senate Bill S3645D

2011-2012 Legislative Session

Enacts "Brittany's Law" requiring registration of violent felony offenders

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2012 referred to correction
delivered to assembly
passed senate
ordered to third reading cal.1350
committee discharged and committed to rules
Jun 15, 2012 print number 3645d
amend and recommit to finance
Mar 07, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
May 17, 2011 referred to correction
delivered to assembly
passed senate
May 16, 2011 advanced to third reading
May 11, 2011 2nd report cal.
amended 3645c
May 10, 2011 1st report cal.583
May 05, 2011 print number 3645b
amend and recommit to finance
May 03, 2011 reported and committed to finance
Mar 23, 2011 print number 3645a
amend (t) and recommit to crime victims, crime and correction
Feb 28, 2011 referred to crime victims, crime and correction

Votes

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Jun 19, 2012 - Rules committee Vote

S3645D
20
3
committee
20
Aye
3
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S3645C
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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May 10, 2011 - Finance committee Vote

S3645B
27
1
committee
27
Aye
1
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S3645A
11
1
committee
11
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

Co-Sponsors

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S3645 - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3134

S3645 - Bill Texts

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Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.

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BILL NUMBER:S3645

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting the "violent felony
offender registration act"

PURPOSE:
To establish the violent felony offender registration act.

SUMMARY OF PROVISIONS:
Amends the correction law to require violent felony offenders as
defined in §70.02 of the penal law, to register with DCJS upon
discharge, parole or release from any state or local facility,
hospital or institution and to allow dissemination of and access to
certain information to the general public. Annual registration
requirements and corresponding procedural guidelines are established
to allow local law enforcement agencies and the state to monitor the
whereabouts of violent felony offenders.

JUSTIFICATION:
Many other states have some form of a violent felony offender
registry. Unfortunately, New York is not among those progressive
states that have taken constructive steps to track the whereabouts of
violent felony offenders who, as research indicates, are likely to
repeat violent crimes upon release from prison. Protecting the public
from violent offenders is a primary governmental interest and the
registration of convicted felony offenders reentering the community
is a control that helps protect individuals from victimization. This
bill, with provisions based on the "Omnibus Sex Offender Registration
Act", represents a balanced and comprehensive approach to this
effort. A man charged in a brutal attack of a victim in Massena, New
York, was out on parole and had a lengthy history of arrests
including an assault with a hammer. In the wake of this and other
violent attacks, it has become clear that we must increase our
efforts to further protect our citizenry. This proposal will not only
provide law enforcement with a valuable investigative tool in the
fight against violent crime, but it also provides important
information to communities since violent felony offenders post a high
risk of reoffending once released from custody.

LEGISLATIVE HISTORY:
2009-10: S.3134 - Crime Victims, Crime and Correction Committee.
2008: S.6930-B Passed Senate.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after it shall have become a law.

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

                                  3645

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced by Sens. GRIFFO, DeFRANCISCO, GOLDEN, LARKIN, LITTLE, RANZEN-
  HOFER,  SEWARD,  ZELDIN  --  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 enacting the "violent
  felony offender 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-B
to read as follows:
                               ARTICLE 6-B
                VIOLENT FELONY OFFENDER REGISTRATION ACT
SECTION 161. SHORT TITLE.
        162. DEFINITIONS.
        163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165. DUTIES OF THE COURT.
        166. DISCHARGE  OF  VIOLENT  FELONY  OFFENDER  FROM CORRECTIONAL
                FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167. DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL "900" TELEPHONE NUMBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07018-01-1

S. 3645                             2

        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
  S  161.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "VIOLENT FELONY OFFENDER REGISTRATION ACT".
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL  LAW.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
AND SAFETY OF OTHER PERSONS.
  8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
CLE.
  9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE  DIVI-
SION  SHALL  ESTABLISH  AND  MAINTAIN  A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A)  THE  VIOLENT  FELONY  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE

S. 3645                             3

PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE.  THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
MENTS.
  5.  THE  DIVISION  SHALL  ALSO  ESTABLISH  AND OPERATE A 900 NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  WHERE  APPROPRIATE,  AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION,  OF  THE  CONTEMPLATED  RELEASE OR DISCHARGE OF SUCH VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE  OR  SHE
PROPOSES  TO  RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S  FINGERPRINTS  AND  PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY  OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE  SENT  BY  THE  VIOLENT
FELONY  OFFENDER'S  PAROLE  OFFICER  WITHIN FORTY-EIGHT HOURS TO THE LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND  SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI-
ATE, AND 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  VIOLENT  FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT

S. 3645                             4

HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH

S. 3645                             5

THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-SEVEN-F.  IN  MAKING  THE  DETERMINATION,  THE
COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERIALS SUBMITTED BY
THE  VIOLENT  FELONY  OFFENDER.  THE  COURT SHALL ALSO ALLOW THE VIOLENT
FELONY OFFENDER TO APPEAR AND BE HEARD, AND INFORM  THE  VIOLENT  FELONY
OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED, IF NECESSARY.
  S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-
TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A)  THE  VIOLENT  FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.
  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE

S. 3645                             6

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 VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  THE DIVI-
SION OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL  ALTERNATIVES
IN  ACCORDANCE  WITH  RISK  FACTORS  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-F OF THIS ARTICLE SHALL DETERMINE THE DURATION OF  REGISTRA-
TION  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-B AND NOTIFICATION FOR
EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS  ARTICLE
IS THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT FELONY OFFENSE.
  2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT

S. 3645                             7

PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S  167-C.  REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED  BY  THE  VIOLENT
FELONY  OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION
AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN  APPROPRIATE  ELEC-
TRONIC DATABASE OR FILE.
  S  167-D.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  VIOLENT  FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT  AGENCY  WHERE  THE  VIOLENT  FELONY OFFENDER LAST REGISTERED SHALL
WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS,  FORWARD  THIS
INFORMATION  TO  THE  DIVISION  AND  TO THE LOCAL LAW ENFORCEMENT AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION  TO
THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S 167-E. REGISTRATION FOR CHANGE OF  ADDRESS  FROM  ANOTHER  STATE.  A
VIOLENT  FELONY  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED  SIXTY-SEVEN-C  OF  THIS
ARTICLE  SHALL  REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN
TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER  ESTABLISHES  RESI-
DENCE  IN  THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED
LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED  ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD
SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR.  THREE  MEMBERS
WHO  SHALL  BE  EXPERTS  IN  THE  FIELD OF THE BEHAVIOR AND TREATMENT OF
VIOLENT FELONY OFFENDERS 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 OR SHE IS TO SUCCEED. IN THE EVENT
OF THE INABILITY TO ACT OF ANY MEMBER, THE  GOVERNOR  MAY  APPOINT  SOME
COMPETENT  INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING THE CONTIN-
UANCE 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.

S. 3645                             8

  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT
PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
NOTIFIED  AND  MAY  DISSEMINATE  RELEVANT  INFORMATION WHICH MAY INCLUDE
APPROXIMATE ADDRESS BASED ON  VIOLENT  FELONY  OFFENDER'S  ZIP  CODE,  A

S. 3645                             9

PHOTOGRAPH   OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING  THE
OFFENDER'S CRIME OF CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF  VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE NATURE OF
THE OFFENSE COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER.  ANY  ENTITY
RECEIVING  INFORMATION  ON  A  VIOLENT  FELONY  OFFENDER MAY DISCLOSE OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE PUBLIC SAFETY, SUCH  VIOLENT  FELONY  OFFENDER  SHALL  BE  DEEMED  A
"VIOLENT  PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION AND THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT
THE  TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY DISSEMINATE
RELEVANT INFORMATION WHICH MAY INCLUDE  THE  VIOLENT  FELONY  OFFENDER'S
EXACT  ADDRESS,  A  PHOTOGRAPH  OF  THE OFFENDER, BACKGROUND INFORMATION
INCLUDING THE OFFENDER'S CRIME OF CONVICTION, MODUS OF  OPERATION,  TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE  OFFENDER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY ENTITY RECEIVING INFORMATION ON  A  VIOLENT  FELONY  OFFENDER  MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION,  IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION SHALL
ALSO BE PROVIDED IN THE SUBDIRECTORY ESTABLISHED  IN  THIS  ARTICLE  AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7.  UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY  TO
REGISTER.
  S  167-G.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A  VIOLENT  FELONY
OFFENDER  TO  BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW
NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR  DISCHARGE
AND  THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN  SIXTY  DAYS
OF  RECEIPT  OF  THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING TO SUCH PERSON. SUCH PERSON SHALL BE  PERMITTED  TO  SUBMIT  TO  THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S  167-H.  JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE  MADE  PRIOR
TO  THE  DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING
COURT AFTER RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD  PURSUANT  TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2.  IN  ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD PURSUANT TO SECTION  ONE  HUNDRED  SIXTY-SEVEN-F  OF
THIS  ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3. IN MAKING THE DETERMINATION, THE COURT SHALL  REVIEW  ANY  VICTIM'S
STATEMENT  AND  ANY  MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER.
THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND  BE
HEARD,  AND  INFORM  THE  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO
HAVE COUNSEL APPOINTED, IF NECESSARY.

S. 3645                            10

  4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE  AND  THREAT  TO
PUBLIC  SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED  SIXTY-SEVEN-K
OF THIS ARTICLE.
  5.  UPON  THE  REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED  TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER  UPON  THE  GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING
COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT  SHALL  NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR  DENY  THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR
TO MAKING A DETERMINATION ON THE PETITION. SUCH  PETITION,  IF  GRANTED,
SHALL  NOT  RELIEVE  THE  PETITIONER OF THE DUTY TO REGISTER PURSUANT TO
THIS ARTICLE UPON CONVICTION OF ANY OFFENSE  REQUIRING  REGISTRATION  IN
THE FUTURE.
  S  167-J.  SPECIAL  "900" TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF 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 ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION ACCORDING TO RISK AS DESCRIBED IN  SUBDIVISION  SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL
DECIDE  WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LIST-
ED, 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  CHARACTERISTICS  SHALL  BE
PROVIDED.  ANY  INFORMATION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE  PERSON  LISTED  BY  THE  DIVISION  SHALL  BE
EXCLUDED BY THE DIVISION.
  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;

S. 3645                            11

  (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
  (F)  A  SUMMARY  OF  THE SUCCESS OF THE "900" TELEPHONE NUMBER PROGRAM
BASED UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE
OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR

S. 3645                            12

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.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY  INFORMATION PURSUANT TO THIS SECTION, 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 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF A CLASS A MISDEMEANOR FOR 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 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Co-Sponsors

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S3645A - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3134

S3645A - Bill Texts

view summary

Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.

view sponsor memo
BILL NUMBER:S3645A

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting "Brittany's Law"

PURPOSE:
To establish a violent felony offender registry.

SUMMARY OF PROVISIONS:
Amends the correction law to require violent felony offenders as
defined in §70.02 of the penal law, to register with DCJS upon
discharge, parole or release from any state or local facility,
hospital or institution and to allow dissemination of and access to
certain information to the general public. Annual registration
requirements and corresponding procedural guidelines are established
to allow local law enforcement agencies and the state to monitor the
whereabouts of violent felony offenders.

JUSTIFICATION:
Many other states have some form of a violent felony offender
registry. Unfortunately, New York is not among those progressive
states that have taken constructive steps to track the whereabouts of
violent felony offenders who, as research indicates, are likely to
repeat violent crimes upon release from prison. Protecting the public
from violent offenders is a primary governmental interest and the
registration of convicted felony offenders reentering the community
is a control that helps protect individuals from victimization. This
bill, with provisions based on the "Omnibus Sex Offender Registration
Act", represents a balanced and comprehensive approach to this effort.

A man charged in a brutal attack of a victim in Massena, New York, was
out on parole and had a lengthy history of arrests including assault
with a hammer. John Edward Brown, a parolee, was released from prison
after serving only 2 1/2 years of a 3 year sentence for violently
assaulting his infant daughter in 2003· He murdered Helen Buchel and
her daughter Brittany Passalacqua in Geneva in 2009· These are just
two examples of how the early parole of a dangerous criminal has led
to tragedy.

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

LEGISLATIVE HISTORY:
2008 - S.6930-b passed Senate.
2009-10 - S.3134 - Crime Victims, Crime and Correction.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after it shall have become a law.

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

                                 3645--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  NOZZOLIO,  DeFRANCISCO,  GOLDEN, LARKIN,
  LITTLE, RANZENHOFER, SEWARD, ZELDIN -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime  and  Correction  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the correction law, in relation to enacting  "Brittany's
  Law"

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

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
Law".
  S 2. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162. DEFINITIONS.
        163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165. DUTIES OF THE COURT.
        166. DISCHARGE  OF  VIOLENT  FELONY  OFFENDER  FROM CORRECTIONAL
                FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167. DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE
                OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07018-04-1

S. 3645--A                          2

        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL "900" TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT  FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
CONVICTIONS THAT RESULT FROM OR ARE CONNECTED  WITH  THE  SAME  ACT,  OR
RESULT  FROM  OFFENSES  COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2. "VIOLENT FELONY OFFENSE" MEANS  A  CONVICTION  FOR  AN  OFFENSE  AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
  3.  "LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION" MEANS THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN  WHICH  THE  VIOLENT
FELONY  OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6. "VIOLENT PREDATOR" MEANS A PERSON  WHO  HAS  BEEN  CONVICTED  OF  A
VIOLENT  FELONY  OFFENSE AS DEFINED IN THIS ARTICLE, OR A VIOLENT FELONY
OFFENDER AS DEFINED IN THIS ARTICLE WHO SUFFERS  FROM  A  MENTAL  ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7.  "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF A
PERSON THAT AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF  THE  PERSON
IN  A  MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION OF CRIMINAL
VIOLENT ACTS TO A DEGREE THAT MAKES THE PERSON A MENACE  TO  THE  HEALTH
AND SAFETY OF OTHER PERSONS.
  8.  "BOARD"  MEANS  THE BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS  ARTI-
CLE.
  9.  "LOCAL  CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  S  163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVI-
SION SHALL ESTABLISH AND MAINTAIN A  FILE  OF  INDIVIDUALS  REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE VIOLENT FELONY OFFENDER'S NAME,  ALL  ALIASES  USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY  AVAILABLE  TO  ANY
REGIONAL  OR  NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS FOR THE

S. 3645--A                          3

PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS  OF  THIS
ARTICLE.  THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
MENTS.
  5.  THE  DIVISION  SHALL  ALSO  ESTABLISH  AND OPERATE A 900 NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  WHERE  APPROPRIATE,  AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION,  OF  THE  CONTEMPLATED  RELEASE OR DISCHARGE OF SUCH VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE  OR  SHE
PROPOSES  TO  RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S  FINGERPRINTS  AND  PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY  OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE  SENT  BY  THE  VIOLENT
FELONY  OFFENDER'S  PAROLE  OFFICER  WITHIN FORTY-EIGHT HOURS TO THE LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND  SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI-
ATE, AND 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  VIOLENT  FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT

