S T A T E O F N E W Y O R K
________________________________________________________________________
6455
2011-2012 Regular Sessions
I N A S S E M B L Y
March 17, 2011
___________
Introduced by M. of A. JOHNS, N. RIVERA -- Multi-Sponsored by -- M. of
A. BURLING, CALHOUN, CROUCH, GRAF, KATZ, McKEVITT, P. RIVERA, SALADI-
NO, STEVENSON, TEDISCO -- read once and referred to the Committee on
Correction
AN ACT to amend the correction law, in relation to requiring the elec-
tronic monitoring of certain sex offenders
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
SEX OFFENDER GLOBAL POSITIONING SYSTEM ACT
SECTION 169. SHORT TITLE.
169-A. DEFINITIONS.
169-B. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS.
169-C. CRIMINAL IMPACT.
169-D. PETITION FOR RELIEF OR MODIFICATION.
S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS AND MAY BE CITED AS
THE "SEX OFFENDER GLOBAL POSITIONING SYSTEM ACT".
S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
NITIONS APPLY:
1. "ACTIVE TRACKING DEVICE" SHALL MEAN A DEVICE WHICH, WHEN OPERATING
NORMALLY, ALLOWS THE OFFENDER'S LOCATION TO BE MONITORED REMOTELY AT
LEAST EVERY TWO MINUTES.
2. "PASSIVE TRACKING DEVICE" SHALL MEAN A DEVICE WHICH, WHEN OPERATING
NORMALLY, KEEPS A RECORD OF THE LOCATION OF AN INDIVIDUAL AT LEAST ONCE
EVERY TWO MINUTES.
3. "COMMUNICATE" SHALL MEAN (A) FOR A PASSIVE TRACKING DEVICE, THE
ABILITY TO RECORD THE LOCATION OF THE OFFENDER AND THE DOWNLOADING OF
THAT RECORDED INFORMATION AT LEAST ONCE EVERY TWENTY-FOUR HOURS, OR SUCH
OTHER INTERVAL OF TIME AS REQUIRED BY THE DIVISION, (B) FOR AN ACTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09260-01-1
A. 6455 2
TRACKING DEVICE, THE ABILITY TO MONITOR THE LOCATION OF THE OFFENDER ON
A CONTINUOUS BASIS OF AT LEAST TWO MINUTE INTERVALS.
4. "DEVICE" SHALL MEAN GLOBAL POSITIONING SYSTEM EQUIPMENT WHICH
ALLOWS THE LOCATION OF SUCH EQUIPMENT TO BE DETERMINED ON A CONSTANT
BASIS OTHER THAN AS A RESULT OF GEOGRAPHIC, TOPOGRAPHIC, WEATHER, TECH-
NICAL FAILURE, OR BUILDING RELATED REASONS. SUCH DETERMINATION NEED NOT
BE MADE INSTANTLY AS ALLOWED BY AN ACTIVE TRACKING DEVICE BUT MAY ALSO
BE DETERMINED AT A SUBSEQUENT PERIOD BY A PASSIVE TRACKING DEVICE. SUCH
DEVICE SHALL, WHEN FUNCTIONING NORMALLY, BE ELECTRONICALLY CONNECTED TO
AN ANKLE BRACELET OR OTHER DEVICE WHICH IS LOCKED ONTO THE OFFENDER BY A
REPRESENTATIVE OF LAW ENFORCEMENT.
5. "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
6. "NOTICE" SHALL MEAN NOTIFICATION TO A COLLECTING AGENCY THAT THE
OFFENDER IS NO LONGER TRANSMITTING HIS OR HER LOCATION BY VIRTUE OF THE
DEVICE OR HAS OTHERWISE ENTERED INTO AN AREA WHICH THE OFFENDER IS
PROHIBITED FROM ENTERING INTO PURSUANT TO ANY LEGAL ORDER OR DIRECTIVE.
NOTICE SHALL NOT CONSTITUTE AN OFFENDER'S ENTERING INTO A PLACE WHERE
TRANSMISSION SIGNALS ARE NOT MADE BY THE DEVICE, UNLESS THE ENTRANCE
THEREOF IS IN VIOLATION OF A DIRECTIVE MADE TO THE OFFENDER BY A REPRE-
SENTATIVE OF THE DIVISION OR HIS OR HER PAROLE OR PROBATION OFFICER.
