENSE INVOLVED THE USE OF A WEAPON, VIOLENCE OR
INFLICTION OF SERIOUS BODILY INJURY;
(III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
A. 6244 7
(C) CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE DEFENDANT IS UNDER SUPERVISION; RECEIVING
COUNSELING, THERAPY OR TREATMENT; OR RESIDING IN A HOME SITUATION THAT
PROVIDES GUIDANCE AND SUPERVISION;
(D) PHYSICAL CONDITIONS THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
(E) WHETHER PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
(F) THE DEFENDANT'S RESPONSE TO TREATMENT;
(G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
(H) RECENT THREATS OR GESTURES AGAINST PERSONS OR EXPRESSIONS OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
(I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
S 169-M. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A DEFENDANT TO BE
DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW NO LATER THAN
ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE AND THE BOARD
SHALL MAKE RECOMMENDATIONS WITHIN SIXTY DAYS OF RECEIPT OF THE INFORMA-
TION. INFORMATION MAY INCLUDE BUT MAY NOT BE LIMITED TO THE COMMITMENT
FILE, MEDICAL FILE AND TREATMENT FILE PERTAINING TO SUCH PERSON. SUCH
PERSON SHALL BE PERMITTED TO SUBMIT TO THE BOARD ANY INFORMATION RELE-
VANT TO THE REVIEW.
S 169-N. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
IS A DEFENDANT SHALL BE MADE PRIOR TO THE DISCHARGE, PAROLE OR RELEASE
OF SUCH OFFENDER BY THE SENTENCING COURT AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD.
2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL
BE MADE THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
3. IN MAKING THE DETERMINATION, THE COURT SHALL, REVIEW ANY VICTIM'S
STATEMENT AND ANY MATERIALS SUBMITTED BY THE DEFENDANT. THE COURT SHALL
ALSO ALLOW THE DEFENDANT TO APPEAR AND BE HEARD, AND INFORM THE DEFEND-
ANT OF HIS RIGHT TO HAVE COUNSEL APPOINTED, IF NECESSARY.
4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
SION OF SUCH FACT.
5. UPON THE REVERSAL OF A CONVICTION OF A CRIME, THE COURT SHALL ORDER
THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT HEREIN.
S 169-O. PETITION FOR RELIEF. ANY DEFENDANT REQUIRED TO REGISTER
PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO REGISTER
UPON THE GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING COURT.
UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY THE
BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE DEFENDANT. AFTER
RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT OR DENY THE
RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR TO MAKING
DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED, SHALL NOT
RELIEVE THE PETITIONER OF THE DUTY TO REGISTER PURSUANT TO THIS ARTICLE,
UPON CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN THE FUTURE.
S 169-P. SPECIAL "900" TELEPHONE NUMBER. 1. PURSUANT TO THIS ARTICLE,
THE DIVISION SHALL ALSO OPERATE A "900" TELEPHONE NUMBER THAT MEMBERS OF
THE PUBLIC MAY CALL AND INQUIRE WHETHER A NAMED INDIVIDUAL REQUIRED TO
REGISTER PURSUANT TO THIS ARTICLE IS LISTED. THE DIVISION SHALL ASCER-
TAIN WHETHER A NAMED PERSON REASONABLY APPEARS TO BE A PERSON SO LISTED
AND PROVIDE THE CALLER WITH THE RELEVANT INFORMATION. THE DIVISION
A. 6244 8
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. ANY INFORMATION IDENTIFYING THE VICTIM BY
NAME, BIRTH DATE, ADDRESS OR RELATION TO THE PERSON LISTED BY THE DIVI-
SION SHALL BE EXCLUDED BY THE DIVISION.
2. WHEN THE "900" NUMBER IS CALLED, A PREAMBLE SHALL BE PLAYED BEFORE
CHARGES BEGIN TO ACCRUE. THE PREAMBLE SHALL RUN AT LEAST THE LENGTH OF
TIME REQUIRED BY FEDERAL LAW AND SHALL PROVIDE THE FOLLOWING INFORMA-
TION:
(A) NOTICE THAT THE CALLER'S TELEPHONE NUMBER WILL BE RECORDED;
(B) THE CHARGES FOR USE OF THE "900" NUMBER;
(C) NOTICE THAT THE CALLER IS REQUIRED TO IDENTIFY HIMSELF OR HERSELF
TO THE OPERATOR AND PROVIDE CURRENT ADDRESS AND SHALL BE MAINTAINED IN A
WRITTEN 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 "900" 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.
3. 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
"900" 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 REMEDIES 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.
4. THE DIVISION SHALL SUBMIT TO THE LEGISLATURE AN ANNUAL REPORT ON
THE OPERATION OF THE "900" TELEPHONE NUMBER. THE ANNUAL REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
(A) NUMBER OF CALLS RECEIVED;
(B) AMOUNT OF INCOME EARNED PER YEAR THROUGH OPERATION OF THE "900"
NUMBER;
(C) A DETAILED OUTLINE OF THE AMOUNT OF MONEY EXPENDED AND THE MANNER
IN WHICH IT WAS EXPENDED FOR PURPOSES OF THIS SECTION;
(D) 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;
(E) NUMBER OF PERSONS LISTED; AND
A. 6244 9
(F) A SUMMARY OF THE SUCCESS OF THE "900" TELEPHONE NUMBER PROGRAM
BASED UPON SELECTED FACTORS.
S 169-Q. 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
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.
S 169-R. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN EACH YEAR FILE A REPORT WITH THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF THIS ARTICLE AND
EFFECTIVENESS OF THE PROVISIONS OF THIS ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
S 169-S. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGIS-
TER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN
THE MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR HEREIN SHALL BE
GUILTY OF A CLASS A MISDEMEANOR OF THE FIRST OFFENSE, AND FOR A SECOND
OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY. ANY SUCH
FAILURE TO REGISTER MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE
PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW.
S 169-T. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
S 169-U. 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.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that any rules and regu-
lations necessary for the timely implementation of this act on such date
shall be promulgated immediately.