S. 3645--A                          4

HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH

S. 3645--A                          5

THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-SEVEN-F.  IN  MAKING  THE  DETERMINATION,  THE
COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERIALS SUBMITTED BY
THE  VIOLENT  FELONY  OFFENDER.  THE  COURT SHALL ALSO ALLOW THE VIOLENT
FELONY OFFENDER TO APPEAR AND BE HEARD, AND INFORM  THE  VIOLENT  FELONY
OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED, IF NECESSARY.
  S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-
TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A)  THE  VIOLENT  FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.
  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE

S. 3645--A                          6

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 VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  THE DIVI-
SION OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL  ALTERNATIVES
IN  ACCORDANCE  WITH  RISK  FACTORS  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-F OF THIS ARTICLE SHALL DETERMINE THE DURATION OF  REGISTRA-
TION  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-B AND NOTIFICATION FOR
EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS  ARTICLE
IS THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT FELONY OFFENSE.
  2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT

S. 3645--A                          7

PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S  167-C.  REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED  BY  THE  VIOLENT
FELONY  OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION
AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN  APPROPRIATE  ELEC-
TRONIC DATABASE OR FILE.
  S  167-D.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  VIOLENT  FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT  AGENCY  WHERE  THE  VIOLENT  FELONY OFFENDER LAST REGISTERED SHALL
WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS,  FORWARD  THIS
INFORMATION  TO  THE  DIVISION  AND  TO THE LOCAL LAW ENFORCEMENT AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION  TO
THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S 167-E. REGISTRATION FOR CHANGE OF  ADDRESS  FROM  ANOTHER  STATE.  A
VIOLENT  FELONY  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED  SIXTY-SEVEN-C  OF  THIS
ARTICLE  SHALL  REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN
TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER  ESTABLISHES  RESI-
DENCE  IN  THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED
LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED  ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD
SHALL CONSIST OF FIVE MEMBERS APPOINTED BY THE GOVERNOR.  THREE  MEMBERS
WHO  SHALL  BE  EXPERTS  IN  THE  FIELD OF THE BEHAVIOR AND TREATMENT OF
VIOLENT FELONY OFFENDERS 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 OR SHE IS TO SUCCEED. IN THE EVENT
OF THE INABILITY TO ACT OF ANY MEMBER, THE  GOVERNOR  MAY  APPOINT  SOME
COMPETENT  INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING THE CONTIN-
UANCE 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.

S. 3645--A                          8

  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT
PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
NOTIFIED  AND  MAY  DISSEMINATE  RELEVANT  INFORMATION WHICH MAY INCLUDE
APPROXIMATE ADDRESS BASED ON  VIOLENT  FELONY  OFFENDER'S  ZIP  CODE,  A

S. 3645--A                          9

PHOTOGRAPH   OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING  THE
OFFENDER'S CRIME OF CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF  VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE NATURE OF
THE OFFENSE COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER.  ANY  ENTITY
RECEIVING  INFORMATION  ON  A  VIOLENT  FELONY  OFFENDER MAY DISCLOSE OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE PUBLIC SAFETY, SUCH  VIOLENT  FELONY  OFFENDER  SHALL  BE  DEEMED  A
"VIOLENT  PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION AND THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT
THE  TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY DISSEMINATE
RELEVANT INFORMATION WHICH MAY INCLUDE  THE  VIOLENT  FELONY  OFFENDER'S
EXACT  ADDRESS,  A  PHOTOGRAPH  OF  THE OFFENDER, BACKGROUND INFORMATION
INCLUDING THE OFFENDER'S CRIME OF CONVICTION, MODUS OF  OPERATION,  TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE  OFFENDER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY ENTITY RECEIVING INFORMATION ON  A  VIOLENT  FELONY  OFFENDER  MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION,  IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION SHALL
ALSO BE PROVIDED IN THE SUBDIRECTORY ESTABLISHED  IN  THIS  ARTICLE  AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7.  UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY  TO
REGISTER.
  S  167-G.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A  VIOLENT  FELONY
OFFENDER  TO  BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW
NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR  DISCHARGE
AND  THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN  SIXTY  DAYS
OF  RECEIPT  OF  THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING TO SUCH PERSON. SUCH PERSON SHALL BE  PERMITTED  TO  SUBMIT  TO  THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S  167-H.  JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE  MADE  PRIOR
TO  THE  DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING
COURT AFTER RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD  PURSUANT  TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2.  IN  ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD PURSUANT TO SECTION  ONE  HUNDRED  SIXTY-SEVEN-F  OF
THIS  ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3. IN MAKING THE DETERMINATION, THE COURT SHALL  REVIEW  ANY  VICTIM'S
STATEMENT  AND  ANY  MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER.
THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND  BE
HEARD,  AND  INFORM  THE  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO
HAVE COUNSEL APPOINTED, IF NECESSARY.

S. 3645--A                         10

  4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE  AND  THREAT  TO
PUBLIC  SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED  SIXTY-SEVEN-K
OF THIS ARTICLE.
  5.  UPON  THE  REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED  TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER  UPON  THE  GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING
COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT  SHALL  NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR  DENY  THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR
TO MAKING A DETERMINATION ON THE PETITION. SUCH  PETITION,  IF  GRANTED,
SHALL  NOT  RELIEVE  THE  PETITIONER OF THE DUTY TO REGISTER PURSUANT TO
THIS ARTICLE UPON CONVICTION OF ANY OFFENSE  REQUIRING  REGISTRATION  IN
THE FUTURE.
  S  167-J.  SPECIAL  "900" TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF 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 ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION ACCORDING TO RISK AS DESCRIBED IN  SUBDIVISION  SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL
DECIDE  WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LIST-
ED, 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  CHARACTERISTICS  SHALL  BE
PROVIDED.  ANY  INFORMATION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE  PERSON  LISTED  BY  THE  DIVISION  SHALL  BE
EXCLUDED BY THE DIVISION.
  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;

S. 3645--A                         11

  (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
  (F)  A  SUMMARY  OF  THE SUCCESS OF THE "900" TELEPHONE NUMBER PROGRAM
BASED UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE
OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR

S. 3645--A                         12

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.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY  INFORMATION PURSUANT TO THIS SECTION, 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 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF A CLASS A MISDEMEANOR FOR 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 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Co-Sponsors

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S3645B - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3134

S3645B - Bill Texts

view summary

Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.

view sponsor memo
BILL NUMBER:S3645B

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting "Brittany's Law"

PURPOSE:
To establish a violent felony offender registry.

SUMMARY OF PROVISIONS:
Amends the correction law to require violent felony offenders as
defined in §70.02 of the penal law, to register with DCJS upon
discharge, parole or release from any state or local facility,
hospital or institution and to allow dissemination of and access to
certain information to the general public. Annual registration
requirements and corresponding procedural guidelines are established
to allow local law enforcement agencies and the state to monitor the
whereabouts of violent felony offenders.

JUSTIFICATION:
Many other states have some form of a violent felony offender
registry. Unfortunately, New York is not among those progressive
states that have taken constructive steps to track the whereabouts of
violent felony offenders who, as research indicates, are likely to
repeat violent crimes upon release from prison. Protecting the public
from violent offenders is a primary governmental interest and the
registration of convicted felony offenders reentering the community
is a control that helps protect individuals from victimization. This
bill, with provisions based on the "Omnibus Sex Offender Registration
Act", represents a balanced and comprehensive approach to this effort.

A man charged in a brutal attack of a victim in Massena, New York, was
out on parole and had a lengthy history of arrests including assault
with a hammer. John Edward Brown, a parolee, was released from prison
after serving only 2 1/2 years of a 3 year sentence for violently
assaulting his infant daughter in 2003· He murdered Helen Buchel and
her daughter Brittany Passalacqua in Geneva in 2009· These are just
two examples of how the early parole of a dangerous criminal has led
to tragedy.

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

LEGISLATIVE HISTORY:
2008 - S.6930-b passed Senate.
2009-10 - S.3134 - Crime Victims, Crime and Correction.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:


180 days after it shall have become a law.

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

                                 3645--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  NOZZOLIO,  DeFRANCISCO,  GOLDEN, LARKIN,
  LITTLE, MAZIARZ, RANZENHOFER, SEWARD, ZELDIN -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims,  Crime  and Correction -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  favorably from said committee and committed to the Committee
  on Finance -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the correction law, in relation to enacting  "Brittany's
  Law"

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

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
Law".
  S 2. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162.   DEFINITIONS.
        163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165.   DUTIES OF THE COURT.
        166.   DISCHARGE  OF  VIOLENT  FELONY OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167.   DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.  167-D. NOTIFICATION OF  LOCAL
                 LAW ENFORCEMENT AGENCIES OF CHANGE OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07018-06-1

S. 3645--B                          2

        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL "900" TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
        167-Q. SUBDIRECTORY; INTERNET POSTING.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT  FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
CONVICTIONS THAT RESULT FROM OR ARE CONNECTED  WITH  THE  SAME  ACT,  OR
RESULT  FROM  OFFENSES  COMMITTED AT THE SAME TIME, SHALL BE COUNTED FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2. "VIOLENT FELONY OFFENSE" MEANS  A  CONVICTION  FOR  AN  OFFENSE  AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
  3.  "LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION" MEANS THE CHIEF LAW
ENFORCEMENT OFFICER IN THE VILLAGE, TOWN OR CITY IN  WHICH  THE  VIOLENT
FELONY  OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE  SERVICES  ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5.  "HOSPITAL"  MEANS  A  HOSPITAL  AS  DEFINED  IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6. "VIOLENT PREDATOR" MEANS A PERSON  WHO  HAS  BEEN  CONVICTED  OF  A
VIOLENT  FELONY  OFFENSE AS DEFINED IN THIS ARTICLE, OR A VIOLENT FELONY
OFFENDER AS DEFINED IN THIS ARTICLE WHO SUFFERS  FROM  A  MENTAL  ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7.  "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF A
PERSON THAT AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF  THE  PERSON
IN  A  MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION OF CRIMINAL
VIOLENT ACTS TO A DEGREE THAT MAKES THE PERSON A MENACE  TO  THE  HEALTH
AND SAFETY OF OTHER PERSONS.
  8.  "BOARD"  MEANS  THE BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS
ESTABLISHED PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS  ARTI-
CLE.
  9.  "LOCAL  CORRECTIONAL FACILITY" MEANS A LOCAL CORRECTIONAL FACILITY
AS THAT TERM IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  TWO  OF  THIS
CHAPTER.
  S  163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVI-
SION SHALL ESTABLISH AND MAINTAIN A  FILE  OF  INDIVIDUALS  REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE VIOLENT FELONY OFFENDER'S NAME,  ALL  ALIASES  USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.

S. 3645--B                          3

  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN  THE
REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
  3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH  AND  OPERATE  A  900  NUMBER  AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6.  THE  DIVISION SHALL ALSO ESTABLISH A VIOLENT PREDATOR SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S  164.  VIOLENT  FELONY OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM  A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE APPROPRIATE, AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION, OF THE CONTEMPLATED RELEASE OR  DISCHARGE  OF  SUCH  VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES  OF  THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE OR SHE
PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT  THE  TIME
OF  HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF
ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE  NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME  A  COPY  OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE,  SUCH
NOTIFICATION  OF  THE  CHANGE  OF RESIDENCE SHALL BE SENT BY THE VIOLENT
FELONY OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT  HOURS  TO  THE  LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2.  IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  WHERE  APPROPRI-
ATE,  AND  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 VIOLENT FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE  WHILE

S. 3645--B                          4

ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY  THE  VIOLENT  FELONY OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.

S. 3645--B                          5

WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-SEVEN-F.  IN  MAKING  THE  DETERMINATION,  THE
COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERIALS SUBMITTED BY
THE  VIOLENT  FELONY  OFFENDER.  THE  COURT SHALL ALSO ALLOW THE VIOLENT
FELONY OFFENDER TO APPEAR AND BE HEARD, AND INFORM  THE  VIOLENT  FELONY
OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED, IF NECESSARY.
  S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-
TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A)  THE  VIOLENT  FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.

S. 3645--B                          6

  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE
OR  SHE  SHALL  BE  IN VIOLATION OF THIS SECTION 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 VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  THE DIVI-
SION OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL  ALTERNATIVES
IN  ACCORDANCE  WITH  RISK  FACTORS  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-F OF THIS ARTICLE SHALL DETERMINE THE DURATION OF  REGISTRA-
TION  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-B AND NOTIFICATION FOR
EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS  ARTICLE
IS THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT FELONY OFFENSE.
  2.  EVERY  VIOLENT  FELONY  OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE IS THEN ON PAROLE OR PROBATION  FOR  A  VIOLENT  FELONY  OFFENSE
SHALL  WITHIN  TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER WITH HIS
OR HER PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF  THE  VIOLENT
FELONY  OFFENDER'S  INITIAL REGISTRATION DATE THEREAFTER, THE PROVISIONS
OF SECTION ONE HUNDRED SIXTY-SEVEN OF  THIS  ARTICLE  SHALL  APPLY.  ANY
VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR  REFUSES TO SO COMPLY SHALL BE
SUBJECT TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS  ARTICLE
WHICH  WOULD  BE  IMPOSED  UPON  A  VIOLENT FELONY OFFENDER WHO FAILS OR
REFUSES TO SO COMPLY WITH THE PROVISIONS OF THIS  ARTICLE  ON  OR  AFTER
SUCH EFFECTIVE DATE.
  3.  IT  SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER TO INFORM
AND REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE  REQUIREMENTS
IMPOSED  BY  THIS  ARTICLE. A PAROLE OR PROBATION OFFICER SHALL GIVE ONE
COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN  THREE
CALENDAR  DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE  OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.

S. 3645--B                          7

  S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT
PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S 167-C. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED  BY  THIS
ARTICLE  SHALL  CONSIST  OF A STATEMENT IN WRITING SIGNED BY THE VIOLENT
FELONY OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE  DIVISION
AND  THE  DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELEC-
TRONIC DATABASE OR FILE.
  S 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A VIOLENT FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT AGENCY WHERE THE VIOLENT  FELONY  OFFENDER  LAST  REGISTERED  SHALL
WITHIN  THREE  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS
INFORMATION TO THE DIVISION AND TO  THE  LOCAL  LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER  UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO
THE APPROPRIATE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  WHERE  THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S  167-E.  REGISTRATION  FOR  CHANGE  OF ADDRESS FROM ANOTHER STATE. A
VIOLENT FELONY OFFENDER WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE  WHICH
REQUIRES  REGISTRATION  UNDER  SECTION ONE HUNDRED SIXTY-SEVEN-C OF THIS
ARTICLE SHALL REGISTER THE NEW ADDRESS WITH THE DIVISION NO  LATER  THAN
TEN  CALENDAR  DAYS AFTER SUCH VIOLENT FELONY OFFENDER ESTABLISHES RESI-
DENCE IN THIS STATE. THE DIVISION SHALL COORDINATE WITH  THE  DESIGNATED
LAW  ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  S 167-F. BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS.  1.  THERE
SHALL  BE  A  BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS WHICH SHALL
POSSESS THE POWERS AND DUTIES SPECIFIED IN THIS  SECTION.    SUCH  BOARD
SHALL  CONSIST  OF FIVE MEMBERS APPOINTED BY THE GOVERNOR. THREE MEMBERS
WHO SHALL BE EXPERTS IN THE FIELD  OF  THE  BEHAVIOR  AND  TREATMENT  OF
VIOLENT  FELONY  OFFENDERS  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 OR SHE IS TO SUCCEED. IN THE  EVENT
OF  THE  INABILITY  TO  ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME
COMPETENT INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING THE  CONTIN-
UANCE 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.