7. "OFFENDER" SHALL MEAN A PERSON REQUIRED TO WEAR A DEVICE PURSUANT
TO THIS ARTICLE.
8. "CENTRALLY MONITORED" SHALL MEAN THE CONSTANT ABILITY OF THE DIVI-
SION TO RECEIVE NOTICES FROM A COLLECTING AGENCY.
9. "COLLECTING AGENCY" SHALL MEAN AN ENTITY WHICH SHALL BE RESPONSIBLE
FOR RECEIVING DATA TRANSMITTED BY A DEVICE.
10. "LOCAL LAW ENFORCEMENT AGENCY" SHALL MEAN A COUNTY PROBATION
DEPARTMENT OR OTHER AGENCY RESPONSIBLE FOR MONITORING THOSE INDIVIDUALS
WHO ARE SERVING A SENTENCE OF PROBATION AS A RESULT OF A CRIMINAL
CONVICTION.
11. "OFFENDER'S LAW ENFORCEMENT SUPERVISOR" SHALL MEAN AN EMPLOYEE OF
THE DIVISION WHO RECEIVES NOTICE FROM A COLLECTING AGENCY OR, IF THE
OFFENDER IS UNDER THE SUPERVISION OF THE DIVISION OF PAROLE OR A LOCAL
PROBATION DEPARTMENT, SHALL MEAN THE OFFENDER'S PAROLE OR PROBATION
OFFICER OR A PERSON DESIGNATED BY THE DIVISION OF PAROLE OR A LOCAL
PROBATION DEPARTMENT TO ACT FOR SUCH PERSON IN SUCH PERSON'S ABSENCE.
12. "ANKLE BRACELET OR OTHER ATTACHMENT" SHALL MEAN A PIECE OF EQUIP-
MENT WHICH CAN SEND OR RECEIVE AN ELECTRONIC SIGNAL TO A DEVICE WHEN THE
EQUIPMENT IS WITHIN AT LEAST ONE HUNDRED FEET OF THE DEVICE. SUCH EQUIP-
MENT SHALL BE CONNECTED ONTO EITHER THE ANKLE, WRIST, LEG, OR ARM OF AN
OFFENDER AS DETERMINED BY THE RULES PROMULGATED BY THE DIVISION.
13. "OFFENDER MONITORING OFFICE" SHALL MEAN AN OFFICE OR BUREAU UNDER
CONSTANT OPERATION BY THE DIVISION WHICH SHALL BE ABLE TO RECEIVE
NOTICES AND TRANSMIT THE INFORMATION CONTAINED IN SUCH NOTICES. THE
OFFENDER MONITORING OFFICE NEED NOT BE A PHYSICAL OFFICE BUT MAY CONSIST
OF THE RESIDENCE OF A DIVISION EMPLOYEE OR THE RESIDENCES OF DIVISION
EMPLOYEES WHO ARE ON CALL TO RECEIVE NOTICES.
S 169-B. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS. 1. IN ADDI-
TION TO ANY OTHER REQUIREMENT IMPOSED BY LAW, ANY SEX OFFENDER, AS
DEFINED BY SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, WHO HAS
BEEN OR IS ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, DESIGNATED AS
A LEVEL THREE OFFENDER UNDER THE SEX OFFENDER REGISTRATION ACT SHALL,
ANYTIME THEY ARE NOT OTHERWISE INCARCERATED, BE REQUIRED TO WEAR A
GLOBAL POSITIONING SYSTEM DEVICE WHICH DETERMINES THEIR LOCATION WITHIN
THE STATE OF NEW YORK. SUCH DEVICE MAY BE AN ACTIVE TRACKING DEVICE OR A
PASSIVE TRACKING DEVICE AS DIRECTED BY THE SENTENCING COURT OR ANY OTHER
A. 6455 3
COURT OF COMPETENT JURISDICTION. IN THE EVENT NO COURT DIRECTIVE EXISTS,
A PASSIVE DEVICE SHALL BE UTILIZED. SUCH DEVICE SHALL BE WORN FOR THE
DURATION OF THE PERIOD WHICH SUCH PERSON IS REQUIRED TO REGISTER PURSU-
ANT TO ARTICLE SIX-C OF THIS CHAPTER. IN THE EVENT THE LOCATION OF SUCH
INDIVIDUAL WITHIN THE STATE DOES NOT, FOR TOPOGRAPHIC, GEOGRAPHIC, OR
BUILDING RELATED REASONS, ALLOW FOR A DETERMINATION OF THE LOCATION OF
SUCH INDIVIDUAL, THE DEVICE SHALL BE ABLE TO DETERMINE WHETHER SUCH
PERSON IS MOVING OR NOT. SUCH SYSTEM SHALL BE CONTINUOUSLY MONITORED BY
A COLLECTING AGENCY.
2. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO THE
ESTABLISHMENT OF A COLLECTING AGENCY. SUCH RULES AND REGULATIONS SHALL
REQUIRE GENERALLY THAT NOTICE BE ABLE TO BE TRANSMITTED WHEN AN OFFENDER
ENTERS INTO A PROHIBITED AREA, AS DETERMINED BY THE OFFENDER'S PROBATION
OR PAROLE OFFICER OR AS ORDERED BY A COURT OF COMPETENT JURISDICTION
PROVIDED THE COLLECTING AGENCY HAS KNOWLEDGE WHICH PROHIBITIONS EXIST
WITH RESPECT TO A PARTICULAR OFFENDER AND HAS THE DATA AVAILABLE TO IT
TO DETERMINE WHEN AN OFFENDER ENTERS INTO SUCH AN AREA. THE DIVISION
SHALL, IN EVALUATING A POTENTIAL COLLECTING AGENCY, DETERMINE WHETHER
THE COLLECTING AGENCY HAS THE CAPACITY TO ELECTRONICALLY MAP, ON A
COMPUTER MAPPING SYSTEM, AREAS WHERE SUCH OFFENDER IS NOT PERMITTED, AND
SHALL ALSO EVALUATE WHETHER THE COLLECTING AGENCY REGULARLY UPDATES ITS
DATA. SUCH COLLECTING AGENCY SHALL, WHEN THE DEVICE IS FUNCTIONING
NORMALLY, BE REQUIRED TO ENSURE THAT ALL PERSONS REQUIRED TO WEAR AN
ANKLE BRACELET OR OTHER ATTACHMENT PURSUANT TO THIS ARTICLE ARE CENTRAL-
LY MONITORED AND THE COLLECTING AGENCY SHALL BE ABLE TO GENERALLY DETER-
MINE, AS LONG AS THE DEVICE IS FUNCTIONING NORMALLY, WHETHER AN OFFENDER
APPEARS TO HAVE CAUSED THE DEVICE TO BE INOPERABLE, OR APPEARS TO HAVE
DESTROYED THE DEVICE OR ANKLE BRACELET OR OTHER ATTACHMENT, OR ENTERS
INTO A PROSCRIBED AREA OR CAUSES THE DEVICE NOT TO TIMELY DOWNLOAD
INFORMATION RECEIVED BY THE DEVICE AT LEAST ONCE EVERY TWENTY-FOUR
HOURS, OR HAS SEPARATED THE ANKLE BRACELET OR OTHER ATTACHMENT MORE THAN
ONE HUNDRED FEET FROM THE DEVICE. THE RULES AND REGULATIONS TO BE
PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL BE IMPLEMENTED WITHIN
NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE. IN THE EVENT A
COLLECTING AGENCY IS NOT OTHERWISE AVAILABLE OR IS DETERMINED BY THE
DIVISION TO BE COST INEFFICIENT, THE DIVISION SHALL BE THE COLLECTING
AGENCY. WHEN A NOTICE IS TRANSMITTED TO A COLLECTING AGENCY, RULES AND
REGULATIONS SHALL REQUIRE THE COLLECTING AGENCY TO IMMEDIATELY NOTIFY
EITHER THE DIVISION'S OFFENDER MONITORING OFFICE OR THE DIVISION OF
PAROLE. IN THE EVENT THE OFFENDER IS SUBJECT TO A SENTENCE OF PROBATION
AND THE COUNTY PROBATION DIRECTOR, WHERE SUCH OFFENDER RESIDES, HAS
CONSENTED, THE COLLECTING AGENCY SHALL IMMEDIATELY NOTIFY THE COUNTY
PROBATION DEPARTMENT INSTEAD OF THE DIVISION'S OFFENDER MONITORING
OFFICE. IN THE EVENT THE DIRECTOR OF A COUNTY PROBATION DEPARTMENT HAS
NOT CONSENTED AS PROVIDED FOR IN THIS SUBDIVISION, THE OFFENDER MONITOR-
ING OFFICE SHALL BE NOTIFIED WITH RESPECT TO THOSE INDIVIDUALS SERVING A
SENTENCE OF PROBATION AND THE EMPLOYEE OF THE OFFENDER MONITORING OFFICE
SHALL NOTIFY THE PROBATION OFFICER IN THE MECHANISM PROVIDED FOR BY THE
RULES AND REGULATIONS OF THE DIVISION, WHICH ARE DIRECTED TO BE MADE.
