S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8270
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. WEPRIN, O'DONNELL, AUBRY, CUSICK -- read once and
   referred to the Committee on Correction
 
 AN ACT to amend the correction law, the penal law, the executive law and
   the  criminal  procedure  law,  in  relation to establishing residency
   restrictions for sex offenders

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (f)  of  subdivision 1 of section 168-b of the
 correction law, as relettered by chapter 10 of  the  laws  of  2003,  is
 relettered  paragraph  (g)  and  a new paragraph (f) is added to read as
 follows:
   (F) IF THE SEX OFFENDER HAS BEEN GIVEN A LEVEL 2 OR 3 DESIGNATION  AND
 STANDS  CONVICTED  OF  A  FELONY WHICH REQUIRES REGISTRATION PURSUANT TO
 THIS  ARTICLE,  WHETHER  SUCH  OFFENDER  IS  SUBJECT  TO   A   RESIDENCY
 RESTRICTION  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTI-
 CLE.
   § 2. Section 168-b of the correction law is amended by  adding  a  new
 subdivision 13 to read as follows:
   13.  THE  DIVISION, UPON INITIAL REGISTRATION AND THEREAFTER IN ANNUAL
 CORRESPONDENCE AS REQUIRED BY SUBDIVISION FOUR OF  THIS  SECTION,  SHALL
 ADVISE  EACH  SEX  OFFENDER  WHO  IS  SUBJECT TO A RESIDENCY RESTRICTION
 PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE,  CONCERN-
 ING  THE  TERM'S  SPECIFIC DURATION AND THE ACCURATE TERMINATION DATE OF
 SUCH RESTRICTION.
   § 3. Subdivisions 2 and 3 of section  168-d  of  the  correction  law,
 subdivision 2 as amended by chapter 684 of the laws of 2005 and subdivi-
 sion 3 as amended by chapter 11 of the laws of 2002, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03942-01-1

 A. 8270                             2
 
 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,
 which shall be held at least forty-five days after such notice is given.
 This  notice  shall  include  the following statement or a substantially
 similar statement: "This proceeding is being held to  determine  whether
 you  will be classified as a level 3 offender (risk of repeat offense is
 high), a level 2 offender (risk of repeat offense  is  moderate),  or  a
 level 1 offender (risk of repeat offense is low), or whether you will be
 designated as a sexual predator, a sexually violent offender or a 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.    IF YOU ARE CLASSIFIED AS A LEVEL 2 OR
 LEVEL 3 OFFENDER FOR A FELONY SEX OFFENSE, THE COURT MAY ALSO  DETERMINE
 WHETHER  YOU  WILL  BE  SUBJECT  TO  A  RESIDENCY  RESTRICTION WHICH MAY
 RESTRICT WHERE YOU CAN ESTABLISH YOUR PERMANENT RESIDENCE. 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 eigh-
 teen-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 requirements of this article. Where such sex offen-
 der violates such provision, probation may be immediately revoked in the
 manner provided by article four hundred ten of  the  criminal  procedure
 law.
   3.  For sex offenders released on probation or discharged upon payment
 of a fine, conditional discharge or unconditional discharge, 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

 A. 8270                             3
 
 predicate sex offender as defined in subdivision seven  of  section  one
 hundred sixty-eight-a of this article AND, WHEN DETERMINING THE LEVEL OF
 NOTIFICATION  AND  APPLYING  THE  GUIDELINES  ESTABLISHED IN SUBDIVISION
 FIVE-A  OF  SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE, WHETHER A
 SEX OFFENDER, CLASSIFIED AS A LEVEL 2 OR LEVEL  3  OFFENDER  WHO  STANDS
 CONVICTED OF A FELONY WHICH REQUIRES REGISTRATION PURSUANT TO THIS ARTI-
 CLE,  WILL BE SUBJECT TO A RESIDENCY RESTRICTION PURSUANT TO SECTION ONE
 HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE.  At least fifteen days  prior  to
 the determination proceeding, the district attorney shall provide to the
 court  and the sex offender a written statement setting forth the deter-
 minations 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.
 Where there is a dispute between the  parties  concerning  the  determi-
 nations,  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 any state or local facility, hospital, institu-
 tion, 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 court may consider reliable
 hearsay evidence submitted by either party provided that it is  relevant
 to  the  determinations. 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.
   §  4. Subdivision 2 of section 168-k of the correction law, as amended
 by chapter 684 of the laws of 2005, is amended to read as follows:
   2. The division shall advise the  board  that  the  sex  offender  has
 established  residence  in this state. The board shall determine whether
 the sex offender is required to register with the  division.  If  it  is
 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