S. 3645--B                          8

  4.  EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT
PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE

S. 3645--B                          9

NOTIFIED  AND  MAY  DISSEMINATE  RELEVANT  INFORMATION WHICH MAY INCLUDE
APPROXIMATE ADDRESS BASED ON  VIOLENT  FELONY  OFFENDER'S  ZIP  CODE,  A
PHOTOGRAPH   OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING  THE
OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF  OPERATION, TYPE OF VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE  NATURE  OF
THE  OFFENSE  COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER. ANY ENTITY
RECEIVING INFORMATION ON A  VIOLENT  FELONY  OFFENDER  MAY  DISCLOSE  OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE  PUBLIC  SAFETY,  SUCH  VIOLENT  FELONY  OFFENDER  SHALL BE DEEMED A
"VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO  SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION  AND  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT
THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY  DISSEMINATE
RELEVANT  INFORMATION  WHICH  MAY  INCLUDE THE VIOLENT FELONY OFFENDER'S
EXACT ADDRESS, A PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION
INCLUDING  THE  OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS  RELATED  TO  THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY  ENTITY  RECEIVING  INFORMATION  ON  A VIOLENT FELONY OFFENDER MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION  SHALL
ALSO  BE  PROVIDED  IN  THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7. UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING  TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY TO
REGISTER.
  S 167-G. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION  SHALL  FORWARD RELEVANT INFORMATION PERTAINING TO A VIOLENT FELONY
OFFENDER TO BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD  FOR  REVIEW
NO  LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE
AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION  SIX
OF  SECTION  ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN SIXTY DAYS
OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT  MAY  NOT  BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING  TO  SUCH  PERSON.  SUCH  PERSON SHALL BE PERMITTED TO SUBMIT TO THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S 167-H. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT  AN  OFFENDER
IS  A  VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE MADE PRIOR
TO THE DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY  THE  SENTENCING
COURT  AFTER  RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD PURSUANT TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE  A  DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION  FROM  THE  BOARD  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF
THIS ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE  MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3.  IN  MAKING  THE DETERMINATION, THE COURT SHALL REVIEW ANY VICTIM'S
STATEMENT AND ANY MATERIALS SUBMITTED BY THE  VIOLENT  FELONY  OFFENDER.
THE  COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND BE

S. 3645--B                         10

HEARD, AND INFORM THE VIOLENT FELONY OFFENDER OF HIS  OR  HER  RIGHT  TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
  4.  UPON  DETERMINATION  THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE  DIVI-
SION  OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-SEVEN-K
OF THIS ARTICLE.
  5. UPON THE REVERSAL OF A CONVICTION OF THE  VIOLENT  FELONY  OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S  167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF  BY  THE  SENTENCING
COURT.  UPON  RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR DENY THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE  VICTIM  PRIOR
TO  MAKING  A  DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED,
SHALL NOT RELIEVE THE PETITIONER OF THE DUTY  TO  REGISTER  PURSUANT  TO
THIS  ARTICLE  UPON  CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN
THE FUTURE.
  S 167-J. SPECIAL "900" TELEPHONE NUMBER. 1. PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-THREE  OF 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 ASCERTAIN WHETHER A NAMED PERSON REASON-
ABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE  CALLER  WITH  THE
RELEVANT  INFORMATION  ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL
DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON  LIST-
ED,  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 CHARACTERISTICS SHALL BE
PROVIDED. ANY INFORMATION IDENTIFYING THE VICTIM BY  NAME,  BIRTH  DATE,
ADDRESS  OR  RELATION  TO  THE  PERSON  LISTED  BY THE DIVISION SHALL BE
EXCLUDED BY THE DIVISION.
  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

S. 3645--B                         11

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
  (F) A SUMMARY OF THE SUCCESS OF THE  "900"  TELEPHONE  NUMBER  PROGRAM
BASED UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A  SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE THE
EXACT ADDRESS AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER  ALONG  WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND  DISTINCTIVE  MARKINGS. BACKGROUND INFORMATION INCLUDING THE VIOLENT
FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF
VICTIM  TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE
VIOLENT FELONY OFFENDER SHALL ALSO BE INCLUDED. THE  SUBDIRECTORY  SHALL
HAVE  VIOLENT  FELONY  OFFENDER  LISTINGS  CATEGORIZED BY COUNTY AND ZIP
CODE. A COPY OF THE SUBDIRECTORY SHALL ANNUALLY BE  DISTRIBUTED  TO  THE
OFFICES  OF  LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS FOR PURPOSES
OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN  WRIT-
ING  EXPRESS  A  PURPOSE IN ORDER TO HAVE ACCESS TO THE SUBDIRECTORY AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING THE VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO  THE  VIOLENT
FELONY  OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND  USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR

S. 3645--B                         12

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.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED IN THIS SECTION PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR  AGENCY  REASONABLY  AND  IN  GOOD
FAITH.
  S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF A CLASS A MISDEMEANOR FOR 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 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL

S. 3645--B                         13

ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
THE  DIVISION  HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE
AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW  OR  UPDATED  SUBDIRECTORY
REGISTRATION  OCCURS  IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE
DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE  TO  SUCH  PERSON,  WHO
SHALL  REQUEST  E-MAIL  NOTIFICATION  BY COUNTY AND/OR ZIP CODE ON FORMS
DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION  IS  LIMITED
TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

Co-Sponsors

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S3645C - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3134

S3645C - Bill Texts

view summary

Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.

view sponsor memo
BILL NUMBER:S3645C

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting "Brittany's Law"

PURPOSE:
To establish a violent felony offender registry.

SUMMARY OF PROVISIONS:
Amends the correction law to require violent felony offenders as
defined in §70.02 of the penal law, to register with DCJS upon
discharge, parole or release from any state or local facility,
hospital or institution and to allow.
dissemination of and access to certain information to the general
public. Annual registration requirements and corresponding procedural
guidelines are established to allow local law enforcement agencies
and the state to monitor the whereabouts of violent felony offenders.

JUSTIFICATION:
Many other states have some form of a violent felony offender
registry. Unfortunately, New York is not among those progressive
states that have taken constructive steps to track the whereabouts of
violent felony offenders who, as research indicates, are likely to
repeat violent crimes upon release from prison. Protecting the public
from violent offenders is a primary governmental interest and the
registration of convicted felony offenders reentering the community
is a control that helps protect individuals from victimization. This
bill, with provisions based on the "Omnibus Sex Offender Registration
Act", represents a balanced and comprehensive approach to this effort.

A man charged in a brutal attack of a victim in Massena, New York, was
out on parole and had a lengthy history of arrests including assault
with a hammer. John Edward Brown, a parolee, was released from prison
after serving only 2 1/2 years of a 3 year sentence for violently
assaulting his infant daughter in 2003· He murdered Helen Buchel and
her daughter Brittany Passalacqua in Geneva in 2009· These are just
two examples of how the early parole of a dangerous criminal has led
to tragedy.

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

LEGISLATIVE HISTORY:
2008: S.6930-B - Passed Senate
2009-10: S.3134 - Crime Victims, Crime & Correction

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after it shall have become a law.


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

                                 3645--C
    Cal. No. 583

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  NOZZOLIO,  DeFRANCISCO, GOLDEN, KENNEDY,
  LARKIN, LITTLE, MARTINS, MAZIARZ, RANZENHOFER, RITCHIE, SEWARD, ZELDIN
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Crime Victims,  Crime  and  Correction  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  reported  favorably  from  said committee and
  committed to the Committee on Finance --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported  favorably  from  said  committee,  ordered  to  first
  report, amended on first report, ordered to a second report, and to be
  reprinted  as  amended,  retaining  its  place  in the order of second
  report

AN ACT to amend the correction law, in relation to enacting  "Brittany's
  Law"

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

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
Law".
  S 2. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162.   DEFINITIONS.
        163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165.   DUTIES OF THE COURT.
        166.   DISCHARGE  OF  VIOLENT  FELONY OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167.   DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07018-07-1

S. 3645--C                          2

        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL "900" TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
        167-Q. SUBDIRECTORY; INTERNET POSTING.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL  LAW.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
AND SAFETY OF OTHER PERSONS.
  8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
CLE.
  9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  S 163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE  DIVI-
SION  SHALL  ESTABLISH  AND  MAINTAIN  A FILE OF INDIVIDUALS REQUIRED TO
REGISTER PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL  INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:

S. 3645--C                          3

  (A)  THE  VIOLENT  FELONY  OFFENDER'S  NAME, ALL ALIASES USED, DATE OF
BIRTH, SEX, RACE, HEIGHT, WEIGHT, EYE COLOR,  DRIVER'S  LICENSE  NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2.  THE  DIVISION  IS AUTHORIZED TO MAKE THE REGISTRY AVAILABLE TO ANY
REGIONAL OR NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS  FOR  THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH  FILES  AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE. THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN  THE
REGISTRY  SHALL  BE  MADE  AVAILABLE  EXCEPT  IN  THE FURTHERANCE OF THE
PROVISIONS OF THIS ARTICLE.
  3. THE DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM  TO  BE
MADE  AVAILABLE  TO THE APPROPRIATE AUTHORITIES AND PROMULGATE RULES AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4. THE DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM  TO  THE
LAST  REPORTED  ADDRESS  OF  THE PERSON FOR ANNUAL VERIFICATION REQUIRE-
MENTS.
  5. THE DIVISION SHALL ALSO ESTABLISH  AND  OPERATE  A  900  NUMBER  AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6.  THE  DIVISION SHALL ALSO ESTABLISH A VIOLENT PREDATOR SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7. THE DIVISION SHALL ALSO ESTABLISH A PUBLIC  AWARENESS  CAMPAIGN  TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S  164.  VIOLENT  FELONY OFFENDER; RELOCATION; NOTIFICATION. 1. IN THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM  A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE APPROPRIATE, AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION, OF THE CONTEMPLATED RELEASE OR  DISCHARGE  OF  SUCH  VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES  OF  THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE OR SHE
PROPOSES TO RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT  THE  TIME
OF  HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED, IF
ANY, ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE  NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME  A  COPY  OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE,  SUCH
NOTIFICATION  OF  THE  CHANGE  OF RESIDENCE SHALL BE SENT BY THE VIOLENT
FELONY OFFENDER'S PAROLE OFFICER WITHIN FORTY-EIGHT  HOURS  TO  THE  LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2.  IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL
BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION,  WHERE  APPROPRI-
ATE,  AND  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

S. 3645--C                          4

PERSON,  THE  ADDRESS  AT WHICH HE OR SHE PROPOSES TO RESIDE, RESIDED AT
AND/OR AT WHICH HE OR SHE CURRENTLY RESIDES, THE AMOUNT OF  TIME  TO  BE
SERVED ON PROBATION, AND THE NATURE OF THE CRIME FOR WHICH HE OR SHE WAS
SENTENCED,  TRANSMITTING  AT THE SAME TIME A COPY OF SUCH VIOLENT FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE  WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY  THE  VIOLENT  FELONY OFFENDER'S PROBATION OFFICER WITHIN FORTY-EIGHT
HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3. IN THE CASE OF ANY VIOLENT FELONY OFFENDER, WHO  ON  THE  EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF  SUCH  VIOLENT  FELONY  OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN
FORTY-FIVE CALENDAR DAYS OF THE EFFECTIVE DATE OF  THIS  SUBDIVISION  TO
NOTIFY  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH SUCH
PERSON RESIDED AT THE TIME OF HIS OR HER CONVICTION, IF  DIFFERENT  FROM
WHERE  HE  OR  SHE  CURRENTLY  RESIDES  AND/OR WHERE HE OR SHE CURRENTLY
RESIDES, OF THE NAME AND ALIASES OF SUCH VIOLENT  FELONY  OFFENDER,  THE
ADDRESS  AT  WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR SHE CURRENTLY
RESIDES, THE AMOUNT OF TIME TO BE SERVED ON  PAROLE  OR  PROBATION,  THE
NATURE  OF  THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT
THE SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS  AND
PHOTOGRAPH  AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN  FORTY-
EIGHT  HOURS  TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4. IN THE CASE IN WHICH ANY VIOLENT FELONY  OFFENDER  ESCAPES  FROM  A
STATE  OR  LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE DESIGNATED OFFI-
CIAL OF THE FACILITY OR HOSPITAL WHERE THE  PERSON  WAS  CONFINED  SHALL
NOTIFY  WITHIN  TWENTY-FOUR  HOURS THE LAW ENFORCEMENT AGENCY HAVING HAD
JURISDICTION AT THE TIME OF HIS OR HER CONVICTION,  INFORMING  SUCH  LAW
ENFORCEMENT  AGENCY  OF  THE  NAME  AND  ALIASES  OF THE PERSON, AND THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE AMOUNT OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL  TERM  FOR
WHICH  HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH HE
OR SHE WAS SENTENCED, TRANSMITTING AT THE  SAME  TIME  A  COPY  OF  SUCH
VIOLENT  FELONY  OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT THE PERSON IS A VIOLENT  FELONY  OFFENDER  AND  SHALL  INCLUDE  THE
CERTIFICATION  IN  THE  ORDER OF COMMITMENT. THE COURT SHALL ALSO ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2. ANY VIOLENT FELONY  OFFENDER,  WHO  IS  RELEASED  ON  PROBATION  OR
DISCHARGED  UPON  PAYMENT  OF  A  FINE  SHALL,  PRIOR TO SUCH RELEASE OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS  A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A
PROVISION  REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF THIS
ARTICLE. WHERE SUCH VIOLENT FELONY  OFFENDER  VIOLATES  SUCH  PROVISION,
PROBATION  MAY  BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED BY ARTICLE
FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL  REQUIRE
THE  VIOLENT  FELONY  OFFENDER  TO  READ  AND  SIGN  SUCH FORM AS MAY BE
REQUIRED BY THE DIVISION STATING THE DUTY TO REGISTER AND THE  PROCEDURE
FOR  REGISTRATION  HAS  BEEN EXPLAINED TO HIM OR HER. THE COURT SHALL ON

S. 3645--C                          5

SUCH FORM OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY  OFFENDER  EXPECTS
TO  RESIDE  UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS TO THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-SEVEN-F.  IN  MAKING  THE  DETERMINATION,  THE
COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY MATERIALS SUBMITTED BY
THE  VIOLENT  FELONY  OFFENDER.  THE  COURT SHALL ALSO ALLOW THE VIOLENT
FELONY OFFENDER TO APPEAR AND BE HEARD, AND INFORM  THE  VIOLENT  FELONY
OFFENDER OF HIS OR HER RIGHT TO HAVE COUNSEL APPOINTED, IF NECESSARY.
  S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.
  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES OF VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED  PLACE  OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE  ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL REGIS-