SUCH RULES AND REGULATIONS SHALL ALSO INCLUDE IMMEDIATE NOTIFICATION TO
THE STATE POLICE BARRACKS WHERE SUCH OFFENDER IS BELIEVED TO BE NEAR,
AND THE CONTENTS OF THE NOTICE.
3. IN THE EVENT AN OFFENDER'S PROBATION OR PAROLE OFFICER (OR PERSON
ACTING FOR SUCH OFFICER) IS NOTIFIED BY THE COLLECTING AGENCY, SUCH
OFFICER SHALL TAKE SUCH ACTION HE OR SHE DEEMS APPROPRIATE. IN THE EVENT
THE COLLECTING AGENCY NOTIFIES AN EMPLOYEE OF THE DIVISION'S OFFENDER
A. 6455 4
MONITORING OFFICE, SUCH EMPLOYEE SHALL NOTIFY THE STATE POLICE OF THE
RECEIPT OF SUCH NOTICE AS SOON AS POSSIBLE AND THE CONTENTS OF SUCH
NOTICE. IF THE OFFENDER IS ALSO ON PAROLE OR PROBATION, THE EMPLOYEE OF
THE DIVISION'S OFFENDER MONITORING OFFICE SHALL NOTIFY THE OFFENDER'S
PAROLE OR PROBATION OFFICER (OR A PERSON ACTING IN HIS OR HER PLACE) OF
THE CONTENTS OF THE NOTICE, AS SOON AS PRACTICABLE, BUT IN ANY EVENT
WITHIN TWENTY-FOUR HOURS OF RECEIVING THE NOTICE. IN THE EVENT AN OFFEN-
DER IS NOT UNDER A SENTENCE OF PROBATION OR UNDER THE SUPERVISION OF THE
DIVISION OF PAROLE, THE EMPLOYEE OF THE DIVISION'S OFFENDER MONITORING
OFFICE WHO RECEIVES NOTICE SHALL IMMEDIATELY NOTIFY THE STATE POLICE IN
AN AREA AS CLOSE AS PRACTICABLE TO WHERE IT IS BELIEVED SUCH OFFENDER IS
OR IS SUPPOSED TO BE, OF THE CONTENTS OF THE NOTICE PROVIDED BY THE
COLLECTING AGENCY RELATING TO THE OFFENDER.
4. SUCH DEVICE SHALL NOT BE REQUIRED TO BE PHYSICALLY ATTACHED TO SUCH
OFFENDER'S PERSON OR CLOTHING WHILE SUCH OFFENDER IS IN HIS OR HER RESI-
DENCE, PROVIDED THE FAILURE TO SO ATTACH SUCH DEVICE DOES NOT CAUSE
NOTICE TO BE PROVIDED TO A COLLECTING AGENCY. PROVIDED FURTHER, HOWEVER,
THAT IF THE OFFENDER'S RESIDENCE IS A SHELTER, HOTEL OR MOTEL, OR OTHER
LOCATION WHICH IS OPEN TO THE PUBLIC OR IS OPEN TO THOSE IN NEED OF SUCH
RESIDENCE BECAUSE OF SUCH PERSON'S LACK OF OTHER RESIDENTIAL LIVING
SPACE, SUCH PERSON SHALL BE REQUIRED TO WEAR THE DEVICE CONSTANTLY
EXCEPT UNDER GUIDELINES PRESCRIBED BY THE DIVISION WHICH ALLOW THE
DEVICE TO DOWNLOAD INFORMATION AND/OR BE CHARGED AS NEEDED, OR ACTIV-
ITIES AS SPECIFIED BY DIVISION RULES AND REGULATIONS.
