senate Bill S1391

2013-2014 Legislative Session

Makes the failure of a sex offender to appear at his or her registration determination hearing a class D felony

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Archive: Last Bill Status - In Committee


  • 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
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Mar 20, 2013 referred to correction
delivered to assembly
passed senate
Mar 18, 2013 advanced to third reading
Mar 14, 2013 2nd report cal.
Mar 13, 2013 1st report cal.202
Jan 09, 2013 referred to crime victims, crime and correction

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Co-Sponsors

S1391 - Bill Details

See Assembly Version of this Bill:
A2647
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-d, 168-f, 168-k, 168-n & 168-t, Cor L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1542, A4869
2009-2010: S1337, A3509

S1391 - Bill Texts

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Expands the statement of notice of a registration determination hearing to be given to a sex offender to include notice of the right to counsel and that the failure to appear shall be a violation of the sex offender registration act; removes the proof of residence exception for failure to mail the signed verification form; makes all violations of the sex offender registration act class D felonies.

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BILL NUMBER:S1391

TITLE OF BILL:
An act
to amend the correction law, in relation to notice to sex offenders
of their determination hearing and the penalty for violations by sex
offenders

PURPOSE: To increase the penalty to a class E felony
for a
first
offense of failure to register or report a change of address by a
level 3 sex offender

SUMMARY OF PROVISIONS: Amends Section 168-d
subdivisions 2 and
4 of
the Correction Law for technical amendments. Adds subdivision 1-a to

Section 168-f of the Correction Law. Amends Section 168-f subdivision
2-(c) and Section 168-k subdivisions 2 and 4. Amends Section 168-t of
the Correction Law to increase the penalty for a failure to register
from a Class A Misdemeanor to a Class D felony.

JUSTIFICATION: This legislation would make it a
felony for
certain sex
offenders who fail to register or report a change of address. This is
in response to an incident in Cheektowaga where a 13-year-old girl
was raped by a level 3 sex offender living in her neighborhood.
Residents didn't know that a level 3 sex offender was living in that
area because he had failed to report a change of address as required
by law.

Currently, sex offenders who fail to register or report address
changes face only a misdemeanor for a first offense. The penalty does
not reach a felony level until a second or subsequent offense. In
this proposed legislation, a level 3 sex offenders would be punished
with a felony for a first offense and would face a higher level
felony charge for subsequent offenses.

Level 3 sex offenders are the most dangerous and the most likely to
become a repeat offender. It is vitally important that the public
have accurate address information on these dangerous felons.

LEGISLATIVE HISTORY:
2011-12: S.1542/A.4869 - Passed Senate/Assembly Corrections
2009-10: S.1337/A.3509 - Referred to Crime Victims, Crime & Correction
2007-08: S.2458-A/A.4995 - Passed Senate, Non Controversial/Assembly
Corrections 2006: S.8047-A/A.11518 - Passed Senate, Non
Controversial/Assembly Corrections

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.


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

                                  1391

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN  ACT to amend the correction law, in relation to notice to sex offen-
  ders of their determination hearing and the penalty for violations  by
  sex offenders

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

  Section 1. Subdivisions 2 and 4 of section  168-d  of  the  correction
law,  subdivision 2 as amended and subdivision 4 as added by chapter 684
of the laws of 2005, are amended to read as follows:
  2. Any sex offender, who is released on probation or  discharged  upon
payment  of  a  fine,  conditional  discharge or unconditional discharge
shall, prior to such release or discharge, be informed  of  his  or  her
duty  to register under this article by the court in which he or she was
convicted. At the time sentence is  imposed,  such  sex  offender  shall
register with the division on a form prepared by the division. The court
shall  require  the  sex  offender  to  read  and  sign such form and to
complete the registration portion of such form. The court shall on  such
form  obtain  the  address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or employed, whether for compensation or not,  and  whether  he  or  she
expects  to  reside  in a facility owned or operated by such an institu-
tion, and shall report such information to the division. The court shall
give one copy of the form to the sex offender and shall send two  copies
to  the division which shall forward the information to the law enforce-
ment agencies having jurisdiction.  The  court  shall  also  notify  the
district  attorney and the sex offender of the date of the determination
proceeding to be held pursuant to subdivision  three  of  this  section,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02552-01-3