S. 3645--C                          6

TRATION DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO  REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A)  THE  VIOLENT  FELONY OFFENDER SHALL MAIL THE VERIFICATION FORM TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.
  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE  FORM,  HE
OR  SHE  SHALL  BE  IN VIOLATION OF THIS SECTION 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  VIOLENT  FELONY  OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE
EXCEPT THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT  PREDA-
TOR  MUST  PERSONALLY  VERIFY WITH THE LOCAL LAW ENFORCEMENT AGENCY, THE
REGISTRATION EVERY NINETY CALENDAR DAYS AFTER THE DATE  OF  THE  INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE  VIOLENT  FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER STATE, NOTIFY
THE APPROPRIATE STATE LAW ENFORCEMENT  AGENCY  WITH  WHICH  THE  VIOLENT
FELONY  OFFENDER  MUST REGISTER IN THE NEW STATE. IF ANY PERSON REQUIRED
TO REGISTER AS PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS  OF  HIS  OR
HER  RESIDENCE,  THE  VIOLENT  FELONY OFFENDER SHALL WITHIN TEN CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF THE NEW ADDRESS. THE  LAW  ENFORCEMENT  AGENCY  SHALL,  WITHIN  THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE  DIVISION  AND  TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE APPLICABLE TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE  CONVICTION  WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER. 1.  THE DIVI-
SION  OF PAROLE OR DEPARTMENT OF PROBATION AND CORRECTIONAL ALTERNATIVES
IN  ACCORDANCE  WITH  RISK  FACTORS  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-F  OF THIS ARTICLE SHALL DETERMINE THE DURATION OF REGISTRA-
TION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-B AND NOTIFICATION  FOR
EVERY  VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS ARTICLE
IS THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT FELONY OFFENSE.
  2. EVERY VIOLENT FELONY OFFENDER WHO ON THE  EFFECTIVE  DATE  OF  THIS
ARTICLE  IS  THEN  ON  PAROLE  OR PROBATION FOR A VIOLENT FELONY OFFENSE
SHALL WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER  WITH  HIS
OR  HER  PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF THE VIOLENT
FELONY OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER,  THE  PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE SHALL APPLY. ANY
VIOLENT FELONY OFFENDER WHO FAILS OR  REFUSES  TO  SO  COMPLY  SHALL  BE
SUBJECT  TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE
WHICH WOULD BE IMPOSED UPON A  VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR
REFUSES  TO  SO  COMPLY  WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER
SUCH EFFECTIVE DATE.
  3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE REQUIREMENTS
IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER  SHALL  GIVE  ONE
COPY  OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN THREE
CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE  DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW

S. 3645--C                          7

ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES  UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY  OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S 167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR  A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE  INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A VIOLENT
PREDATOR, SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM  OF
TEN  YEARS  UNLESS  THE  COURT DETERMINES IN ACCORDANCE WITH SECTION ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S 167-C. REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED  BY  THIS
ARTICLE  SHALL  CONSIST  OF A STATEMENT IN WRITING SIGNED BY THE VIOLENT
FELONY OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE  DIVISION
AND  THE  DIVISION SHALL ENTER THE INFORMATION INTO AN APPROPRIATE ELEC-
TRONIC DATABASE OR FILE.
  S 167-D. NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF  CHANGE  OF
ADDRESS.  1.  UPON  RECEIPT  OF  A CHANGE OF ADDRESS BY A VIOLENT FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT AGENCY WHERE THE VIOLENT  FELONY  OFFENDER  LAST  REGISTERED  SHALL
WITHIN  THREE  CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS
INFORMATION TO THE DIVISION AND TO  THE  LOCAL  LAW  ENFORCEMENT  AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER  UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION TO
THE APPROPRIATE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  WHERE  THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3.  UPON  RECEIPT  OF  CHANGE  OF  ADDRESS  INFORMATION, THE LOCAL LAW
ENFORCEMENT AGENCY HAVING JURISDICTION OF THE  NEW  PLACE  OF  RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S  167-E.  REGISTRATION  FOR  CHANGE  OF ADDRESS FROM ANOTHER STATE. A
VIOLENT FELONY OFFENDER WHO HAS  BEEN  CONVICTED  OF  AN  OFFENSE  WHICH
REQUIRES  REGISTRATION  UNDER  SECTION ONE HUNDRED SIXTY-SEVEN-C OF THIS
ARTICLE SHALL REGISTER THE NEW ADDRESS WITH THE DIVISION NO  LATER  THAN
TEN  CALENDAR  DAYS AFTER SUCH VIOLENT FELONY OFFENDER ESTABLISHES RESI-
DENCE IN THIS STATE. THE DIVISION SHALL COORDINATE WITH  THE  DESIGNATED
LAW  ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  S 167-F. BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS.  1.  THERE
SHALL  BE  A  BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS WHICH SHALL
POSSESS THE POWERS AND DUTIES SPECIFIED IN THIS  SECTION.    SUCH  BOARD
SHALL  CONSIST  OF FIVE MEMBERS APPOINTED BY THE GOVERNOR. THREE MEMBERS
WHO SHALL BE EXPERTS IN THE FIELD  OF  THE  BEHAVIOR  AND  TREATMENT  OF
VIOLENT  FELONY  OFFENDERS  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 OR SHE IS TO SUCCEED. IN THE  EVENT
OF  THE  INABILITY  TO  ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME
COMPETENT INFORMED PERSON TO ACT IN HIS OR HER STEAD DURING THE  CONTIN-
UANCE OF SUCH DISABILITY.

S. 3645--C                          8

  2.  THE  GOVERNOR  SHALL  DESIGNATE ONE OF THE MEMBERS OF THE BOARD AS
CHAIRMAN TO SERVE IN SUCH CAPACITY AT THE PLEASURE OF  THE  GOVERNOR  OR
UNTIL  THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
  3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
AFTER AN OPPORTUNITY TO BE HEARD.
  4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT
BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT
PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY

S. 3645--C                          9

HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED AND MAY DISSEMINATE  RELEVANT  INFORMATION  WHICH  MAY  INCLUDE
APPROXIMATE  ADDRESS  BASED  ON  VIOLENT  FELONY  OFFENDER'S ZIP CODE, A
PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING   THE
OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF  OPERATION, TYPE OF VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER TO ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE  NATURE  OF
THE  OFFENSE  COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER. ANY ENTITY
RECEIVING INFORMATION ON A  VIOLENT  FELONY  OFFENDER  MAY  DISCLOSE  OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE  PUBLIC  SAFETY,  SUCH  VIOLENT  FELONY  OFFENDER  SHALL BE DEEMED A
"VIOLENT PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO  SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION  AND  THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT
THE TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY  DISSEMINATE
RELEVANT  INFORMATION  WHICH  MAY  INCLUDE THE VIOLENT FELONY OFFENDER'S
EXACT ADDRESS, A PHOTOGRAPH  OF  THE  OFFENDER,  BACKGROUND  INFORMATION
INCLUDING  THE  OFFENDER'S CRIME OF CONVICTION, MODUS OF OPERATION, TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE OFFENDER TO ANY ENTITY WITH VULNERABLE POPULATIONS  RELATED  TO  THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY  ENTITY  RECEIVING  INFORMATION  ON  A VIOLENT FELONY OFFENDER MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION  SHALL
ALSO  BE  PROVIDED  IN  THE SUBDIRECTORY ESTABLISHED IN THIS ARTICLE AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7. UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE  HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING  TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY TO
REGISTER.
  S 167-G. REVIEW. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  TO  THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION  SHALL  FORWARD RELEVANT INFORMATION PERTAINING TO A VIOLENT FELONY
OFFENDER TO BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD  FOR  REVIEW
NO  LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR DISCHARGE
AND THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION  SIX
OF  SECTION  ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN SIXTY DAYS
OF RECEIPT OF THE INFORMATION. INFORMATION MAY INCLUDE BUT  MAY  NOT  BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-
ING  TO  SUCH  PERSON.  SUCH  PERSON SHALL BE PERMITTED TO SUBMIT TO THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S 167-H. JUDICIAL DETERMINATION. 1. A DETERMINATION THAT  AN  OFFENDER
IS  A  VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE MADE PRIOR
TO THE DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY  THE  SENTENCING
COURT  AFTER  RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD PURSUANT TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2. IN ADDITION, THE SENTENCING COURT SHALL ALSO MAKE  A  DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION  FROM  THE  BOARD  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF

S. 3645--C                         10

THIS ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE  MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3.  IN  MAKING  THE DETERMINATION, THE COURT SHALL REVIEW ANY VICTIM'S
STATEMENT AND ANY MATERIALS SUBMITTED BY THE  VIOLENT  FELONY  OFFENDER.
THE  COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND BE
HEARD, AND INFORM THE VIOLENT FELONY OFFENDER OF HIS  OR  HER  RIGHT  TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
  4.  UPON  DETERMINATION  THAT THE RISK OF REPEAT OFFENSE AND THREAT TO
PUBLIC SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE  DIVI-
SION  OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-SEVEN-K
OF THIS ARTICLE.
  5. UPON THE REVERSAL OF A CONVICTION OF THE  VIOLENT  FELONY  OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S  167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER UPON THE GRANTING OF A PETITION FOR RELIEF  BY  THE  SENTENCING
COURT.  UPON  RECEIPT OF THE PETITION FOR RELIEF, THE COURT SHALL NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR DENY THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE  VICTIM  PRIOR
TO  MAKING  A  DETERMINATION ON THE PETITION. SUCH PETITION, IF GRANTED,
SHALL NOT RELIEVE THE PETITIONER OF THE DUTY  TO  REGISTER  PURSUANT  TO
THIS  ARTICLE  UPON  CONVICTION OF ANY OFFENSE REQUIRING REGISTRATION IN
THE FUTURE.
  S 167-J. SPECIAL "900" TELEPHONE NUMBER. 1. PURSUANT  TO  SECTION  ONE
HUNDRED  SIXTY-THREE  OF 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 ASCERTAIN WHETHER A NAMED PERSON REASON-
ABLY APPEARS TO BE A PERSON SO LISTED AND PROVIDE THE  CALLER  WITH  THE
RELEVANT  INFORMATION  ACCORDING TO RISK AS DESCRIBED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL
DECIDE WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON  LIST-
ED,  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 CHARACTERISTICS SHALL BE
PROVIDED. ANY INFORMATION IDENTIFYING THE VICTIM BY  NAME,  BIRTH  DATE,
ADDRESS  OR  RELATION  TO  THE  PERSON  LISTED  BY THE DIVISION SHALL BE
EXCLUDED BY THE DIVISION.
  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;

S. 3645--C                         11

  (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
  (F)  A  SUMMARY  OF  THE SUCCESS OF THE "900" TELEPHONE NUMBER PROGRAM
BASED UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE
OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE

S. 3645--C                         12

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.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED IN THIS SECTION PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD FAITH.
  S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF A CLASS A MISDEMEANOR FOR 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 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-
OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-

S. 3645--C                         13

TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
INCLUDED.  THE  SUBDIRECTORY SHALL HAVE VIOLENT FELONY OFFENDER LISTINGS
CATEGORIZED BY COUNTY AND ZIP CODE. A COPY  OF  THE  SUBDIRECTORY  SHALL
ANNUALLY  BE  DISTRIBUTED  TO  THE OFFICES OF LOCAL VILLAGE, TOWN, CITY,
COUNTY OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC  ACCESS.
THE  DIVISION  SHALL  DISTRIBUTE MONTHLY UPDATES TO THE OFFICES OF LOCAL
VILLAGE, TOWN, CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT  AGENCIES  FOR
PURPOSES  OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON
IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
TORY. ANY INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME,  BIRTH  DATE,
ADDRESS  OR  RELATION  TO  THE VIOLENT FELONY OFFENDER SHALL BE EXCLUDED
FROM THE SUBDIRECTORY DISTRIBUTED FOR PURPOSES  OF  PUBLIC  ACCESS.  THE
SUBDIRECTORY  PROVIDED  FOR  HEREIN SHALL BE UPDATED MONTHLY TO MAINTAIN
ITS EFFICIENCY AND USEFULNESS AND SHALL BE COMPUTER  ACCESSIBLE.    SUCH
SUBDIRECTORY  SHALL  BE  MADE AVAILABLE AT ALL TIMES ON THE INTERNET VIA
THE DIVISION HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION  TO  RECEIVE
AUTOMATED  E-MAIL  NOTIFICATIONS  WHENEVER A NEW OR UPDATED SUBDIRECTORY
REGISTRATION OCCURS IN A GEOGRAPHIC AREA SPECIFIED BY SUCH  PERSON.  THE
DIVISION  SHALL  FURNISH  SUCH  SERVICE AT NO CHARGE TO SUCH PERSON, WHO
SHALL REQUEST E-MAIL NOTIFICATION BY COUNTY AND/OR  ZIP  CODE  ON  FORMS
DEVELOPED  AND  PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION IS LIMITED
TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR  OTHER  ORDER
AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

Co-Sponsors

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S3645D (ACTIVE) - Bill Details

Current Committee:
Law Section:
Correction Law
Laws Affected:
Add Art 6-B §§162 - 167-q, Cor L
Versions Introduced in 2009-2010 Legislative Session:
S3134

S3645D (ACTIVE) - Bill Texts

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Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.

view sponsor memo
BILL NUMBER:S3645D

TITLE OF BILL:
An act
to amend the correction law, in relation to enacting "Brittany's Law"

PURPOSE:
To establish a violent felony offender registry.

SUMMARY OF PROVISIONS:
Amends the correction law to require violent felony offenders as
defined in §70.02 of the penal law, to register with DCJS upon
discharge, parole or release from any state or local facility,
hospital or institution and to allow dissemination of and access to
certain information to the general public. Annual registration
requirements and corresponding procedural guidelines are established
to allow local law enforcement agencies and the state to monitor the
whereabouts of violent felony offenders.

JUSTIFICATION:
Many other states have some form of a violent felony offender
registry. Unfortunately, New York is not among those progressive
states that have taken constructive steps to track the whereabouts of
violent felony offenders who, as research indicates, are likely to
repeat violent crimes upon release from prison. Protecting the public
from violent offenders is a primary governmental interest and the
registration of convicted felony offenders reentering the community
is a control that helps protect individuals from victimization. This
bill, with provisions based on the "Omnibus Sex Offender Registration
Act", represents a balanced and comprehensive approach to this effort.

A man charged in a brutal attack of a victim in Massena, New York, was
out on parole and had a lengthy history of arrests including assault
with a hammer. John Edward Brown, a parolee, was released from prison
after serving only 2 1/2 years of a 3 year sentence for violently
assaulting his infant daughter in 2003. He murdered Helen Buchel and
her daughter Brittany Passalacqua in Geneva in 2009. These are just
two examples of how the early parole of a dangerous criminal has led
to tragedy.

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

LEGISLATIVE HISTORY:
2011 - Passed Senate; Held in Correction Committee in Assembly.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after it shall have become a law.