5. THE DIVISION IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
REGULATIONS PURSUANT TO THIS SECTION. SUCH RULES SHALL:
(A) PROVIDE FOR THE PAYMENT BY THE OFFENDER OF THE COSTS OF ELECTRONIC
MONITORING AS REQUIRED BY THIS ARTICLE;
(B) INCLUDE A MEANS TESTING PROVISION WHICH REQUIRES AN OFFENDER CAPA-
BLE OF PAYING ALL OR A PORTION OF SUCH COSTS TO PAY THOSE COSTS;
(C) INCLUDE A PROCESS WHERE THE DEVICE WILL BE PROVIDED TO THE OFFEN-
DER AND THE METHOD THE ANKLE BRACELET OR OTHER ATTACHMENT, WHICH IS
ELECTRONICALLY CONNECTED TO THE DEVICE, SHALL BE ATTACHED TO THE OFFEN-
DER. THE RULES SHALL REQUIRE THAT AN OFFENDER HAVE THE ANKLE BRACELET OR
OTHER ATTACHMENT ATTACHED IMMEDIATELY OR AS SOON AS PRACTICABLE THERE-
AFTER UPON BEING ADJUDICATED A LEVEL THREE SEX OFFENDER UNDER ARTICLE
SIX-C OF THIS CHAPTER. IN THE EVENT A PERSON DESIGNATED A LEVEL THREE
SEX OFFENDER IS INCARCERATED, SUCH ANKLE BRACELET OR OTHER ATTACHMENT
SHALL BE MADE PRIOR TO SUCH OFFENDER'S BEING RELEASED FROM INCARCERA-
TION;
(D) REQUIRE ALL EXISTING LEVEL THREE SEX OFFENDERS WHO ARE NOT INCAR-
CERATED TO HAVE AN ANKLE BRACELET OR OTHER ATTACHMENT ATTACHED AS SOON
AS PRACTICABLE BUT IN ANY EVENT WITHIN ONE HUNDRED EIGHTY DAYS OF THE
EFFECTIVENESS OF THIS ARTICLE; AND
(E) REQUIRE A PROCESS FOR CHANGING THE BATTERIES AND/OR CHARGING THE
DEVICE AND ANKLE BRACELET OR ATTACHMENT AS WELL AS THE PROCESS FOR DOWN-
LOADING INFORMATION FROM THE DEVICE TO THE COLLECTING AGENCY AND THE
TIME REQUIREMENTS WHEN SUCH INFORMATION SHALL BE DOWNLOADED. THE DIVI-
SION SHALL MAKE RULES PROVIDED FOR IN THIS PARAGRAPH IN CONSULTATION
WITH REPRESENTATIVES OF THE DIVISION OF PAROLE AND IN COOPERATION WITH
AN ASSOCIATION OF INDIVIDUALS WHO SERVE AS DIRECTORS OF COUNTY PROBATION
DEPARTMENTS.
6. THE DIVISION SHALL SEND A NOTICE TO ALL LEVEL THREE SEX OFFENDERS,
WITHIN NINETY DAYS OF THE EFFECTIVENESS OF THIS ARTICLE DIRECTING SUCH
OFFENDER WHERE TO GO AND WHEN TO HAVE THE ANKLE BRACELET OR OTHER
ATTACHMENT ATTACHED. WHEREVER PRACTICABLE, AN OFFENDER'S PROBATION OR
A. 6455 5
PAROLE OFFICER SHALL ALSO ADVISE SUCH OFFENDER WHEN AND WHERE THE ANKLE
BRACELET OR OTHER ATTACHMENT SHALL BE ATTACHED TO THE OFFENDER.