S. 1391                             2

which shall be held at least forty-five days after such notice is given.
[This] THE notice TO THE SEX OFFENDER shall include the following state-
ment  [or  a substantially similar statement]: "This proceeding is being
held  to  determine whether you will be classified as a level 3 offender
(risk of repeat offense is high), a level 2  offender  (risk  of  repeat
offense  is  moderate), or a level 1 offender (risk of repeat offense is
low), or whether you will be designated as a sexual predator, a sexually
violent offender or a predicate sex offender, which will  determine  how
long you must register as a sex offender and how much information can be
provided to the public concerning your registration. YOU HAVE A RIGHT TO
A  HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT
TO BE REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL  BE  PROVIDED
IF  YOU  ARE  FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE TO APPEAR AT
THE HEARING IS A VIOLATION OF THIS ARTICLE. If you  fail  to  appear  at
this  proceeding,  [without sufficient excuse,] it shall be held in your
absence. Failure to appear may result in a longer period of registration
or a higher level of community notification because you are not  present
to offer evidence or contest evidence offered by the district attorney."
[The court shall also advise the sex offender that he or she has a right
to  a hearing prior to the court's determination, that he or she has the
right to be represented by counsel at the hearing and that counsel  will
be  appointed  if he or she is financially unable to retain counsel.] If
the sex offender applies for assignment of counsel to represent  him  or
her  at the hearing and counsel was not previously assigned to represent
the sex offender in the underlying  criminal  action,  the  court  shall
determine  whether the offender is financially unable to retain counsel.
If such a finding is made, the court shall assign counsel  to  represent
the sex offender pursuant to article eighteen-B of the county law. Where
the  court  orders a sex offender released on probation, such order must
include a provision requiring that he or she comply  with  the  require-
ments  of this article. Where such sex offender violates such provision,
probation may be immediately revoked in the manner provided  by  article
four hundred ten of the criminal procedure law.
  4.  If  a  sex offender, having been given notice OF THE DETERMINATION
PROCEEDING, including the time and place [of the determination  proceed-
ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
shall  conduct the hearing and make the determinations in the manner set
forth in subdivision three of this section.
  S 2. Section 168-f of the correction law is amended by  adding  a  new
subdivision 1-a to read as follows:
  1-A.  EACH  SEX OFFENDER SHALL APPEAR AT THE DETERMINATION PROCEEDING,
SET FORTH IN SUBDIVISION THREE OF SECTION ONE HUNDRED  SIXTY-EIGHT-D  OF
THIS  ARTICLE,  SUBDIVISION  TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF
THIS ARTICLE OR SUBDIVISION THREE OF SECTION ONE  HUNDRED  SIXTY-EIGHT-N
OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
SUCH  SEX  OFFENDER  SHALL  BE  DESIGNATED  A  SEXUAL PREDATOR, SEXUALLY
VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
  S 3. Paragraph (c) of subdivision 2 of section 168-f of the correction
law, as amended by chapter 453 of the laws of 1999, is amended  to  read
as follows:
  (c)  If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form,  he  or
she  shall  be in violation of this [section unless he proves that he or
she has not changed his or her residence address] ARTICLE.

S. 1391                             3

  S 4. Subdivisions 2 and 4 of section  168-k  of  the  correction  law,
subdivision  2  as  amended and subdivision 4 as added by chapter 684 of
the laws of 2005, are amended to read as follows:
  2.  The  division  shall  advise  the  board that the sex offender has
established residence in this state. The board shall  determine  whether
the  sex  offender  is  required to register with the division. If it is
determined that the sex offender is required to register,  the  division
shall  notify the sex offender of his or her duty to register under this
article and shall require the sex offender to sign  a  form  as  may  be
required by the division acknowledging that the duty to register and the
procedure  for  registration has been explained to the sex offender. The
division shall obtain on such form the address where  the  sex  offender
expects to reside within the state and the sex offender shall retain one
copy of the form and send two copies to the division which shall provide
the  information to the law enforcement agency having jurisdiction where
the sex offender expects to reside within  this  state.  No  later  than
thirty days prior to the board making a recommendation, the sex offender
shall  be  notified  that his or her case is under review and that he or
she is permitted to submit to the board any information relevant to  the
review.  After  reviewing  any  information  obtained,  and applying the
guidelines established  in  subdivision  five  of  section  one  hundred
sixty-eight-l  of  this  article,  the board shall within sixty calendar
days make a recommendation regarding the level of notification  pursuant
to  subdivision six of section one hundred sixty-eight-l of this article
and whether such sex offender shall be  designated  a  sexual  predator,
sexually  violent  offender,  or  predicate  sex  offender as defined in
subdivision seven of section one hundred sixty-eight-a of this  article.
This recommendation shall be confidential and shall not be available for
public  inspection.  It  shall  be  submitted by the board to the county
court or supreme court and to the district attorney  in  the  county  of
residence  of  the sex offender and to the sex offender. It shall be the
duty of the county court or supreme court in the county of residence  of
the  sex  offender,  applying  the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article, to  determine
the  level  of  notification  pursuant to subdivision six of section one
hundred sixty-eight-l of this article  and  whether  such  sex  offender
shall  be  designated  a  sexual predator, sexually violent offender, or
predicate sex offender as defined in subdivision seven  of  section  one
hundred sixty-eight-a of this article. At least thirty days prior to the
determination  proceeding, such court shall notify the district attorney
and the sex offender, in writing,  of  the  date  of  the  determination
proceeding  and  the  court shall also provide the district attorney and
sex offender with a copy of the recommendation received from  the  board
and  any  statement  of the reasons for the recommendation received from
the board. [This] THE notice TO  THE  SEX  OFFENDER  shall  include  the
following  statement  [or  a  substantially  similar  statement]:  "This
proceeding is being held to determine whether you will be classified  as
a  level 3 offender (risk of repeat offense is high), a level 2 offender
(risk of repeat offense is moderate), or a level  1  offender  (risk  of
repeat  offense  is  low), or whether you will be designated as a sexual
predator, a sexually violent offender or a predicate sex offender, which
will determine how long you must register as a sex offender and how much
information can be provided to the public concerning your  registration.
YOU  HAVE  A  RIGHT  TO  A HEARING BEFORE THE COURT MAKES THESE DETERMI-
NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT  HEARING.
COUNSEL  WILL  BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-