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

                                 3645--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sens.  GRIFFO,  NOZZOLIO, DeFRANCISCO, GALLIVAN, GOLDEN,
  KENNEDY,  LARKIN,  LITTLE,  MARTINS,  MAZIARZ,  RANZENHOFER,  RITCHIE,
  ROBACH,  SEWARD,  ZELDIN  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first report, amended on first report, ordered to a second  report,
  and  to  be  reprinted as amended, retaining its place in the order of
  second report -- recommitted to the Committee on Crime Victims,  Crime
  and  Correction  in  accordance with Senate Rule 6, sec. 8 -- reported
  favorably from said  committee  and  committed  to  the  Committee  on
  Finance  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the correction law, in relation to enacting  "Brittany's
  Law"

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

  Section 1. This act shall be known and may  be  cited  as  "Brittany's
Law".
  S 2. The correction law is amended by adding a new article 6-B to read
as follows:
                               ARTICLE 6-B
                  VIOLENT FELONY OFFENDER REGISTRATION
SECTION 162.   DEFINITIONS.
        163.   DUTIES OF THE DIVISION; REGISTRATION INFORMATION.
        164.   VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.
        165.   DUTIES OF THE COURT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07018-15-2

S. 3645--D                          2

        166.   DISCHARGE  OF  VIOLENT  FELONY OFFENDER FROM CORRECTIONAL
                 FACILITY; DUTIES OF OFFICIAL IN CHARGE.
        167.   DUTY TO REGISTER.
        167-A. PRIOR CONVICTIONS; DUTY TO INFORM AND REGISTER.
        167-B. DURATION OF REGISTRATION.
        167-C. REGISTRATION REQUIREMENTS.
        167-D. NOTIFICATION  OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE
                 OF ADDRESS.
        167-E. REGISTRATION FOR CHANGE OF ADDRESS FROM ANOTHER STATE.
        167-F. BOARD OF EXAMINERS OF VIOLENT FELONY OFFENDERS.
        167-G. REVIEW.
        167-H. JUDICIAL DETERMINATION.
        167-I. PETITION FOR RELIEF.
        167-J. SPECIAL "900" TELEPHONE NUMBER.
        167-K. VIOLENT PREDATOR SUBDIRECTORY.
        167-L. IMMUNITY FROM LIABILITY.
        167-M. ANNUAL REPORT.
        167-N. FAILURE TO REGISTER; PENALTY.
        167-O. UNAUTHORIZED RELEASE OF INFORMATION.
        167-P. SEVERABILITY.
        167-Q. SUBDIRECTORY; INTERNET POSTING.
  S 162. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFINITIONS
APPLY:
  1. "VIOLENT FELONY OFFENDER" INCLUDES ANY PERSON WHO IS CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED UNDER SECTION 70.02 OF THE PENAL  LAW.
CONVICTIONS  THAT  RESULT  FROM  OR  ARE CONNECTED WITH THE SAME ACT, OR
RESULT FROM OFFENSES COMMITTED AT THE SAME TIME, SHALL  BE  COUNTED  FOR
THE PURPOSE OF THIS ARTICLE AS  ONE CONVICTION. ANY CONVICTION SET ASIDE
PURSUANT TO LAW IS NOT A CONVICTION FOR PURPOSES OF THIS ARTICLE.
  2.  "VIOLENT  FELONY  OFFENSE"  MEANS  A  CONVICTION FOR AN OFFENSE AS
DEFINED UNDER SECTION 70.02 OF THE PENAL LAW OR A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW OTHER THAN A CLASS A OFFENSE DEFINED IN ARTICLE
TWO HUNDRED TWENTY OF THE PENAL LAW.
  3. "LAW ENFORCEMENT AGENCY HAVING JURISDICTION" MEANS  THE  CHIEF  LAW
ENFORCEMENT  OFFICER  IN  THE VILLAGE, TOWN OR CITY IN WHICH THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PROBATION,
PAROLE OR UPON ANY FORM OF STATE OR LOCAL CONDITIONAL RELEASE.
  4.  "DIVISION"  MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES ESTAB-
LISHED UNDER ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW.
  5. "HOSPITAL" MEANS A  HOSPITAL  AS  DEFINED  IN  SUBDIVISION  TWO  OF
SECTION FOUR HUNDRED OF THIS CHAPTER AND APPLIES TO PERSONS COMMITTED TO
SUCH HOSPITAL BY ORDER OF COMMITMENT MADE PURSUANT TO ARTICLE SIXTEEN OF
THIS CHAPTER.
  6.  "VIOLENT  PREDATOR"  MEANS  A  PERSON  WHO HAS BEEN CONVICTED OF A
VIOLENT FELONY OFFENSE AS DEFINED IN THIS ARTICLE, OR A  VIOLENT  FELONY
OFFENDER  AS  DEFINED  IN  THIS ARTICLE WHO SUFFERS FROM A MENTAL ABNOR-
MALITY THAT MAKES SUCH PERSON LIKELY TO ENGAGE IN VIOLENT CONDUCT.
  7. "MENTAL ABNORMALITY" MEANS A CONGENITAL OR ACQUIRED CONDITION OF  A
PERSON  THAT  AFFECTS THE EMOTIONAL OR VOLITIONAL CAPACITY OF THE PERSON
IN A MANNER THAT PREDISPOSES THAT PERSON TO THE COMMISSION  OF  CRIMINAL
VIOLENT  ACTS  TO  A DEGREE THAT MAKES THE PERSON A MENACE TO THE HEALTH
AND SAFETY OF OTHER PERSONS.
  8. "BOARD" MEANS THE BOARD OF EXAMINERS OF  VIOLENT  FELONY  OFFENDERS
ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTI-
CLE.

S. 3645--D                          3

  9. "LOCAL CORRECTIONAL FACILITY" MEANS A LOCAL  CORRECTIONAL  FACILITY
AS  THAT  TERM  IS DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THIS
CHAPTER.
  S  163. DUTIES OF THE DIVISION; REGISTRATION INFORMATION. 1. THE DIVI-
SION SHALL ESTABLISH AND MAINTAIN A  FILE  OF  INDIVIDUALS  REQUIRED  TO
REGISTER  PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHICH SHALL INCLUDE
THE FOLLOWING INFORMATION OF EACH REGISTRANT:
  (A) THE VIOLENT FELONY OFFENDER'S NAME,  ALL  ALIASES  USED,  DATE  OF
BIRTH,  SEX,  RACE,  HEIGHT, WEIGHT, EYE COLOR, DRIVER'S LICENSE NUMBER,
HOME ADDRESS AND/OR EXPECTED PLACE OF DOMICILE.
  (B) A PHOTOGRAPH AND SET OF FINGERPRINTS.
  (C) A DESCRIPTION OF THE OFFENSE FOR WHICH THE VIOLENT FELONY OFFENDER
WAS CONVICTED, THE DATE OF CONVICTION AND THE SENTENCE IMPOSED.
  (D) ANY OTHER INFORMATION DEEMED PERTINENT BY THE DIVISION.
  2. THE DIVISION IS AUTHORIZED TO MAKE THE REGISTRY  AVAILABLE  TO  ANY
REGIONAL  OR  NATIONAL  REGISTRY  OF  VIOLENT  FELONY  OFFENDERS FOR THE
PURPOSE OF SHARING INFORMATION. THE DIVISION SHALL ACCEPT FILES FROM ANY
REGIONAL OR NATIONAL REGISTRY OF VIOLENT FELONY OFFENDERS AND SHALL MAKE
SUCH FILES AVAILABLE WHEN REQUESTED PURSUANT TO THE PROVISIONS  OF  THIS
ARTICLE.  THE DIVISION SHALL REQUIRE THAT NO INFORMATION INCLUDED IN THE
REGISTRY SHALL BE MADE  AVAILABLE  EXCEPT  IN  THE  FURTHERANCE  OF  THE
PROVISIONS OF THIS ARTICLE.
  3.  THE  DIVISION SHALL DEVELOP A STANDARDIZED REGISTRATION FORM TO BE
MADE AVAILABLE TO THE APPROPRIATE AUTHORITIES AND PROMULGATE  RULES  AND
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  4.  THE  DIVISION SHALL MAIL A NONFORWARDABLE VERIFICATION FORM TO THE
LAST REPORTED ADDRESS OF THE PERSON  FOR  ANNUAL  VERIFICATION  REQUIRE-
MENTS.
  5.  THE  DIVISION  SHALL  ALSO  ESTABLISH  AND OPERATE A 900 NUMBER AS
PROVIDED FOR IN SECTION ONE HUNDRED SIXTY-SEVEN-J OF THIS ARTICLE.
  6. THE DIVISION SHALL ALSO ESTABLISH A VIOLENT  PREDATOR  SUBDIRECTORY
PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-K OF THIS ARTICLE.
  7.  THE  DIVISION  SHALL ALSO ESTABLISH A PUBLIC AWARENESS CAMPAIGN TO
ADVISE THE PUBLIC OF THE PROVISIONS OF THIS ARTICLE.
  S 164. VIOLENT FELONY OFFENDER; RELOCATION; NOTIFICATION.  1.  IN  THE
CASE OF ANY VIOLENT FELONY OFFENDER, IT SHALL BE THE DUTY OF THE DEPART-
MENT, HOSPITAL OR LOCAL CORRECTIONAL FACILITY AT LEAST TEN CALENDAR DAYS
PRIOR  TO THE RELEASE OR DISCHARGE OF ANY VIOLENT FELONY OFFENDER FROM A
CORRECTIONAL FACILITY, HOSPITAL OR LOCAL CORRECTIONAL FACILITY TO NOTIFY
THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  WHERE  APPROPRIATE,  AND
LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER
CONVICTION,  OF  THE  CONTEMPLATED  RELEASE OR DISCHARGE OF SUCH VIOLENT
FELONY OFFENDER, INFORMING SUCH LAW ENFORCEMENT AGENCIES OF THE NAME AND
ALIASES OF THE VIOLENT FELONY OFFENDER, THE ADDRESS AT WHICH HE  OR  SHE
PROPOSES  TO  RESIDE, THE ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME
OF HIS OR HER CONVICTION, THE AMOUNT OF TIME REMAINING TO BE SERVED,  IF
ANY,  ON THE FULL TERM FOR WHICH HE OR SHE WAS SENTENCED, AND THE NATURE
OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED, TRANSMITTING AT THE SAME
TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S  FINGERPRINTS  AND  PHOTO-
GRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH VIOLENT FELO-
NY  OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE, SUCH
NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE  SENT  BY  THE  VIOLENT
FELONY  OFFENDER'S  PAROLE  OFFICER  WITHIN FORTY-EIGHT HOURS TO THE LAW
ENFORCEMENT AGENCY IN WHICH THE NEW PLACE OF RESIDENCE IS LOCATED.
  2. IN THE CASE OF ANY VIOLENT FELONY OFFENDER CONVICTED AND  SENTENCED
TO PROBATION, CONDITIONAL DISCHARGE OR UNCONDITIONAL DISCHARGE, IT SHALL

S. 3645--D                          4

BE THE DUTY OF THE COURT WITHIN TWENTY-FOUR HOURS AFTER SUCH SENTENCE TO
NOTIFY  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, WHERE APPROPRI-
ATE, AND 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  VIOLENT  FELONY
OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIM-
INAL  RECORD. IF SUCH PERSON CHANGES HIS OR HER PLACE OF RESIDENCE WHILE
ON PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT
BY THE VIOLENT FELONY OFFENDER'S PROBATION  OFFICER  WITHIN  FORTY-EIGHT
HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION IN WHICH THE NEW
PLACE OF RESIDENCE IS LOCATED.
  3.  IN  THE  CASE OF ANY VIOLENT FELONY OFFENDER, WHO ON THE EFFECTIVE
DATE OF THIS SUBDIVISION IS ON PAROLE OR PROBATION, IT SHALL BE THE DUTY
OF SUCH VIOLENT FELONY OFFENDER'S PAROLE  OR  PROBATION  OFFICER  WITHIN
FORTY-FIVE  CALENDAR  DAYS  OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO
NOTIFY THE LAW ENFORCEMENT AGENCY HAVING HAD JURISDICTION IN WHICH  SUCH
PERSON  RESIDED  AT THE TIME OF HIS OR HER CONVICTION, IF DIFFERENT FROM
WHERE HE OR SHE CURRENTLY RESIDES  AND/OR  WHERE  HE  OR  SHE  CURRENTLY
RESIDES,  OF  THE  NAME AND ALIASES OF SUCH VIOLENT FELONY OFFENDER, THE
ADDRESS AT WHICH HE OR SHE RESIDED AND/OR AT WHICH HE OR  SHE  CURRENTLY
RESIDES,  THE  AMOUNT  OF  TIME TO BE SERVED ON PAROLE OR PROBATION, THE
NATURE OF THE CRIME FOR WHICH HE OR SHE WAS SENTENCED,  TRANSMITTING  AT
THE  SAME TIME A COPY OF SUCH VIOLENT FELONY OFFENDER'S FINGERPRINTS AND
PHOTOGRAPH AND A SUMMARY OF HIS OR HER CRIMINAL RECORD. IF SUCH  VIOLENT
FELONY OFFENDER CHANGES HIS OR HER PLACE OF RESIDENCE WHILE ON PAROLE OR
PROBATION, SUCH NOTIFICATION OF THE CHANGE OF RESIDENCE SHALL BE SENT BY
THE  VIOLENT FELONY OFFENDER'S PAROLE OR PROBATION OFFICER WITHIN FORTY-
EIGHT HOURS TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION  IN  WHICH
THE NEW PLACE OF RESIDENCE IS LOCATED.
  4.  IN  THE  CASE  IN WHICH ANY VIOLENT FELONY OFFENDER ESCAPES FROM A
STATE OR LOCAL CORRECTIONAL FACILITY OR HOSPITAL, THE  DESIGNATED  OFFI-
CIAL  OF  THE  FACILITY  OR HOSPITAL WHERE THE PERSON WAS CONFINED SHALL
NOTIFY WITHIN TWENTY-FOUR HOURS THE LAW ENFORCEMENT  AGENCY  HAVING  HAD
JURISDICTION  AT  THE  TIME OF HIS OR HER CONVICTION, INFORMING SUCH LAW
ENFORCEMENT AGENCY OF THE NAME  AND  ALIASES  OF  THE  PERSON,  AND  THE
ADDRESS AT WHICH HE OR SHE RESIDED AT THE TIME OF HIS OR HER CONVICTION,
THE  AMOUNT  OF TIME REMAINING TO BE SERVED IF ANY, ON THE FULL TERM FOR
WHICH HE OR SHE WAS SENTENCED, AND THE NATURE OF THE CRIME FOR WHICH  HE
OR  SHE  WAS  SENTENCED,  TRANSMITTING  AT  THE SAME TIME A COPY OF SUCH
VIOLENT FELONY OFFENDER'S FINGERPRINTS AND PHOTOGRAPH AND A  SUMMARY  OF
HIS OR HER CRIMINAL RECORD.
  S 165. DUTIES OF THE COURT. 1. UPON CONVICTION THE COURT SHALL CERTIFY
THAT  THE  PERSON  IS  A  VIOLENT  FELONY OFFENDER AND SHALL INCLUDE THE
CERTIFICATION IN THE ORDER OF COMMITMENT. THE COURT  SHALL  ALSO  ADVISE
THE VIOLENT FELONY OFFENDER OF THE DUTIES OF THIS ARTICLE.
  2.  ANY  VIOLENT  FELONY  OFFENDER,  WHO  IS  RELEASED ON PROBATION OR
DISCHARGED UPON PAYMENT OF A  FINE  SHALL,  PRIOR  TO  SUCH  RELEASE  OR
DISCHARGE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS ARTICLE
BY  THE COURT IN WHICH HE OR SHE WAS CONVICTED. WHERE THE COURT ORDERS A
VIOLENT FELONY OFFENDER RELEASED ON PROBATION, SUCH ORDER MUST INCLUDE A