 A. 8270                             4
 
 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
 AND,  WHEN DETERMINING THE LEVEL OF NOTIFICATION AND APPLYING THE GUIDE-
 LINES ESTABLISHED IN SUBDIVISION FIVE-A OF SECTION  ONE  HUNDRED  SIXTY-
 EIGHT-L OF THIS ARTICLE, WHETHER A SEX OFFENDER, CLASSIFIED AS A LEVEL 2
 OR  LEVEL  3  OFFENDER  WHO  STANDS CONVICTED OF A FELONY WHICH REQUIRES
 REGISTRATION PURSUANT TO THIS ARTICLE, WILL BE SUBJECT  TO  A  RESIDENCY
 RESTRICTION  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTI-
 CLE.  This recommendation shall be confidential and shall not be  avail-
 able  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 AND, WHEN DETERMINING THE LEVEL OF
 NOTIFICATION  AND  APPLYING  THE  GUIDELINES  ESTABLISHED IN SUBDIVISION
 FIVE-A OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE,  WHETHER  A
 SEX  OFFENDER,  CLASSIFIED  AS  A LEVEL 2 OR LEVEL 3 OFFENDER WHO STANDS
 CONVICTED OF A FELONY WHICH REQUIRES REGISTRATION PURSUANT TO THIS ARTI-
 CLE, WILL BE SUBJECT TO A RESIDENCY RESTRICTION PURSUANT TO SECTION  ONE
 HUNDRED  SIXTY-EIGHT-W  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 determi-
 nation 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 notice shall include the following statement  or  a
 substantially  similar  statement:  "This  proceeding  is  being held to
 determine whether you will be classified as a level 3 offender (risk  of
 repeat  offense  is high), a level 2 offender (risk of repeat offense is
 moderate), or a level 1 offender (risk of repeat  offense  is  low),  or
 whether  you will be designated as a sexual predator, a sexually violent
 offender or a predicate sex offender, which will determine how long  you
 must register as a sex offender and how much information can be provided
 to  the  public concerning your registration. IF YOU ARE CLASSIFIED AS A
 LEVEL 2 OR LEVEL 3 OFFENDER FOR A FELONY SEX OFFENSE, THE COURT MAY ALSO
 DETERMINE WHETHER YOU WILL BE SUBJECT TO A RESIDENCY  RESTRICTION  WHICH
 MAY  RESTRICT  WHERE  YOU CAN ESTABLISH YOUR PERMANENT RESIDENCE. 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

 A. 8270                             5
 
 district  attorney."   The court shall also advise the sex offender that
 he or she has a right to a hearing prior to the  court's  determination,
 that he or she has the right to be represented by counsel at the hearing
 and that counsel will be appointed if he or she is financially unable to
 retain  counsel.  A  returnable  form  shall  be enclosed in the court's
 notice to the sex offender on which  the  sex  offender  may  apply  for
 assignment  of  counsel.   If the sex offender applies for assignment of
 counsel and the court finds that the offender is financially  unable  to
 retain  counsel,  the  court  shall  assign counsel to represent the sex
 offender pursuant to article  eighteen-B  of  the  county  law.  If  the
 district  attorney seeks a determination that differs from the recommen-
 dation submitted by the board, at least ten days prior to  the  determi-
 nation  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 deter-
 minations. 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 AND, WHEN DETERMINING THE LEVEL OF
 NOTIFICATION AND APPLYING  THE  GUIDELINES  ESTABLISHED  BY  SUBDIVISION
 FIVE-A  OF  SECTION ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE, WHETHER A
 SEX OFFENDER, CLASSIFIED AS A LEVEL 2 OR LEVEL  3  OFFENDER  WHO  STANDS
 CONVICTED OF A FELONY WHICH REQUIRES REGISTRATION PURSUANT TO THIS ARTI-
 CLE,  WILL BE SUBJECT TO A RESIDENCY RESTRICTION PURSUANT TO SECTION ONE
 HUNDRED SIXTY-EIGHT-W 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