S. 1391                             4

SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. If
you fail to appear at this proceeding, [without sufficient  excuse,]  it
shall  be held in your absence. Failure to appear may result in a longer
period  of  registration  or  a  higher  level of community notification
because you are not  present  to  offer  evidence  or  contest  evidence
offered by the district attorney."  [The court shall also advise the sex
offender  that  he  or she has a right to a hearing prior to the court's
determination, that he or she has the right to be represented by counsel
at the hearing and that counsel will be appointed if he or she is finan-
cially unable to retain counsel.] A returnable form shall be enclosed in
the court's notice to the sex offender on which  the  sex  offender  may
apply  for  assignment  of  counsel.    If  the sex offender applies for
assignment of counsel and the court finds that the  offender  is  finan-
cially  unable  to  retain  counsel,  the  court shall assign counsel to
represent the sex offender pursuant to article eighteen-B of the  county
law.  If  the  district attorney seeks a determination that differs from
the recommendation submitted by the board, at least ten  days  prior  to
the  determination proceeding the district attorney shall provide to the
court and the sex offender a statement setting forth the  determinations
sought  by  the  district attorney together with the reasons for seeking
such determinations. The court shall allow the sex  offender  to  appear
and be heard. The state shall appear by the district attorney, or his or
her  designee, who shall bear the burden of proving the facts supporting
the determinations sought by clear and convincing evidence. It shall  be
the duty of the court applying the guidelines established in subdivision
five  of  section one hundred sixty-eight-l of this article to determine
the level of notification pursuant to subdivision  six  of  section  one
hundred  sixty-eight-l  of  this  article  and whether such sex offender
shall be designated a sexual predator,  sexually  violent  offender,  or
predicate  sex  offender  as defined in subdivision seven of section one
hundred sixty-eight-a of this article. Where there is a dispute  between
the  parties  concerning the determinations, the court shall adjourn the
hearing as necessary to permit the sex offender or the district attorney
to obtain materials relevant to the determinations from the state  board
of  examiners of sex offenders or any state or local facility, hospital,
institution, office, agency, department or division. Such materials  may
be  obtained  by  subpoena if not voluntarily provided to the requesting
party. In making the determinations the court shall review any  victim's
statement  and  any relevant materials and evidence submitted by the sex
offender and the district attorney and the recommendation and any  mate-
rial  submitted by the board, and may consider reliable hearsay evidence
submitted by either party, provided that it is relevant to the  determi-
nations.  If available, facts proven at trial or elicited at the time of
a plea of guilty shall be deemed established  by  clear  and  convincing
evidence  and  shall not be relitigated. The court shall render an order
setting forth its determinations and the findings of  fact  and  conclu-
sions  of law on which the determinations are based. A copy of the order
shall be submitted by the court to the  division.  Upon  application  of
either  party,  the  court  shall  seal any portion of the court file or
record which contains material that is confidential under any  state  or
federal  statute.  Either  party  may  appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may