S. 3645--D                          5

PROVISION REQUIRING THAT HE OR SHE COMPLY WITH THE REQUIREMENTS OF  THIS
ARTICLE.  WHERE  SUCH  VIOLENT  FELONY OFFENDER VIOLATES SUCH PROVISION,
PROBATION MAY BE IMMEDIATELY REVOKED IN THE MANNER PROVIDED  BY  ARTICLE
FOUR  HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. THE COURT SHALL REQUIRE
THE VIOLENT FELONY OFFENDER TO  READ  AND  SIGN  SUCH  FORM  AS  MAY  BE
REQUIRED  BY THE DIVISION STATING THE DUTY TO REGISTER AND THE PROCEDURE
FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER. THE  COURT  SHALL  ON
SUCH  FORM  OBTAIN THE ADDRESS WHERE THE VIOLENT FELONY OFFENDER EXPECTS
TO RESIDE UPON HIS OR HER RELEASE, AND SHALL REPORT THE ADDRESS  TO  THE
DIVISION. THE COURT SHALL GIVE ONE COPY OF THE FORM TO THE VIOLENT FELO-
NY  OFFENDER  AND  SHALL  SEND  TWO  COPIES  TO THE DIVISION WHICH SHALL
FORWARD ONE COPY TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WHERE
THE VIOLENT FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR  HER  RELEASE.
WITHIN  TEN  CALENDAR  DAYS OF BEING RELEASED ON PROBATION OR DISCHARGED
UPON PAYMENT OF A FINE, SUCH VIOLENT FELONY OFFENDER SHALL REGISTER WITH
THE DIVISION FOR PURPOSES OF VERIFYING SUCH  VIOLENT  FELONY  OFFENDER'S
INTENDED  PLACE OF RESIDENCE.  ON EACH ANNIVERSARY OF THE VIOLENT FELONY
OFFENDER'S ORIGINAL REGISTRATION DATE, THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  SIXTY-SEVEN  OF  THIS ARTICLE SHALL APPLY.   THE DIVISION SHALL
ALSO IMMEDIATELY FORWARD THE CONVICTION DATA  AND  FINGERPRINTS  TO  THE
FEDERAL BUREAU OF INVESTIGATION IF NOT ALREADY OBTAINED.
  3.  FOR  VIOLENT  FELONY OFFENDERS UNDER THIS SECTION, IT SHALL BE THE
DUTY OF THE COURT APPLYING THE  GUIDELINES  ESTABLISHED  IN  SUBDIVISION
FIVE  OF  SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE TO DETERMINE
THE DURATION OF REGISTRATION PURSUANT TO SECTION ONE HUNDRED  SIXTY-SEV-
EN-B  OF  THIS  ARTICLE  AND NOTIFICATION PURSUANT TO SUBDIVISION SIX OF
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.  IN MAKING THE DETER-
MINATION, THE COURT SHALL REVIEW ANY VICTIM'S STATEMENT AND ANY  MATERI-
ALS SUBMITTED BY THE VIOLENT FELONY OFFENDER. THE COURT SHALL ALSO ALLOW
THE  VIOLENT  FELONY  OFFENDER  TO  APPEAR  AND BE HEARD, AND INFORM THE
VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO HAVE  COUNSEL  APPOINTED,
IF NECESSARY.
  S  166. DISCHARGE OF VIOLENT FELONY OFFENDER FROM CORRECTIONAL FACILI-
TY; DUTIES OF OFFICIAL IN CHARGE. 1. ANY VIOLENT FELONY OFFENDER, TO  BE
DISCHARGED,  PAROLED  OR  RELEASED  FROM ANY STATE OR LOCAL CORRECTIONAL
FACILITY, HOSPITAL OR INSTITUTION  WHERE  HE  OR  SHE  WAS  CONFINED  OR
COMMITTED,  SHALL  WITHIN  FORTY-FIVE  CALENDAR DAYS PRIOR TO DISCHARGE,
PAROLE OR RELEASE, BE INFORMED OF HIS OR HER DUTY TO REGISTER UNDER THIS
ARTICLE, BY THE FACILITY IN WHICH HE OR SHE WAS CONFINED  OR  COMMITTED.
THE  FACILITY SHALL REQUIRE THE VIOLENT FELONY OFFENDER TO READ AND SIGN
SUCH FORM AS MAY BE REQUIRED BY THE DIVISION STATING THE DUTY TO  REGIS-
TER AND THE PROCEDURE FOR REGISTRATION HAS BEEN EXPLAINED TO HIM OR HER.
THE  FACILITY  SHALL  OBTAIN  ON SUCH FORM THE ADDRESS WHERE THE VIOLENT
FELONY OFFENDER EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE,  PAROLE  OR
RELEASE AND SHALL REPORT THE ADDRESS TO THE DIVISION. THE FACILITY SHALL
GIVE  ONE COPY OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL SEND
TWO COPIES TO THE DIVISION WHICH SHALL  FORWARD  ONE  COPY  TO  THE  LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
EXPECTS TO RESIDE UPON HIS OR HER DISCHARGE, PAROLE OR RELEASE. IN ADDI-
TION,  THE  FACILITY  SHALL  GIVE  THE VIOLENT FELONY OFFENDER A FORM TO
REGISTER WITH THE DIVISION WITHIN TEN  CALENDAR  DAYS  FOR  PURPOSES  OF
VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF RESIDENCE.
  2.  THE  DIVISION  SHALL ALSO IMMEDIATELY TRANSMIT THE CONVICTION DATA
AND FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION, IF NOT  ALREADY
OBTAINED.

S. 3645--D                          6

  S  167.  DUTY  TO  REGISTER.  1.  ANY  VIOLENT FELONY OFFENDER, WHO IS
DISCHARGED, PAROLED OR RELEASED FROM ANY  STATE  OR  LOCAL  CORRECTIONAL
FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE  OR  SHE WAS CONFINED OR
COMMITTED, SHALL REGISTER WITH THE DIVISION WITHIN TEN CALENDAR DAYS FOR
PURPOSES  OF  VERIFYING SUCH VIOLENT FELONY OFFENDER'S INTENDED PLACE OF
RESIDENCE.
  2. FOR A VIOLENT FELONY OFFENDER REQUIRED TO REGISTER UNDER THIS ARTI-
CLE ON EACH ANNIVERSARY OF THE VIOLENT FELONY OFFENDER'S INITIAL  REGIS-
TRATION  DATE DURING THE PERIOD ON WHICH HE OR SHE IS REQUIRED TO REGIS-
TER UNDER THIS SECTION THE FOLLOWING APPLIES:
  (A) THE VIOLENT FELONY OFFENDER SHALL MAIL THE  VERIFICATION  FORM  TO
THE DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM.
  (B) THE VERIFICATION FORM SHALL BE SIGNED BY THE VIOLENT FELONY OFFEN-
DER, AND STATE THAT HE OR SHE STILL RESIDES AT THE ADDRESS LAST REPORTED
TO THE DIVISION.
  (C) IF THE VIOLENT FELONY OFFENDER FAILS TO MAIL THE VERIFICATION FORM
TO  THE  DIVISION WITHIN TEN CALENDAR DAYS AFTER RECEIPT OF THE FORM, HE
OR SHE SHALL BE IN VIOLATION OF THIS SECTION 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 VIOLENT FELONY OFFENDER REQUIRED TO  REGISTER  UNDER  THIS  ARTICLE
EXCEPT  THAT SUCH VIOLENT FELONY OFFENDER DESIGNATED AS A VIOLENT PREDA-
TOR MUST PERSONALLY VERIFY WITH THE LOCAL LAW  ENFORCEMENT  AGENCY,  THE
REGISTRATION  EVERY  NINETY  CALENDAR DAYS AFTER THE DATE OF THE INITIAL
RELEASE OR COMMENCEMENT OF PAROLE.
  4. ANY VIOLENT FELONY OFFENDER SHALL REGISTER WITH THE DIVISION WITHIN
TEN CALENDAR DAYS PRIOR TO ANY CHANGE OF ADDRESS. THE DIVISION SHALL, IF
THE VIOLENT FELONY OFFENDER CHANGES RESIDENCE TO ANOTHER  STATE,  NOTIFY
THE  APPROPRIATE  STATE  LAW  ENFORCEMENT  AGENCY WITH WHICH THE VIOLENT
FELONY OFFENDER MUST REGISTER IN THE NEW STATE. IF ANY  PERSON  REQUIRED
TO  REGISTER  AS  PROVIDED IN THIS ARTICLE CHANGES THE ADDRESS OF HIS OR
HER RESIDENCE, THE VIOLENT FELONY OFFENDER  SHALL  WITHIN  TEN  CALENDAR
DAYS, INFORM IN WRITING THE LAW ENFORCEMENT AGENCY WHERE LAST REGISTERED
OF  THE  NEW  ADDRESS.  THE  LAW  ENFORCEMENT AGENCY SHALL, WITHIN THREE
CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS, FORWARD THIS INFORMATION TO
THE DIVISION AND TO THE LAW ENFORCEMENT AGENCY  HAVING  JURISDICTION  IN
THE NEW PLACE OF RESIDENCE.
  5. THE DUTY TO REGISTER UNDER THE PROVISIONS OF THIS ARTICLE SHALL NOT
BE  APPLICABLE  TO  ANY  VIOLENT  FELONY  OFFENDER  WHOSE CONVICTION WAS
REVERSED UPON APPEAL OR WHO WAS PARDONED BY THE GOVERNOR.
  S 167-A. PRIOR CONVICTIONS; DUTY TO  INFORM  AND  REGISTER.  1.    THE
DEPARTMENT  OR  THE  PROBATION DEPARTMENT SUPERVISING THE VIOLENT FELONY
OFFENDER OR DEPARTMENT OF PROBATION  AND  CORRECTIONAL  ALTERNATIVES  IN
ACCORDANCE  WITH RISK FACTORS PURSUANT TO SECTION ONE HUNDRED SIXTY-SEV-
EN-F OF THIS ARTICLE SHALL DETERMINE THE DURATION OF REGISTRATION PURSU-
ANT TO SECTION ONE HUNDRED SIXTY-SEVEN-B OF THIS ARTICLE  AND  NOTIFICA-
TION FOR EVERY VIOLENT FELONY OFFENDER WHO ON THE EFFECTIVE DATE OF THIS
ARTICLE  IS  THEN ON PAROLE OR PROBATION FOR COMMITTING A VIOLENT FELONY
OFFENSE OR A CLASS A OFFENSE DEFINED IN THE PENAL LAW EXCEPT FOR A CLASS
A OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW.
  2. EVERY VIOLENT FELONY OFFENDER WHO ON THE  EFFECTIVE  DATE  OF  THIS
ARTICLE  IS  THEN  ON  PAROLE  OR PROBATION FOR A VIOLENT FELONY OFFENSE
SHALL WITHIN TEN CALENDAR DAYS OF SUCH DETERMINATION REGISTER  WITH  HIS
OR  HER  PAROLE OR PROBATION OFFICER. ON EACH ANNIVERSARY OF THE VIOLENT
FELONY OFFENDER'S INITIAL REGISTRATION DATE THEREAFTER,  THE  PROVISIONS
OF  SECTION  ONE  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE SHALL APPLY. ANY

S. 3645--D                          7

VIOLENT FELONY OFFENDER WHO FAILS OR  REFUSES  TO  SO  COMPLY  SHALL  BE
SUBJECT  TO THE SAME PENALTIES AS OTHERWISE PROVIDED FOR IN THIS ARTICLE
WHICH WOULD BE IMPOSED UPON A  VIOLENT  FELONY  OFFENDER  WHO  FAILS  OR
REFUSES  TO  SO  COMPLY  WITH THE PROVISIONS OF THIS ARTICLE ON OR AFTER
SUCH EFFECTIVE DATE.
  3. IT SHALL BE THE DUTY OF THE PAROLE OR PROBATION OFFICER  TO  INFORM
AND  REGISTER SUCH VIOLENT FELONY OFFENDER ACCORDING TO THE REQUIREMENTS
IMPOSED BY THIS ARTICLE. A PAROLE OR PROBATION OFFICER  SHALL  GIVE  ONE
COPY  OF THE FORM TO THE VIOLENT FELONY OFFENDER AND SHALL, WITHIN THREE
CALENDAR DAYS, SEND TWO COPIES ELECTRONICALLY OR OTHERWISE TO THE  DIVI-
SION WHICH SHALL FORWARD ONE COPY ELECTRONICALLY OR OTHERWISE TO THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE VIOLENT FELONY OFFENDER
RESIDES  UPON HIS OR HER PAROLE, PROBATION, OR UPON ANY FORM OF STATE OR
LOCAL CONDITIONAL RELEASE.
  4. A PETITION FOR RELIEF FROM THIS SECTION IS PERMITTED TO ANY VIOLENT
FELONY OFFENDER  REQUIRED  TO  REGISTER  WHILE  RELEASED  ON  PAROLE  OR
PROBATION PURSUANT TO SECTION ONE HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE.
  S  167-B. DURATION OF REGISTRATION. THE DURATION OF REGISTRATION FOR A
VIOLENT FELONY OFFENDER SHALL BE ANNUALLY FOR A PERIOD OF TEN YEARS FROM
THE INITIAL DATE OF REGISTRATION, PROVIDED, HOWEVER, THAT FOR A  VIOLENT
PREDATOR,  SHALL ANNUALLY REGISTER AND VERIFY QUARTERLY FOR A MINIMUM OF
TEN YEARS UNLESS THE COURT DETERMINES IN  ACCORDANCE  WITH  SECTION  ONE
HUNDRED SIXTY-SEVEN-I OF THIS ARTICLE, THAT THE PERSON NO LONGER SUFFERS
FROM A MENTAL ABNORMALITY THAT WOULD MAKE HIM OR HER LIKELY TO ENGAGE IN
A PREDATORY VIOLENT OFFENSE.
  S  167-C.  REGISTRATION REQUIREMENTS. REGISTRATION AS REQUIRED BY THIS
ARTICLE SHALL CONSIST OF A STATEMENT IN WRITING SIGNED  BY  THE  VIOLENT
FELONY  OFFENDER GIVING THE INFORMATION THAT IS REQUIRED BY THE DIVISION
AND THE DIVISION SHALL ENTER THE INFORMATION INTO AN  APPROPRIATE  ELEC-
TRONIC DATABASE OR FILE.
  S  167-D.  NOTIFICATION OF LOCAL LAW ENFORCEMENT AGENCIES OF CHANGE OF
ADDRESS. 1. UPON RECEIPT OF A CHANGE OF  ADDRESS  BY  A  VIOLENT  FELONY
OFFENDER REQUIRED TO REGISTER UNDER THIS ARTICLE, THE LOCAL LAW ENFORCE-
MENT  AGENCY  WHERE  THE  VIOLENT  FELONY OFFENDER LAST REGISTERED SHALL
WITHIN THREE CALENDAR DAYS OF RECEIPT OF THE NEW ADDRESS,  FORWARD  THIS
INFORMATION  TO  THE  DIVISION  AND  TO THE LOCAL LAW ENFORCEMENT AGENCY
HAVING JURISDICTION OF THE NEW PLACE OF RESIDENCE.
  2. A CHANGE OF ADDRESS BY A VIOLENT FELONY OFFENDER REQUIRED TO REGIS-
TER UNDER THIS ARTICLE SHALL BE IMMEDIATELY REPORTED BY THE DIVISION  TO
THE  APPROPRIATE  LAW  ENFORCEMENT  AGENCY HAVING JURISDICTION WHERE THE
VIOLENT FELONY OFFENDER IS RESIDING.
  3. UPON RECEIPT OF  CHANGE  OF  ADDRESS  INFORMATION,  THE  LOCAL  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION  OF THE NEW PLACE OF RESIDENCE
SHALL ADHERE TO THE NOTIFICATION PROVISIONS SET FORTH IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  S 167-E. REGISTRATION FOR CHANGE OF  ADDRESS  FROM  ANOTHER  STATE.  A
VIOLENT  FELONY  OFFENDER  WHO  HAS  BEEN  CONVICTED OF AN OFFENSE WHICH
REQUIRES REGISTRATION UNDER SECTION ONE HUNDRED  SIXTY-SEVEN-C  OF  THIS
ARTICLE  SHALL  REGISTER THE NEW ADDRESS WITH THE DIVISION NO LATER THAN
TEN CALENDAR DAYS AFTER SUCH VIOLENT FELONY OFFENDER  ESTABLISHES  RESI-
DENCE  IN  THIS STATE. THE DIVISION SHALL COORDINATE WITH THE DESIGNATED
LAW ENFORCEMENT AGENCY OF THE STATE OF WHICH THE INDIVIDUAL DEPARTED  ON
INFORMATION RELEVANT TO THE DURATION OF REGISTRATION.
  S  167-F.  BOARD  OF  EXAMINERS  OF VIOLENT FELONY OFFENDERS. 1. THERE
SHALL BE A BOARD OF EXAMINERS OF VIOLENT FELONY  OFFENDERS  WHICH  SHALL
POSSESS  THE  POWERS  AND  DUTIES SPECIFIED IN THIS SECTION.  SUCH BOARD