 A. 8270                             6
 
 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.
   §  5.  Section  168-l of the correction law is amended by adding a new
 subdivision 5-a to read as follows:
   5-A. THE BOARD SHALL  DEVELOP  GUIDELINES  AND  PROCEDURES  TO  ASSESS
 WHETHER TO RECOMMEND THAT A SEX OFFENDER WHO STANDS CONVICTED OF A FELO-
 NY  SHOULD BE SUBJECT TO A RESIDENCY RESTRICTION AS DESCRIBED IN SECTION
 ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE. SUCH GUIDELINES SHALL INCLUDE
 THE FOLLOWING:
   (A)  WHETHER  A  RESIDENCY  RESTRICTION  WOULD  ADVERSELY  IMPACT  THE
 OFFENDER'S SUCCESSFUL REENTRY AND REINTEGRATION INTO SOCIETY;
   (B)  WHETHER  A  RESIDENCY  RESTRICTION  IS  NECESSARY,  BASED  ON THE
 OFFENDER'S CURRENT BEHAVIOR AND PRESENT AND PROSPECTIVE LIVING  ARRANGE-
 MENTS TO PROTECT PUBLIC SAFETY;
   (C) THE ABILITY OF THE OFFENDER TO OBTAIN PERMANENT AND STABLE HOUSING
 IN ORDER TO REDUCE THE LIKELIHOOD THAT THE OFFENDER WILL BE TRANSIENT;
   (D)  THE  ACCESSIBILITY  TO  SUPPORTIVE  SERVICES,  INCLUDING, BUT NOT
 LIMITED TO, LOCALLY AVAILABLE SEX OFFENDER TREATMENT PROGRAMS THAT  HAVE
 DEMONSTRATED  EFFECTIVENESS  IN  REDUCING  SEX  OFFENDER  RECIDIVISM AND
 INCREASING PUBLIC SAFETY;
   (E) THE ABILITY OF THE OFFENDER TO FIND GAINFUL AND STABLE EMPLOYMENT;
 AND
   (F) WHETHER THE OFFENSE THAT REQUIRES THE OFFENDER TO REGISTER  PURSU-
 ANT TO THIS ARTICLE WAS COMMITTED AGAINST A MINOR CHILD.
   §  6.  The  opening paragraph of subdivision 6 of section 168-1 of the
 correction law, as amended by chapter 11 of the laws of 2002, is amended
 to read as follows:
   Applying [these] THE guidelines ESTABLISHED  IN  SUBDIVISION  FIVE  OF
 THIS  SECTION,  the  board shall within sixty calendar days prior to the
 discharge, parole, release to post-release supervision or release  of  a
 sex offender make a recommendation which shall be confidential and shall
 not  be  available  for public inspection, to the sentencing court as to
 whether such sex offender warrants the designation of  sexual  predator,
 sexually  violent  offender,  or  predicate  sex  offender as defined in
 subdivision seven of section one hundred sixty-eight-a of this  article.
 In  addition,  the  guidelines  ESTABLISHED  IN SUBDIVISION FIVE OF THIS
 SECTION shall be applied by the board to make a  recommendation  to  the
 sentencing  court which shall be confidential and shall not be available
 for public inspection, providing for one of the [following] three levels
 of notification DESCRIBED IN PARAGRAPHS (A), (B), AND (C) OF THIS SUBDI-
 VISION depending upon the degree of the risk of re-offense  by  the  sex
 offender. FURTHER, WHEN THE BOARD MAKES A RECOMMENDATION TO THE SENTENC-
 ING  COURT  THAT  A  SEX  OFFENDER BE CLASSIFIED AS A LEVEL 2 OR LEVEL 3
 OFFENDER AND SUCH OFFENDER STANDS CONVICTED OF A FELONY  WHICH  REQUIRES
 REGISTRATION  PURSUANT  TO  THIS ARTICLE, THE BOARD SHALL ALSO APPLY THE
 GUIDELINES ESTABLISHED IN SUBDIVISION FIVE-A OF  THIS  SECTION  AND  MAY
 MAKE  A RECOMMENDATION REGARDING WHETHER SUCH OFFENDER SHOULD BE SUBJECT
 TO A RESIDENCY RESTRICTION AS DESCRIBED IN SECTION  ONE  HUNDRED  SIXTY-
 EIGHT-W OF THIS ARTICLE.
   §  7. Subdivision 7 of section 168-l of the correction law, as amended
 by chapter 11 of the laws of 2002, is amended to read as follows:
   7. Upon request by the court, pursuant to section one  hundred  sixty-
 eight-o  of  this  article,  the  board  shall provide an updated report
 pertaining to the sex offender petitioning for relief  of  the  duty  to
 register [or], for a modification of his or her level of notification OR