S. 1391                             5

appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  4.  If  a  sex offender, having been given notice OF THE DETERMINATION
PROCEEDING, including the time and place [of the determination  proceed-
ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
HEARD at [this] SUCH proceeding, [without sufficient excuse,] the  court
shall  conduct the hearing and make the determinations in the manner set
forth in subdivision two of this section.
  S 5. Subdivisions 3 and 6 of section  168-n  of  the  correction  law,
subdivision  3  as  amended and subdivision 6 as added by chapter 684 of
the laws of 2005, are amended to read as follows:
  3. No later than thirty days prior to the board's recommendation,  the
sex  offender shall be notified that his or her case is under review and
that he or she is permitted to submit to the board any information rele-
vant to the review. Upon receipt  of  the  board's  recommendation,  the
sentencing court shall determine whether the sex offender was previously
found  to be eligible for assigned counsel in the underlying case. Where
such a finding was previously made, the court shall  assign  counsel  to
represent  the  offender,  pursuant  to article eighteen-B of the county
law. At least twenty days prior to  the  determination  proceeding,  the
sentencing  court  shall  notify the district attorney, the sex offender
and the sex offender's counsel, in writing, of the date of the  determi-
nation  proceeding and shall also provide the district attorney, the sex
offender and the sex offender's counsel with a copy of  the  recommenda-
tion  received  from  the board and any statement of the reasons for the
recommendation received from the board. [This] THE  notice  TO  THE  SEX
OFFENDER shall include the following statement [or a substantially simi-
lar statement]:  "This proceeding is being held to determine whether you
will  be  classified  as  a  level 3 offender (risk of repeat offense is
high), a level 2 offender (risk of repeat offense  is  moderate),  or  a
level 1 offender (risk of repeat offense is low), or whether you will be
designated as a sexual predator, a sexually violent offender or a predi-
cate  sex offender, which will determine how long you must register as a
sex offender and how much information can  be  provided  to  the  public
concerning  your  registration. YOU HAVE A RIGHT TO A HEARING BEFORE THE
COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED  BY
COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
UNABLE  TO  RETAIN  COUNSEL.  FAILURE  TO  APPEAR  AT  THE  HEARING IS A
VIOLATION OF THIS ARTICLE. If you fail to  appear  at  this  proceeding,
[without  sufficient  excuse,] it shall be held in your absence. Failure
to appear may result in a longer period  of  registration  or  a  higher
level  of  community  notification  because you are not present to offer
evidence or contest evidence offered by  the  district  attorney."  [The
written  notice  to the sex offender shall also advise the offender that
he or she has a right to a hearing prior to the  court's  determination,
and  that  he  or  she has the right to be represented by counsel at the
hearing.] If counsel has been assigned to represent the offender at  the
determination  proceeding,  the  notice  shall  also  provide  the name,
address and telephone number of the assigned counsel. Where counsel  has
not  been assigned, [the notice shall advise the sex offender that coun-
sel will be appointed if he or she is financially unable to retain coun-
sel, and] a returnable form shall be enclosed in the court's  notice  to
the  sex  offender on which the sex offender may apply for assignment of
counsel.  If the sex offender applies for assignment of counsel and  the
court  finds  that the offender is financially unable to retain counsel,
the court shall assign counsel to represent the sex offender pursuant to

S. 1391                             6

article eighteen-B of the county law. If the district attorney  seeks  a
determination  that  differs  from  the  recommendation submitted by the
board, at least ten days  prior  to  the  determination  proceeding  the
district  attorney  shall  provide  to  the court and the sex offender a
statement setting forth the determinations sought by the district attor-
ney together with the reasons for seeking such determinations. The court
shall allow the sex offender to appear and be  heard.  The  state  shall
appear  by the district attorney, or his or her designee, who shall bear
the burden of proving the facts supporting the determinations sought  by
clear  and  convincing  evidence.  Where  there is a dispute between the
parties concerning the determinations, the court shall adjourn the hear-
ing as necessary to permit the sex offender or the district attorney  to
obtain  materials relevant to the determinations from the state board of
examiners of sex offenders or any state  or  local  facility,  hospital,
institution, office, agency, department or division.  Such materials may
be  obtained  by  subpoena if not voluntarily provided to the requesting
party. In making the determinations the court shall review any  victim's
statement  and  any relevant materials and evidence submitted by the sex
offender and the district attorney and the recommendation and any  mate-
rials submitted by the board, and may consider reliable hearsay evidence
submitted  by either party, provided that it is relevant to the determi-
nations. Facts previously proven at trial or elicited  at  the  time  of
entry  of  a  plea  of  guilty  shall be deemed established by clear and
convincing evidence and shall not be relitigated. The court shall render
an order setting forth its determinations and the findings of  fact  and
conclusions  of law on which the determinations are based. A copy of the
order shall be submitted by the court to the division. Upon  application
of  either  party, the court shall seal any portion of the court file or
record which contains material that is confidential under any  state  or
federal  statute.  Either  party  may  appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and  fifty-
seven  of  the  civil  practice  law  and  rules. Where counsel has been
assigned to represent the sex offender upon  the  ground  that  the  sex
offender  is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the  person  may
appeal  as  a  poor  person pursuant to article eighteen-B of the county
law.
  6. If a sex offender, having been given notice  OF  THE  DETERMINATION
PROCEEDING,  including the time and place [of the determination proceed-
ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
shall conduct the hearing and make the determinations in the manner  set
forth in subdivision three of this section.
  S 6. Section 168-t of the correction law, as amended by chapter 373 of
the laws of 2007, is amended to read as follows:
  S  168-t.  [Penalty]  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION
PROCEEDING, ANNUALLY VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN
INSTITUTION  OF  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF
STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
RESIDENCE IN STATE, OR COMPLY WITH  THE  PROHIBITION  OF  EMPLOYMENT  ON
MOTOR  VEHICLES  ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY.  1.
Any sex offender required to register [or to  verify]  pursuant  to  the
provisions  of  this  article  [who  fails  to register or verify in the
manner and within the time periods provided for in  this  article  shall
be]  IS  guilty  of  [a  class  E  felony  upon conviction for the first
offense, and upon conviction for a second or subsequent offense shall be