S. 3645--D                          8

SHALL CONSIST OF FIVE MEMBERS OF THE DEPARTMENT WHO SHALL  BE  APPOINTED
BY  THE  GOVERNOR,  THREE  OF  WHOM SHALL BE EXPERTS IN THE FIELD OF THE
BEHAVIOR AND TREATMENT OF VIOLENT FELONY OFFENDERS.  THE TERM OF  OFFICE
OF  EACH MEMBER OF SUCH BOARD SHALL BE FOR SIX YEARS; PROVIDED, HOWEVER,
THAT ANY MEMBER CHOSEN TO FILL A VACANCY  OCCURRING  OTHERWISE  THAN  BY
EXPIRATION OF TERM SHALL BE APPOINTED FOR THE REMAINDER OF THE UNEXPIRED
TERM  OF  THE  MEMBER  WHOM HE OR SHE IS TO SUCCEED. IN THE EVENT OF THE
INABILITY TO ACT OF ANY MEMBER, THE GOVERNOR MAY APPOINT SOME  COMPETENT
INFORMED  PERSON  TO  ACT  IN HIS OR HER STEAD DURING THE CONTINUANCE OF
SUCH DISABILITY.
  2. THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS  OF  THE  BOARD  AS
CHAIRMAN  TO  SERVE  IN SUCH CAPACITY AT THE PLEASURE OF THE GOVERNOR OR
UNTIL THE MEMBER'S TERM OF OFFICE EXPIRES AND A SUCCESSOR IS  DESIGNATED
IN ACCORDANCE WITH LAW, WHICHEVER FIRST OCCURS.
  3.  ANY  MEMBER  OF THE BOARD MAY BE REMOVED BY THE GOVERNOR FOR CAUSE
AFTER AN OPPORTUNITY TO BE HEARD.
  4. EXCEPT AS OTHERWISE PROVIDED BY LAW, A MAJORITY OF THE BOARD  SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF ALL BUSINESS OF THE BOARD.
  5.  THE  BOARD  SHALL  DEVELOP GUIDELINES AND PROCEDURES TO ASSESS THE
RISK OF A REPEAT OFFENSE BY SUCH VIOLENT FELONY OFFENDER AND THE  THREAT
POSED TO THE PUBLIC SAFETY. SUCH GUIDELINES SHALL BE BASED UPON, BUT NOT
LIMITED TO, THE FOLLOWING:
  (A)  CRIMINAL  HISTORY  FACTORS  INDICATIVE  OF  HIGH  RISK  OF REPEAT
OFFENSE, INCLUDING: (I) WHETHER THE VIOLENT FELONY OFFENDER HAS A MENTAL
ABNORMALITY;
  (II) WHETHER THE VIOLENT FELONY OFFENDER'S CONDUCT  WAS  FOUND  TO  BE
CHARACTERIZED  BY  REPETITIVE  AND  COMPULSIVE BEHAVIOR, ASSOCIATED WITH
DRUGS OR ALCOHOL;
  (III) WHETHER THE VIOLENT FELONY OFFENDER SERVED THE MAXIMUM TERM;
  (IV) WHETHER THE VIOLENT FELONY OFFENDER COMMITTED THE VIOLENT  FELONY
OFFENSE AGAINST A CHILD;
  (V)  THE AGE OF THE VIOLENT FELONY OFFENDER AT THE TIME OF THE COMMIS-
SION OF THE FIRST VIOLENT OFFENSE;
  (B) OTHER CRIMINAL HISTORY FACTORS TO  BE  CONSIDERED  IN  DETERMINING
RISK, INCLUDING:
  (I)  THE  RELATIONSHIP  BETWEEN  SUCH  VIOLENT FELONY OFFENDER AND THE
VICTIM;
  (II) WHETHER THE OFFENSE INVOLVED THE USE OF  A  WEAPON,  VIOLENCE  OR
INFLICTION OF SERIOUS BODILY INJURY;
  (III) THE NUMBER, DATE AND NATURE OF PRIOR OFFENSES;
  (C)  CONDITIONS OF RELEASE THAT MINIMIZE RISK OF RE-OFFENSE, INCLUDING
BUT NOT LIMITED TO WHETHER THE VIOLENT FELONY OFFENDER IS  UNDER  SUPER-
VISION;  RECEIVING  COUNSELING,  THERAPY  OR TREATMENT; OR RESIDING IN A
HOME SITUATION THAT PROVIDES GUIDANCE AND SUPERVISION;
  (D) PHYSICAL CONDITIONS THAT MINIMIZE RISK  OF  RE-OFFENSE,  INCLUDING
BUT NOT LIMITED TO ADVANCED AGE OR DEBILITATING ILLNESS;
  (E)  WHETHER  PSYCHOLOGICAL OR PSYCHIATRIC PROFILES INDICATE A RISK OF
RECIDIVISM;
  (F) THE VIOLENT FELONY OFFENDER'S RESPONSE TO TREATMENT;
  (G) RECENT BEHAVIOR, INCLUDING BEHAVIOR WHILE CONFINED;
  (H) RECENT THREATS OR  GESTURES  AGAINST  PERSONS  OR  EXPRESSIONS  OF
INTENT TO COMMIT ADDITIONAL OFFENSES; AND
  (I) REVIEW OF ANY VICTIM IMPACT STATEMENT.
  6.  APPLYING  THESE  GUIDELINES, THE BOARD SHALL WITHIN SIXTY CALENDAR
DAYS PRIOR TO THE DISCHARGE, PAROLE  OR  RELEASE  OF  A  VIOLENT  FELONY
OFFENDER MAKE A RECOMMENDATION WHICH SHALL BE CONFIDENTIAL AND SHALL NOT

S. 3645--D                          9

BE AVAILABLE FOR PUBLIC INSPECTION, TO THE SENTENCING COURT AS TO WHETH-
ER  SUCH  VIOLENT  FELONY  OFFENDER  WARRANTS THE DESIGNATION OF VIOLENT
PREDATOR. IN ADDITION, THE GUIDELINES SHALL BE APPLIED BY THE  BOARD  TO
MAKE  A RECOMMENDATION TO THE SENTENCING COURT, PROVIDING FOR ONE OF THE
FOLLOWING  THREE  LEVELS  OF  NOTIFICATION  NOTWITHSTANDING  ANY   OTHER
PROVISION  OF LAW DEPENDING UPON THE DEGREE OF THE RISK OF RE-OFFENSE BY
THE VIOLENT FELONY OFFENDER.
  (A) IF THE RISK OF REPEAT OFFENSE IS  LOW,  A  LEVEL  ONE  DESIGNATION
SHALL  BE  GIVEN  TO  SUCH VIOLENT FELONY OFFENDER. IN SUCH CASE THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION AND THE  LAW  ENFORCEMENT  AGENCY
HAVING  HAD  JURISDICTION  AT THE TIME OF HIS OR HER CONVICTION SHALL BE
NOTIFIED PURSUANT TO THIS ARTICLE.
  (B) IF THE RISK OF REPEAT OFFENSE IS MODERATE, A LEVEL TWO DESIGNATION
SHALL BE GIVEN TO SUCH VIOLENT FELONY OFFENDER. IN  SUCH  CASE  THE  LAW
ENFORCEMENT  AGENCY  HAVING  JURISDICTION AND THE LAW ENFORCEMENT AGENCY
HAVING HAD JURISDICTION AT THE TIME OF HIS OR HER  CONVICTION  SHALL  BE
NOTIFIED  AND  MAY  DISSEMINATE  RELEVANT  INFORMATION WHICH MAY INCLUDE
APPROXIMATE ADDRESS BASED ON  VIOLENT  FELONY  OFFENDER'S  ZIP  CODE,  A
PHOTOGRAPH   OF  THE  OFFENDER,  BACKGROUND  INFORMATION  INCLUDING  THE
OFFENDER'S CRIME OF CONVICTION,  MODUS  OF  OPERATION,  TYPE  OF  VICTIM
TARGETED AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON THE OFFEN-
DER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE NATURE OF
THE OFFENSE COMMITTED  BY  SUCH  VIOLENT  FELONY  OFFENDER.  ANY  ENTITY
RECEIVING  INFORMATION  ON  A  VIOLENT  FELONY  OFFENDER MAY DISCLOSE OR
FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION.
  (C) IF THE RISK OF REPEAT OFFENSE IS HIGH AND THERE EXISTS A THREAT TO
THE PUBLIC SAFETY, SUCH  VIOLENT  FELONY  OFFENDER  SHALL  BE  DEEMED  A
"VIOLENT  PREDATOR" AND A LEVEL THREE DESIGNATION SHALL BE GIVEN TO SUCH
VIOLENT FELONY OFFENDER. IN SUCH CASE, THE LAW ENFORCEMENT AGENCY HAVING
JURISDICTION AND THE LAW ENFORCEMENT AGENCY HAVING HAD  JURISDICTION  AT
THE  TIME OF HIS OR HER CONVICTION SHALL BE NOTIFIED AND MAY DISSEMINATE
RELEVANT INFORMATION WHICH MAY INCLUDE  THE  VIOLENT  FELONY  OFFENDER'S
EXACT  ADDRESS,  A  PHOTOGRAPH  OF  THE OFFENDER, BACKGROUND INFORMATION
INCLUDING THE OFFENDER'S CRIME OF CONVICTION, MODUS OF  OPERATION,  TYPE
OF VICTIM TARGETED, AND THE DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON
THE  OFFENDER  TO  ANY ENTITY WITH VULNERABLE POPULATIONS RELATED TO THE
NATURE OF THE OFFENSE COMMITTED BY SUCH VIOLENT FELONY OFFENDERS.
  ANY ENTITY RECEIVING INFORMATION ON  A  VIOLENT  FELONY  OFFENDER  MAY
DISCLOSE OR FURTHER DISSEMINATE SUCH INFORMATION AT THEIR DISCRETION. IN
ADDITION,  IN SUCH CASE, THE INFORMATION DESCRIBED IN THIS SECTION SHALL
ALSO BE PROVIDED IN THE SUBDIRECTORY ESTABLISHED  IN  THIS  ARTICLE  AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, SUCH INFORMATION SHALL, UPON
REQUEST, BE MADE AVAILABLE TO THE PUBLIC.
  7.  UPON  REQUEST  BY  THE  COURT,  PURSUANT  TO  SECTION  ONE HUNDRED
SIXTY-SEVEN-I OF THIS ARTICLE, THE BOARD SHALL PROVIDE AN UPDATED REPORT
PERTAINING TO THE VIOLENT FELONY OFFENDER PETITIONING RELIEF OF DUTY  TO
REGISTER.
  S  167-G.  REVIEW.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE
CONTRARY, ANY STATE OR LOCAL CORRECTIONAL FACILITY, HOSPITAL OR INSTITU-
TION SHALL FORWARD RELEVANT INFORMATION PERTAINING TO A  VIOLENT  FELONY
OFFENDER  TO  BE DISCHARGED, PAROLED OR RELEASED TO THE BOARD FOR REVIEW
NO LATER THAN ONE HUNDRED TWENTY DAYS PRIOR TO THE RELEASE OR  DISCHARGE
AND  THE BOARD SHALL MAKE RECOMMENDATIONS AS PROVIDED IN SUBDIVISION SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE WITHIN  SIXTY  DAYS
OF  RECEIPT  OF  THE INFORMATION. INFORMATION MAY INCLUDE BUT MAY NOT BE
LIMITED TO THE COMMITMENT FILE, MEDICAL FILE AND TREATMENT FILE PERTAIN-