 A. 8270                             7
 
 FOR  MODIFICATION  OR  TERMINATION OF A RESIDENCY RESTRICTION IMPOSED BY
 THE SENTENCING COURT.
   §  8.  Subdivisions  2  and  3 of section 168-n of the correction law,
 subdivision 2 as amended by chapter 453 of the laws of 1999 and subdivi-
 sion 3 as amended by chapter 684 of the laws of  2005,  are  amended  to
 read as follows:
   2.  In  addition,  applying  the guidelines established in subdivision
 five of section one hundred sixty-eight-l of this article, the  sentenc-
 ing  court  shall also make a determination with respect to the level of
 notification, after receiving a recommendation from the  board  pursuant
 to  section  one hundred sixty-eight-l of this article.  [Both] FURTHER,
 WHEN THE COURT CLASSIFIES A SEX OFFENDER AS A LEVEL 2 OR LEVEL 3  OFFEN-
 DER AND SUCH OFFENDER STANDS CONVICTED OF A FELONY WHICH REQUIRES REGIS-
 TRATION PURSUANT TO THIS ARTICLE AND THE BOARD HAS RECOMMENDED THAT SUCH
 OFFENDER  BE  SUBJECT  TO A RESIDENCY RESTRICTION, THE COURT SHALL APPLY
 THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE-A OF SECTION ONE  HUNDRED
 SIXTY-EIGHT-L  OF  THIS ARTICLE AND MAKE A DETERMINATION WITH RESPECT TO
 WHETHER SUCH OFFENDER SHALL BE SUBJECT TO  A  RESIDENCY  RESTRICTION  IN
 ACCORDANCE  WITH  SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE. ALL
 determinations of the sentencing court PURSUANT TO THIS SECTION shall be
 made thirty calendar days prior to discharge, parole or release.
   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 notice  shall  include  the
 following  statement  or  a  substantially  similar  statement:    "This
 proceeding is being held to determine whether you will be classified  as
 a  level 3 offender (risk of repeat offense is high), a level 2 offender
 (risk of repeat offense is moderate), or a level  1  offender  (risk  of
 repeat  offense  is  low), or whether you will be designated as a sexual
 predator, a sexually violent offender or a predicate sex offender, which
 will determine how long you must register as a sex offender and how much
 information can be provided to the public concerning your  registration.
 IF  YOU ARE CLASSIFIED AS A LEVEL 2 OR LEVEL 3 OFFENDER FOR A FELONY SEX
 OFFENSE, THE COURT MAY ALSO DETERMINE WHETHER YOU WILL BE SUBJECT  TO  A
 RESIDENCY  RESTRICTION  WHICH  MAY RESTRICT WHERE YOU CAN ESTABLISH YOUR
 PERMANENT RESIDENCE. 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 coun-
 sel has been assigned to represent the  offender  at  the  determination

 A. 8270                             8

 proceeding,  the  notice  shall also provide the name, address and tele-
 phone number of  the  assigned  counsel.  Where  counsel  has  not  been
 assigned,  the notice shall advise the sex offender that counsel will be
 appointed  if  he  or she is financially unable to retain counsel, 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
 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.
   §  9.  The  section heading of section 168-o of the correction law, as
 amended by chapter 453 of the laws of 1999, is amended and a new  subdi-
 vision 2-a is added to read as follows:
   Petition  for  relief  or modification OF LEVEL OF NOTIFICATION AND/OR
 RESIDENCY RESTRICTION.
   2-A. ANY SEX OFFENDER SUBJECT TO A RESIDENCY RESTRICTION  PURSUANT  TO
 THIS  ARTICLE  MAY PETITION THE COURT WHICH IMPOSED SUCH RESTRICTION FOR
 AN ORDER TERMINATING OR MODIFYING SUCH RESIDENCY RESTRICTION. THE  PETI-
 TION SHALL SET FORTH THE REASONS FOR SEEKING SUCH MODIFICATION OR TERMI-
 NATION.    THE  SEX  OFFENDER SHALL BEAR THE BURDEN OF PROVING THE FACTS

 A. 8270                             9
 
 SUPPORTING THE  REQUESTED  MODIFICATION  OR  TERMINATION  BY  CLEAR  AND
 CONVINCING  EVIDENCE.  SUCH A PETITION SHALL NOT BE CONSIDERED MORE THAN
 ANNUALLY. THE DISTRICT ATTORNEY AND THE SEX OFFENDER MAY  APPEAL  AS  OF
 RIGHT  FROM  AN  ORDER  ISSUED  UNDER  THIS  SUBDIVISION 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 REPRE-
 SENT THE SEX  OFFENDER UPON THE GROUND THAT THE SEX OFFENDER  IS  FINAN-
 CIALLY  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.
   §  10.  Section 168-o of the correction law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. PRIOR TO THE EXPIRATION OF A RESIDENCY RESTRICTION ORDERED PURSU-
 ANT TO SECTION ONE HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE,  THE  DISTRICT
 ATTORNEY MAY FILE A PETITION WITH THE SENTENCING COURT OR WITH THE COURT
 WHICH  ORDERED  THE RESIDENCY RESTRICTION TO EXTEND THE DURATION OF SUCH
 RESIDENCY RESTRICTION IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION ONE
 HUNDRED SIXTY-EIGHT-W OF THIS ARTICLE. THE PETITION SHALL SET FORTH  THE
 REASONS   FOR   SEEKING   TO  EXTEND  THE  DURATION  OF  SUCH  RESIDENCY
 RESTRICTION.  THE DISTRICT ATTORNEY SHALL BEAR THE BURDEN OF PROVING NEW
 FACTS AND CIRCUMSTANCES THAT WARRANT THE REQUESTED EXTENSION,  BY  CLEAR
 AND CONVINCING EVIDENCE. IN THE EVENT THAT THE DISTRICT ATTORNEY'S PETI-
 TION IS GRANTED, THE SEX OFFENDER 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  OFFENDER UPON THE GROUND THAT HE OR SHE IS
 FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL BE CONTINUED
 THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY PROCEED  AS  A
 POOR PERSON, PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
   §  11.  Subdivision 4 of section 168-o of the correction law, as added
 by chapter 453 of the laws of 1999, is amended to read as follows:
   4. Upon receipt of a petition submitted pursuant to  subdivision  one,
 two  [or],  TWO-A,  three,  OR  THREE-A of this section, the court shall
 forward a copy of the petition to  the  board  and  request  an  updated
 recommendation  pertaining  to the sex offender and shall provide a copy
 of the petition to the other party.  The court shall also advise the sex
 offender that he or she has the right to be represented  by  counsel  at
 the  hearing  and  counsel will be appointed if he or she is financially
 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 financially unable
 to retain counsel, the court  shall  assign  counsel  to  represent  the
 offender,  pursuant  to  article eighteen-B of the county law. Where the
 petition was filed by a district attorney, at least thirty days prior to
 making an updated recommendation the board shall notify the sex offender
 and his or her counsel that the offender's case is under review  and  he
 or  she  is permitted to submit to the board any information relevant to
 the review.   The board's updated recommendation  on  the  sex  offender
 shall  be confidential and shall not be available for public inspection.
 After receiving an updated recommendation from the  board  concerning  a
 sex offender, the court shall, at least thirty days prior to ruling upon
 the  petition,  provide  a copy of the updated recommendation to the sex
 offender, the sex offender's counsel and the district attorney and noti-
 fy them, in writing, of the date set by the court for a hearing  on  the
 petition. After reviewing the recommendation received from the board and