S 169-C. CRIMINAL IMPACT. ANY OFFENDER SUBJECT TO THE PROVISIONS OF
THIS ARTICLE WHO VIOLATES THE REQUIREMENTS OF THIS ARTICLE BY:
1. INTENTIONALLY CAUSING THE DEVICE TO BE INOPERATIVE OR IN A STATE OF
OPERATION WHERE IT CANNOT COMMUNICATE NOTICE;
2. INTENTIONALLY CUTTING, DESTROYING, MODIFYING, OR DAMAGING THE
DEVICE OR ANY COMPONENT SUCH AS AN ANKLE BRACELET OR OTHER COMMUNI-
CATIONS MECHANISM WHICH COMMUNICATES WITH THE DEVICE;
3. INTENTIONALLY ENTERS INTO AN AREA WHICH HE OR SHE IS PROHIBITED
FROM ENTERING PURSUANT TO ANY LAWFUL ORDER BY THE DIVISION OR BY A
PAROLE OR PROBATION OFFICER, OR OTHER LAW ENFORCEMENT OFFICIAL AUTHOR-
IZED TO MAKE SUCH DIRECTIVES;
4. INTENTIONALLY FAILS TO UNDERTAKE THE STEPS NECESSARY TO TRANSMIT
INFORMATION FROM SUCH DEVICE TO THE COLLECTING AGENCY (INCLUDING, BUT
NOT LIMITED TO INTENTIONALLY FAILING TO REPORT TO HAVE AN ANKLE BRACELET
OR OTHER ATTACHMENT ATTACHED TO HIM OR HER); OR
5. INTENTIONALLY UNDERTAKES ACTIVITIES KNOWING SUCH ACTIVITIES CAUSE
NOTICE TO BE TRANSMITTED TO A COLLECTING AGENCY SHALL BE GUILTY OF A
CLASS A MISDEMEANOR FOR A FIRST OFFENSE AND A CLASS D FELONY FOR EACH
SUBSEQUENT OFFENSE. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR REVOCA-
TION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXEC-
UTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE
FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
S 169-D. PETITION FOR RELIEF OR MODIFICATION. 1. ANY OFFENDER WHO IS
REQUIRED TO WEAR A DEVICE, ANKLE BRACELET OR OTHER ATTACHMENT PURSUANT
TO THIS ARTICLE MAY BE RELIEVED OF SUCH OBLIGATION UPON THE GRANTING OF
A PETITION FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE
THE DETERMINATION REGARDING DURATION OF REGISTRATION AND LEVEL OF
NOTIFICATION UNDER ARTICLE SIX-C OF THIS CHAPTER. SUCH RELIEF MAY
INCLUDE THE MODIFICATION OF THE TYPE OF DEVICE FROM ACTIVE TO PASSIVE OR
VICE VERSA, OR THE RELIEF OF NOT HAVING TO WEAR THE DEVICE DURING DESIG-
NATED PERIODS OR AT ALL. THE SEX OFFENDER SHALL BEAR THE BURDEN OF PROV-
ING BY CLEAR AND CONVINCING EVIDENCE THAT HIS OR HER RISK OF REPEAT
OFFENSE AND THREAT TO PUBLIC SAFETY IS SUCH THAT THE WEARING OF THE
DEVICE IS NO LONGER NECESSARY (EITHER PERMANENTLY OR ON A TEMPORARY
BASIS). SUCH PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF
ANY OTHER DUTY IMPOSED UNDER LAW, INCLUDING THE OBLIGATION TO WEAR SUCH
DEVICE IN THE EVENT OF A FUTURE CONVICTION. THE OFFENDER IS REQUIRED TO
NOTIFY THE COURT, WHERE ANY PETITION IS GRANTED PURSUANT TO THIS
SECTION, OF ANY FUTURE CRIMINAL CONVICTION. SUCH COURT SHALL THEN
CONSIDER WHETHER THE DEVICE SHOULD BE REQUIRED TO BE WORN AGAIN AND MAY
SO REQUIRE.
2. NO PETITION UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE CONSID-
ERED MORE THAN ANNUALLY. IN THE EVENT THAT THE SEX OFFENDER'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 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.
3. PRIOR TO MAKING ANY MODIFICATION UNDER THIS SECTION, THE COURT
SHALL DO ALL IT REASONABLY CAN TO NOTIFY AND HEAR COMMENT FROM THE
VICTIM OR HIS OR HER FAMILY PRIOR TO MAKING A DETERMINATION ON THE PETI-
A. 6455 6
TION. THE COURT SHALL RENDER AN ORDER SETTING FORTH ITS DETERMINATION,
AND THE FINDINGS OF FACT AND CONCLUSIONS OF LAW ON WHICH THE DETERMI-
NATION 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 APPLI-
CATION 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.
S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that any rules and regulations
necessary to implement the provisions of this act on its effective date
are authorized and directed to be promulgated on or before such effec-
tive date.