S. 1391                             7

guilty of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION  PROCEEDING,
ANNUALLY  VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION
OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT  AN
INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:
  (A) FAILS TO REGISTER WITH THE DIVISION ON  A  FORM  PREPARED  BY  THE
DIVISION  (I)  AT  LEAST  TEN  CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
CORRECTIONAL  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE OR SHE WAS
CONFINED OR COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED  FOR  ANY
SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE,  OR (III) UPON THE
DIVISION'S REQUEST FOLLOWING A  DETERMINATION  BY  THE  BOARD  THAT  THE
OFFENDER  IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF SECTION
ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
  (B) FAILS TO APPEAR AT THE  DETERMINATION  PROCEEDING,  SET  FORTH  IN
SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS ARTICLE,
SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE  OR
SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS ARTICLE,
HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX  OFFEN-
DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
PREDICATE SEX OFFENDER; OR
  (C)  FAILS  TO SIGN AND RETURN TO THE DIVISION THE ANNUAL VERIFICATION
FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
DAYS AFTER RECEIPT OF THE FORM; OR
  (D) FAILS TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE  LOCAL  LAW
ENFORCEMENT  AGENCY EVERY NINETY CALENDAR DAYS AFTER THE DATE OF RELEASE
OR COMMENCEMENT OF PAROLE OR POST-RELEASE SUPERVISION, OR PROBATION,  OR
RELEASE  ON  PAYMENT  OF  A FINE, CONDITIONAL DISCHARGE OR UNCONDITIONAL
DISCHARGE AFTER HAVING BEEN GIVEN A LEVEL THREE  DESIGNATION  OR  HAVING
BEEN DESIGNATED A SEXUAL PREDATOR; OR
  (E)  FAILS  TO  PROVIDE  THE DIVISION WITH THE NAME AND ADDRESS OF ANY
INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS  TO  BE  EMPLOYED  BY,
ENROLLED  IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR NOT,
AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR  OPERATED
BY SUCH AN INSTITUTION; OR
  (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
ANY CHANGE OF ADDRESS; OR
  (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
  (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
LISHING  RESIDENCE  IN  THIS STATE IN THE CASE OF A SEX OFFENDER WHO HAS
BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
(D) OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THIS
ARTICLE  OR  PARAGRAPH  (B)  OF SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-EIGHT-A OF THIS ARTICLE; OR
  (I) VIOLATES THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-EIGHT-V  OF
THIS ARTICLE.
  2.  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING, ANNU-
ALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN  INSTITUTION  OF
HIGHER  EDUCATION,  NOTIFY  OF  ADDRESS CHANGE OR CHANGE OF STATUS AT AN
INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT  ON  MOTOR  VEHICLES
ENGAGED  IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony. [Any

S. 1391                             8

sex offender who violates the provisions of section one  hundred  sixty-
eight-v  of  this  article shall be guilty of a class A misdemeanor upon
conviction for the first offense, and upon conviction for  a  second  or
subsequent offense shall be guilty of a class D felony.]
  3.  Any such failure [to register or verify] may also be the basis for
revocation of parole pursuant to section two hundred fifty-nine-i of the
executive law or the basis for revocation of probation pursuant to arti-
cle four hundred ten of the criminal procedure law.
  S 7. This act shall take effect immediately.

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