 A. 8270                            10
 
 any  relevant  materials  and evidence submitted by the sex offender and
 the district attorney, the court may grant or  deny  the  petition.  The
 court  may  also consult with the victim prior to making a determination
 on  the  petition.  The  court  shall  render an order setting forth its
 determination, and the findings of fact and conclusions of law on  which
 the  determination is based. If the petition is granted, it shall be the
 obligation of the court to submit a copy of its order to  the  division.
 Upon  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.
   §  12.  Section 168-t of the correction law, as amended by chapter 373
 of the laws of 2007, is amended to read as follows:
   § 168-t. Penalty. Any sex offender required to register or  to  verify
 pursuant  to  the  provisions  of  this article who fails to register or
 verify in the manner and within the time periods provided  for  in  this
 article  shall  be  guilty  of  a class E felony upon conviction for the
 first offense, and upon conviction for a second  or  subsequent  offense
 shall  be  guilty of a class D felony. Any sex offender who violates the
 provisions of section one hundred sixty-eight-v of this article OR KNOW-
 INGLY VIOLATES A RESIDENCY RESTRICTION IMPOSED PURSUANT TO  SECTION  ONE
 HUNDRED  SIXTY-EIGHT-W  OF  THIS  ARTICLE  shall  be guilty of a class A
 misdemeanor upon conviction for the first offense, and  upon  conviction
 for  a second or subsequent offense shall be guilty of a class D felony.
 Any such failure to register or verify may also be the basis for revoca-
 tion of parole pursuant to section two hundred fifty-nine-i of the exec-
 utive law or the basis for revocation of probation pursuant  to  article
 four hundred ten of the criminal procedure law.
   §  13.  Section  168-w of the correction law, as relettered by chapter
 604 of the laws of 2005, is relettered section 168-x and a  new  section
 168-w is added to read as follows:
   § 168-W. RESIDENCY RESTRICTION FOR CERTAIN SEX OFFENDERS. 1.  PURSUANT
 TO  SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D, SUBDIVISION
 TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K AND SUBDIVISION TWO OF  SECTION
 ONE  HUNDRED  SIXTY-EIGHT-N  OF THIS ARTICLE, WHEN THE COURT WHICH MAKES
 THE DETERMINATION REGARDING THE LEVEL OF NOTIFICATION OF A SEX  OFFENDER
 CLASSIFIES  SUCH  OFFENDER  AS  A  LEVEL  2 OR LEVEL 3 OFFENDER AND SUCH
 OFFENDER WAS CONVICTED OF A FELONY WHICH REQUIRES REGISTRATION  PURSUANT
 TO  THIS  ARTICLE  AND, WHERE APPLICABLE, THE BOARD HAS RECOMMENDED THAT
 SUCH OFFENDER BE SUBJECT TO A RESIDENCY RESTRICTION, THE COURT MAY ORDER
 THAT SUCH OFFENDER COMPLY WITH A RESIDENCY RESTRICTION ACCORDING TO THIS
 SECTION. SUCH RESIDENCY RESTRICTION MAY BE IMPOSED ONLY AFTER THE  COURT
 HAS  APPLIED THE GUIDELINES ESTABLISHED IN SUBDIVISION FIVE-A OF SECTION
 ONE HUNDRED SIXTY-EIGHT-L OF THIS ARTICLE.
   2. WHEN THE COURT DETERMINES THAT A RESIDENCY RESTRICTION IS NECESSARY
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE COURT MAY ORDER THAT THE
 SEX OFFENDER BE PROHIBITED FROM KNOWINGLY ESTABLISHING HIS OR HER PERMA-
 NENT RESIDENCE WITHIN UP TO ONE THOUSAND FEET OF ANY SCHOOL GROUNDS,  AS
 THE  TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOURTEEN OF SECTION
 220.00 OF THE PENAL LAW. FOR THE PURPOSES OF THIS SUBDIVISION, THE  TERM
 PERMANENT  RESIDENCE SHALL MEAN THE PLACE WHERE THE OFFENDER MAINTAINS A
 FIXED, PERMANENT AND PRINCIPAL HOME AND TO WHICH  HE  OR  SHE,  WHENEVER
 TEMPORARILY  AWAY,  INTENDS  TO  RETURN.  PERMANENT  RESIDENCE SHALL NOT
 INCLUDE TEMPORARY OR TRANSITIONAL HOUSING SUCH AS A SHELTER, RESIDENTIAL
 TREATMENT PROGRAM, OR OTHER SIMILAR TEMPORARY OR TRANSIENT HOUSING.
   3. THE COURT SHALL DETERMINE THE DURATION OF THE RESIDENCY RESTRICTION
 IMPOSED  PURSUANT  TO  THIS  SECTION  PROVIDED,   HOWEVER,   THAT   SUCH