S. 3645--D                         10

ING TO SUCH PERSON. SUCH PERSON SHALL BE  PERMITTED  TO  SUBMIT  TO  THE
BOARD ANY INFORMATION RELEVANT TO THE REVIEW.
  S  167-H.  JUDICIAL DETERMINATION. 1. A DETERMINATION THAT AN OFFENDER
IS A VIOLENT FELONY OFFENDER OR A VIOLENT PREDATOR SHALL BE  MADE  PRIOR
TO  THE  DISCHARGE, PAROLE OR RELEASE OF SUCH OFFENDER BY THE SENTENCING
COURT AFTER RECEIVING  A  RECOMMENDATION  FROM  THE  BOARD  PURSUANT  TO
SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE.
  2.  IN  ADDITION, THE SENTENCING COURT SHALL ALSO MAKE A DETERMINATION
WITH RESPECT TO THE LEVEL OF NOTIFICATION, AFTER RECEIVING A RECOMMENDA-
TION FROM THE BOARD PURSUANT TO SECTION  ONE  HUNDRED  SIXTY-SEVEN-F  OF
THIS  ARTICLE. BOTH DETERMINATIONS OF THE SENTENCING COURT SHALL BE MADE
THIRTY CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE OR RELEASE.
  3. IN MAKING THE DETERMINATION, THE COURT SHALL  REVIEW  ANY  VICTIM'S
STATEMENT  AND  ANY  MATERIALS SUBMITTED BY THE VIOLENT FELONY OFFENDER.
THE COURT SHALL ALSO ALLOW THE VIOLENT FELONY OFFENDER TO APPEAR AND  BE
HEARD,  AND  INFORM  THE  VIOLENT FELONY OFFENDER OF HIS OR HER RIGHT TO
HAVE COUNSEL APPOINTED, IF NECESSARY.
  4. UPON DETERMINATION THAT THE RISK OF REPEAT OFFENSE  AND  THREAT  TO
PUBLIC  SAFETY IS HIGH, THE SENTENCING COURT SHALL ALSO NOTIFY THE DIVI-
SION OF SUCH FACT FOR THE PURPOSES OF SECTION ONE HUNDRED  SIXTY-SEVEN-K
OF THIS ARTICLE.
  5.  UPON  THE  REVERSAL OF A CONVICTION OF THE VIOLENT FELONY OFFENSE,
THE COURT SHALL ORDER THE EXPUNGEMENT OF ANY RECORDS REQUIRED TO BE KEPT
PURSUANT TO THIS SECTION.
  S 167-I. PETITION FOR RELIEF. ANY VIOLENT FELONY OFFENDER REQUIRED  TO
REGISTER PURSUANT TO THIS ARTICLE MAY BE RELIEVED OF ANY FURTHER DUTY TO
REGISTER  UPON  THE  GRANTING OF A PETITION FOR RELIEF BY THE SENTENCING
COURT. UPON RECEIPT OF THE PETITION FOR RELIEF, THE COURT  SHALL  NOTIFY
THE BOARD AND REQUEST AN UPDATED REPORT PERTAINING TO THE VIOLENT FELONY
OFFENDER. AFTER RECEIVING THE REPORT FROM THE BOARD, THE COURT MAY GRANT
OR  DENY  THE RELIEF SOUGHT. THE COURT MAY CONSULT WITH THE VICTIM PRIOR
TO MAKING A DETERMINATION ON THE PETITION. SUCH  PETITION,  IF  GRANTED,
SHALL  NOT  RELIEVE  THE  PETITIONER OF THE DUTY TO REGISTER PURSUANT TO
THIS ARTICLE UPON CONVICTION OF ANY OFFENSE  REQUIRING  REGISTRATION  IN
THE FUTURE.
  S  167-J.  SPECIAL  "900" TELEPHONE NUMBER. 1. PURSUANT TO SECTION ONE
HUNDRED SIXTY-THREE OF 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 ASCERTAIN WHETHER A NAMED  PERSON  REASON-
ABLY  APPEARS  TO  BE A PERSON SO LISTED AND PROVIDE THE CALLER WITH THE
RELEVANT INFORMATION ACCORDING TO RISK AS DESCRIBED IN  SUBDIVISION  SIX
OF SECTION ONE HUNDRED SIXTY-SEVEN-F OF THIS ARTICLE. THE DIVISION SHALL
DECIDE  WHETHER THE NAMED PERSON REASONABLY APPEARS TO BE A PERSON LIST-
ED, 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  CHARACTERISTICS  SHALL  BE
PROVIDED.  ANY  INFORMATION  IDENTIFYING THE VICTIM BY NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE  PERSON  LISTED  BY  THE  DIVISION  SHALL  BE
EXCLUDED BY THE DIVISION.

S. 3645--D                         11

  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
  (F)  A  SUMMARY  OF  THE SUCCESS OF THE "900" TELEPHONE NUMBER PROGRAM
BASED UPON SELECTED FACTORS.
  S 167-K. VIOLENT PREDATOR SUBDIRECTORY. 1. THE DIVISION SHALL MAINTAIN
A SUBDIRECTORY OF VIOLENT PREDATORS. THE SUBDIRECTORY SHALL INCLUDE  THE
EXACT  ADDRESS  AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG WITH
THE FOLLOWING INFORMATION, IF AVAILABLE: NAME, PHYSICAL DESCRIPTION, AGE
AND DISTINCTIVE MARKINGS. BACKGROUND INFORMATION INCLUDING  THE  VIOLENT
FELONY  OFFENDER'S  CRIME  OF  CONVICTION,  MODUS  OF OPERATION, TYPE OF
VICTIM TARGETED, AND A DESCRIPTION OF SPECIAL CONDITIONS IMPOSED ON  THE
VIOLENT  FELONY  OFFENDER SHALL ALSO BE INCLUDED. THE SUBDIRECTORY SHALL
HAVE VIOLENT FELONY OFFENDER LISTINGS  CATEGORIZED  BY  COUNTY  AND  ZIP
CODE.  A  COPY  OF THE SUBDIRECTORY SHALL ANNUALLY BE DISTRIBUTED TO THE

S. 3645--D                         12

OFFICES OF LOCAL VILLAGE, TOWN OR CITY POLICE DEPARTMENTS  FOR  PURPOSES
OF  PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A PERSON IN WRIT-
ING EXPRESS A PURPOSE IN ORDER TO HAVE ACCESS TO  THE  SUBDIRECTORY  AND
SUCH DEPARTMENT SHALL MAINTAIN THESE REQUESTS. ANY INFORMATION IDENTIFY-
ING  THE  VICTIM BY NAME, BIRTH DATE, ADDRESS OR RELATION TO THE VIOLENT
FELONY OFFENDER SHALL BE EXCLUDED FROM THE SUBDIRECTORY DISTRIBUTED  FOR
PURPOSES OF PUBLIC ACCESS. THE SUBDIRECTORY PROVIDED FOR IN THIS SECTION
SHALL  BE UPDATED PERIODICALLY TO MAINTAIN ITS EFFICIENCY AND USEFULNESS
AND MAY BE COMPUTER ACCESSIBLE.
  2. ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS  SECTION
IN  VIOLATION  OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY OR FINE
IMPOSED, BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS  AND
NOT  MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR DUPLICATION
OF THE SUBDIRECTORY FROM THE OFFICES OF LOCAL, VILLAGE  OR  CITY  POLICE
DEPARTMENT  SHALL  BE  PUNISHABLE  BY  A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS. IN ADDITION, THE ATTORNEY GENERAL, ANY  DISTRICT  ATTORNEY,  OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE  COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION FOR
A PERMANENT OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR  OTHER  ORDER
AGAINST  THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION. THE
FOREGOING REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR  PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S  167-L. IMMUNITY FROM LIABILITY. 1. NO OFFICIAL, EMPLOYEE OR AGENCY,
WHETHER PUBLIC OR PRIVATE, SHALL BE SUBJECT TO  ANY  CIVIL  OR  CRIMINAL
LIABILITY FOR DAMAGES FOR ANY DISCRETIONARY DECISION TO RELEASE RELEVANT
AND  NECESSARY INFORMATION PURSUANT TO THIS SECTION, PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD  FAITH.  THE  IMMUNITY  PROVIDED  UNDER THIS SECTION APPLIES TO THE
RELEASE OF RELEVANT INFORMATION TO OTHER EMPLOYEES OR  OFFICIALS  OR  TO
THE GENERAL PUBLIC.
  2.  NOTHING  IN  THIS  SECTION  SHALL BE DEEMED TO IMPOSE ANY CIVIL OR
CRIMINAL LIABILITY UPON OR TO GIVE RISE TO A CAUSE OF ACTION AGAINST ANY
OFFICIAL, EMPLOYEE OR AGENCY, WHETHER PUBLIC OR PRIVATE, FOR FAILING  TO
RELEASE  INFORMATION  AS  AUTHORIZED IN THIS SECTION PROVIDED THAT IT IS
SHOWN THAT SUCH OFFICIAL, EMPLOYEE OR AGENCY  ACTED  REASONABLY  AND  IN
GOOD FAITH.
  S 167-M. ANNUAL REPORT. THE DIVISION SHALL ON OR BEFORE FEBRUARY FIRST
IN  EACH  YEAR  FILE  A  REPORT  WITH  THE GOVERNOR, AND THE LEGISLATURE
DETAILING THE PROGRAM, COMPLIANCE WITH PROVISIONS OF  THIS  ARTICLE  AND
EFFECTIVENESS  OF  THE  PROVISIONS  OF  THIS  ARTICLE, TOGETHER WITH ANY
RECOMMENDATIONS TO FURTHER ENHANCE THE INTENT OF THIS ARTICLE.
  S 167-N. FAILURE TO REGISTER; PENALTY. ANY PERSON REQUIRED TO REGISTER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE WHO FAILS TO REGISTER IN  THE
MANNER AND WITHIN THE TIME PERIODS PROVIDED FOR IN THIS ARTICLE SHALL BE
GUILTY  OF A CLASS A MISDEMEANOR FOR 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 167-O. UNAUTHORIZED RELEASE OF INFORMATION. THE UNAUTHORIZED RELEASE
OF ANY INFORMATION REQUIRED BY THIS ARTICLE SHALL BE A CLASS B MISDEMEA-
NOR.
  S 167-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
PART  OF  THIS ACT SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDIC-
TION TO BE INVALID AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL  REVIEW,
THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THERE-

S. 3645--D                         13

OF,  BUT  SHALL  BE  CONFINED  IN ITS OPERATION TO THE CLAUSE, SENTENCE,
PARAGRAPH, SECTION OR PART OF THIS ACT DIRECTLY INVOLVED IN THE  CONTRO-
VERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN RENDERED.
  S  167-Q.  SUBDIRECTORY; INTERNET POSTING. 1. THE DIVISION SHALL MAIN-
TAIN A SUBDIRECTORY OF LEVEL TWO AND THREE VIOLENT FELONY OFFENDERS. THE
SUBDIRECTORY SHALL INCLUDE THE EXACT ADDRESS, ADDRESS OF THE  OFFENDER'S
PLACE  OF EMPLOYMENT AND PHOTOGRAPH OF THE VIOLENT FELONY OFFENDER ALONG
WITH  THE  FOLLOWING   INFORMATION,   IF   AVAILABLE:   NAME,   PHYSICAL
DESCRIPTION,   AGE  AND  DISTINCTIVE  MARKINGS.  BACKGROUND  INFORMATION
INCLUDING THE VIOLENT FELONY OFFENDER'S CRIME OF  CONVICTION,  MODUS  OF
OPERATION, TYPE OF VICTIM TARGETED, THE NAME AND ADDRESS OF ANY INSTITU-
TION  OF  HIGHER  EDUCATION  AT  WHICH  THE  VIOLENT  FELONY OFFENDER IS
ENROLLED, ATTENDS, IS EMPLOYED OR RESIDES AND A DESCRIPTION  OF  SPECIAL
CONDITIONS  IMPOSED  ON  THE  VIOLENT  FELONY  OFFENDER  SHALL  ALSO  BE
INCLUDED. THE SUBDIRECTORY SHALL HAVE VIOLENT FELONY  OFFENDER  LISTINGS
CATEGORIZED  BY  COUNTY  AND  ZIP CODE. A COPY OF THE SUBDIRECTORY SHALL
ANNUALLY BE DISTRIBUTED TO THE OFFICES OF  LOCAL  VILLAGE,  TOWN,  CITY,
COUNTY  OR STATE LAW ENFORCEMENT AGENCIES FOR PURPOSES OF PUBLIC ACCESS.
THE DIVISION SHALL DISTRIBUTE MONTHLY UPDATES TO THE  OFFICES  OF  LOCAL
VILLAGE,  TOWN,  CITY,  COUNTY  OR  STATE  LAW  ENFORCEMENT AGENCIES FOR
PURPOSES OF PUBLIC ACCESS. SUCH DEPARTMENTS SHALL REQUIRE THAT A  PERSON
IN WRITING PROVIDE THEIR NAME AND ADDRESS PRIOR TO VIEWING THE SUBDIREC-
TORY.  ANY  INFORMATION  IDENTIFYING  THE  VICTIM  BY  NAME, BIRTH DATE,
ADDRESS OR RELATION TO THE VIOLENT FELONY  OFFENDER  SHALL  BE  EXCLUDED
FROM  THE  SUBDIRECTORY  DISTRIBUTED  FOR PURPOSES OF PUBLIC ACCESS. THE
SUBDIRECTORY PROVIDED FOR HEREIN SHALL BE UPDATED  MONTHLY  TO  MAINTAIN
ITS  EFFICIENCY  AND  USEFULNESS AND SHALL BE COMPUTER ACCESSIBLE.  SUCH
SUBDIRECTORY SHALL BE MADE AVAILABLE AT ALL TIMES ON  THE  INTERNET  VIA
THE  DIVISION  HOMEPAGE. ANY PERSON MAY APPLY TO THE DIVISION TO RECEIVE
AUTOMATED E-MAIL NOTIFICATIONS WHENEVER A NEW  OR  UPDATED  SUBDIRECTORY
REGISTRATION  OCCURS  IN A GEOGRAPHIC AREA SPECIFIED BY SUCH PERSON. THE
DIVISION SHALL FURNISH SUCH SERVICE AT NO CHARGE  TO  SUCH  PERSON,  WHO
SHALL  REQUEST  E-MAIL  NOTIFICATION  BY COUNTY AND/OR ZIP CODE ON FORMS
DEVELOPED AND PROVIDED BY THE DIVISION. E-MAIL NOTIFICATION  IS  LIMITED
TO THREE GEOGRAPHIC AREAS PER E-MAIL ACCOUNT.
  2.  ANY PERSON WHO USES INFORMATION DISCLOSED PURSUANT TO THIS SECTION
IN VIOLATION OF THE LAW SHALL IN ADDITION TO ANY OTHER PENALTY  OR  FINE
IMPOSED,  BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS AND
NOT MORE THAN ONE THOUSAND DOLLARS. UNAUTHORIZED REMOVAL OR  DUPLICATION
OF  THE  SUBDIRECTORY  FROM THE OFFICES OF LOCAL, VILLAGE OR CITY POLICE
DEPARTMENT SHALL BE PUNISHABLE BY A FINE  NOT  TO  EXCEED  ONE  THOUSAND
DOLLARS.  IN  ADDITION,  THE ATTORNEY GENERAL, ANY DISTRICT ATTORNEY, OR
ANY PERSON AGGRIEVED IS AUTHORIZED TO BRING A CIVIL ACTION IN THE APPRO-
PRIATE COURT REQUESTING PREVENTIVE RELIEF, INCLUDING AN APPLICATION  FOR
A  PERMANENT  OR TEMPORARY INJUNCTION, RESTRAINING ORDER, OR OTHER ORDER
AGAINST THE PERSON OR GROUP OF PERSONS RESPONSIBLE FOR SUCH ACTION.  THE
FOREGOING  REMEDIES SHALL BE INDEPENDENT OF ANY OTHER REMEDIES OR PROCE-
DURES THAT MAY BE AVAILABLE TO AN AGGRIEVED PARTY UNDER OTHER PROVISIONS
OF LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

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