 A. 8270                            11
 
 RESTRICTION  SHALL  NOT APPLY FOR MORE THAN TEN YEARS AFTER THE LATER OF
 THE OFFENDER'S RELEASE FROM JAIL OR PRISON OR  THE  PERIOD  OR  TERM  OF
 PROBATION,  PAROLE,  CONDITIONAL RELEASE OR POST-RELEASE SUPERVISION FOR
 THE  OFFENSE  WHICH  REQUIRES THE OFFENDER TO REGISTER AS A SEX OFFENDER
 PURSUANT TO THIS ARTICLE. IN CALCULATING THE DURATION OF  THE  RESIDENCY
 RESTRICTION, ANY PERIOD OF TIME DURING WHICH THE OFFENDER IS INCARCERAT-
 ED  FOR  ANY REASON AFTER SUCH RESIDENCY RESTRICTION IS ORDERED SHALL BE
 EXCLUDED AND THE DURATION OF THE RESTRICTION  SHALL  BE  EXTENDED  BY  A
 PERIOD OR PERIODS EQUAL TO THE TIME OF SUCH INCARCERATION.
   4.  WHERE THE COURT HAS GRANTED A PETITION TO EXTEND THE DURATION OF A
 RESIDENCY RESTRICTION PURSUANT  TO  SUBDIVISIONS  THREE-A  AND  FOUR  OF
 SECTION ONE HUNDRED SIXTY-EIGHT-O OF THIS ARTICLE, SUCH EXTENSION MAY BE
 FOR A PERIOD OF UP TO FIVE YEARS.
   §  14.  Paragraph (a) of subdivision 4-a of section 65.10 of the penal
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a) When imposing a sentence of  probation  or  conditional  discharge
 upon  a  person  convicted  of an offense defined in article one hundred
 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 of such offense was under the age  of  eighteen  at  the  time  of  such
 offense  or  such  person has been designated a level three sex offender
 pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of such sentence, that such sentenced offender shall refrain from  know-
 ingly  entering into or upon any school grounds, as that term is defined
 in PARAGRAPH (A) OF subdivision fourteen of section 220.00 of this chap-
 ter, or any other facility or institution primarily used for the care or
 treatment of persons under the age of eighteen while one or more of such
 persons under the age of eighteen are present,  provided  however,  that
 when  such  sentenced offender is a registered student or participant or
 an employee of such facility or institution or entity contracting there-
 with or has a family member enrolled in such  facility  or  institution,
 such  sentenced  offender  may, with the written authorization of his or
 her probation officer or the  court  and  the  superintendent  or  chief
 administrator  of  such  facility,  institution  or  grounds, enter such
 facility, institution or upon such  grounds  for  the  limited  purposes
 authorized  by  the probation officer or the court and superintendent or
 chief officer.  Nothing  in  this  subdivision  shall  be  construed  as
 restricting  any  lawful condition of supervision that may be imposed on
 such sentenced offender.
   § 15. Subdivision 14 of section 259-c of the executive law, as amended
 by section 38-b of subpart A of part C of chapter  62  of  the  laws  of
 2011, is amended to read as follows:
   14.  notwithstanding any other provision of law to the contrary, where
 a person serving a sentence  for  an  offense  defined  in  article  one
 hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
 the penal law or section 255.25, 255.26 or 255.27 of the penal  law  and
 the  victim of such offense was under the age of eighteen at the time of
 such offense or such person has been designated a level three sex offen-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the  correction  law,  is  released  on parole or conditionally released
 pursuant to subdivision one or two of  this  section,  the  board  shall
 require,  as  a mandatory condition of such release, that such sentenced
 offender shall refrain from knowingly entering into or upon  any  school
 grounds,  as  that term is defined in PARAGRAPH (A) OF subdivision four-

 A. 8270                            12
 
 teen of section 220.00 of the penal law, or any other facility or insti-
 tution primarily used for the care or treatment of persons under the age
 of eighteen while one or more of such persons under the age of  eighteen
 are  present,  provided  however, that when such sentenced offender is a
 registered student or participant or an employee  of  such  facility  or
 institution  or  entity  contracting  therewith  or  has a family member
 enrolled in such facility or institution, such sentenced  offender  may,
 with  the  written  authorization  of  his or her parole officer and the
 superintendent or chief administrator of such facility,  institution  or
 grounds,  enter  such facility, institution or upon such grounds for the
 limited purposes authorized by the parole officer and superintendent  or
 chief  officer.    Nothing  in  this  subdivision  shall be construed as
 restricting any lawful condition of supervision that may be  imposed  on
 such sentenced offender.
   §  16. The opening paragraph of subdivision 4 of section 530.13 of the
 criminal procedure law, as amended by chapter 240 of the laws  of  2015,
 is amended to read as follows:
   Upon  sentencing  on a conviction for any offense, where the court has
 not issued an order of protection pursuant to  section  530.12  of  this
 article,  the court may, in addition to any other disposition, including
 a conditional discharge or  youthful  offender  adjudication,  enter  an
 order  of  protection. Where a temporary order of protection was issued,
 the court shall state on the record the reasons for issuing or not issu-
 ing an order of protection. The duration of such an order shall be fixed
 by the court and; (A) in the case of  a  felony  conviction,  shall  not
 exceed the greater of: (i) eight years from the date of such sentencing,
 except  where  the  sentence is or includes a sentence of probation on a
 conviction for a felony sexual  assault,  as  provided  in  subparagraph
 (iii)  of  paragraph  (a)  of  subdivision three of section 65.00 of the
 penal law, in which case, ten years from the date of such sentencing, or
 (ii) eight years from the date of the expiration of the maximum term  of
 an  indeterminate  or the term of a determinate sentence of imprisonment
 actually imposed; or (B) in the case of  a  conviction  for  a  class  A
 misdemeanor,  shall  not  exceed the greater of: (i) five years from the
 date of such sentencing, except where the  sentence  is  or  includes  a
 sentence  of probation on a conviction for a misdemeanor sexual assault,
 as provided in subparagraph (ii) of paragraph (b) of  subdivision  three
 of  section  65.00  of  the penal law, in which case, six years from the
 date of such sentencing or (ii) five years from the date of the  expira-
 tion  of  the  maximum  term of a definite or intermittent term actually
 imposed; or (C) in the case of a conviction for any other offense, shall
 not exceed the greater of: (i) two years from the date of sentencing, or
 (ii) two years from the date of the expiration of the maximum term of  a
 definite  or intermittent term actually imposed, PROVIDED, HOWEVER, THAT
 IN THE CASE OF A CONVICTION FOR AN OFFENSE FOR WHICH REGISTRATION  AS  A
 SEX OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION TWO OR THREE OF SECTION
 ONE  HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW, AND THE VICTIM OF SUCH
 OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF SUCH  OFFENSE,  THE
 DURATION  OF  AN ORDER OF PROTECTION ISSUED PURSUANT TO THIS SUBDIVISION
 MAY BE, BUT SHALL NOT EXCEED, THE GREATER  OF  THE  APPLICABLE  DURATION
 PROVIDED  FOR  IN  THE FOREGOING PROVISIONS OF THIS SUBDIVISION OR UNTIL
 THE VICTIM OF SUCH OFFENSE ATTAINS THE AGE OF EIGHTEEN.  For purposes of
 determining the duration of an order of protection entered  pursuant  to
 this  subdivision,  a conviction shall be deemed to include a conviction
 that has been replaced by a youthful offender adjudication.  In addition
 to any other conditions such an order may require that the defendant:

 A. 8270                            13
 
   § 17. The opening paragraph of subdivision 4 of section 530.13 of  the
 criminal  procedure law, as amended by chapter 9 of the laws of 2011, is
 amended to read as follows:
   Upon  sentencing  on a conviction for any offense, where the court has
 not issued an order of protection pursuant to  section  530.12  of  this
 article,  the court may, in addition to any other disposition, including
 a conditional discharge or  youthful  offender  adjudication,  enter  an
 order  of  protection. Where a temporary order of protection was issued,
 the court shall state on the record the reasons for issuing or not issu-
 ing an order of protection. The duration of such an order shall be fixed
 by the court and, in the case of a felony conviction, shall  not  exceed
 the greater of: (i) five years from the date of such sentencing, or (ii)
 three  years  from  the date of the expiration of the maximum term of an
 indeterminate sentence of imprisonment actually imposed; or in the  case
 of  a conviction for a class A misdemeanor, shall not exceed three years
 from the date of such sentencing; or in the case of a conviction for any
 other offense, shall not exceed one year from the  date  of  sentencing,
 PROVIDED,  HOWEVER,  THAT IN THE CASE OF A CONVICTION FOR AN OFFENSE FOR
 WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO SUBDIVISION
 TWO OR THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW,
 AND THE VICTIM OF SUCH OFFENSE WAS UNDER THE AGE OF EIGHTEEN AT THE TIME
 OF SUCH OFFENSE, THE DURATION OF AN ORDER OF PROTECTION ISSUED  PURSUANT
 TO  THIS  SUBDIVISION  MAY  BE, BUT SHALL NOT EXCEED, THE GREATER OF THE
 APPLICABLE DURATION PROVIDED FOR IN THE  FOREGOING  PROVISIONS  OF  THIS
 SUBDIVISION OR UNTIL THE VICTIM OF SUCH OFFENSE ATTAINS THE AGE OF EIGH-
 TEEN.    For  purposes  of  determining  the  duration  of  an  order of
 protection entered pursuant to this subdivision, a conviction  shall  be
 deemed  to  include  a  conviction  that has been replaced by a youthful
 offender adjudication. In addition to any other conditions such an order
 may require that the defendant:
   § 18. No municipal corporation, as defined in section 2 of the general
 municipal law, shall, on or after the effective date of the  chapter  of
 the  laws  of 2021 that created this section, enact any local law, ordi-
 nance, code, rule or regulation requiring a sex offender, as  such  term
 is  defined  by  section  168-a  of the correction law, to comply with a
 residency restriction. The provisions of this act shall  invalidate  and
 preempt  any such local law, ordinance, code, rule or regulation enacted
 after the effective date of the chapter of the laws of 2021  that  added
 this section.
   §  19.  The  provisions  of  this act shall preempt and invalidate any
 local law, ordinance, code, rule or regulation enacted before the effec-
 tive date of the chapter of the laws of 2021  that  added  this  section
 requiring  a  sex  offender, as such term is defined by section 168-a of
 the correction law, to comply with a residency restriction, except  that
 nothing  in  this act shall preclude any local probation department from
 enforcing any lawful condition of probation that may  be  imposed  on  a
 sentenced offender.
   § 20. The district attorney may file a petition to seek the imposition
 of a residency restriction for: (i) a sex offender classified as a level
 2  or  3 offender who stands convicted of a felony which requires regis-
 tration pursuant to article 6-C of the correction  law  and  who  is  at
 liberty  on  the effective date of this act; and (ii) a sex offender who
 was convicted of a felony which requires registration pursuant to  arti-
 cle  6-C  of  the correction law prior to the effective date of this act
 and is incarcerated in a state or local  correctional  facility  on  the
 effective date of this act and is classified as a level 2 or 3 offender.

 A. 8270                            14
 
 A  petition  filed  pursuant  to  paragraph (i) of this section shall be
 filed with the sentencing court or the court  which  made  the  determi-
 nation  regarding  the level of notification of such offender within one
 year  of  the  effective  date of this act. A petition filed pursuant to
 paragraph (ii) of this section shall be filed with the sentencing  court
 or the court which made the determination regarding the level of notifi-
 cation  of such offender within one year of the release of such offender
 from incarceration. The petition shall set forth the reasons for seeking
 the residency restriction and  the  district  attorney  shall  bear  the
 burden,  by clear and convincing evidence, of proving the facts support-
 ing the imposition of a residency restriction. Upon receipt of  a  peti-
 tion  submitted  pursuant  to this section, the court shall proceed in a
 manner consistent with subdivision 4 of section 168-o of the  correction
 law.  Applying  the guidelines established in subdivision 5-a of section
 168-1 of the correction law, the court shall determine whether to impose
 a residency restriction on the offender named in the  petition  pursuant
 to  section  168-w of the correction law. In the event that the district
 attorney's petition is granted, the sex offender may appeal as of  right
 from  the order, pursuant to the provisions of articles 55, 56 and 57 of
 the civil practice law and rules. Where counsel  has  been  assigned  to
 represent  the  offender  upon  the ground that he or she is financially
 unable to retain counsel, that assignment shall be continued  throughout
 the pendency of the appeal, and the person may proceed as a poor person,
 pursuant to article 18-B of the county law.
   § 21. This act shall take effect immediately, provided that the amend-
 ments to the opening paragraph of subdivision 4 of section 530.13 of the
 criminal  procedure  law  made  by  section sixteen of this act shall be
 subject to the expiration and reversion of such  paragraph  pursuant  to
 section  74 of chapter 3 of the laws of 1995, as amended, when upon such
 date the provisions of section seventeen of this act shall take effect.