Senate Bill S1972

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1972
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced by Sen. SEPULVEDA -- 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, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01152-01-3
              

 S. 1972                             2
 
 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,
 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
 S. 1972                             3
 
 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 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
 S. 1972                             4

 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
 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
 S. 1972                             5

 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.  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
 S. 1972                             6
 
 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.
   §  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
 S. 1972                             7
 
 register [or], for a modification of his or her level of notification OR
 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-
 S. 1972                             8
 
 sel has been assigned to represent the  offender  at  the  determination
 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-
 S. 1972                             9
 
 NATION.  THE SEX OFFENDER SHALL BEAR THE BURDEN  OF  PROVING  THE  FACTS
 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
 S. 1972                            10
 
 petition. After reviewing the recommendation received from the board and
 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  renumbered  by  chapter
 604  of  the laws of 2005, is renumbered 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.
 S. 1972                            11
 
   3. THE COURT SHALL DETERMINE THE DURATION OF THE RESIDENCY RESTRICTION
 IMPOSED   PURSUANT   TO   THIS  SECTION  PROVIDED,  HOWEVER,  THAT  SUCH
 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
 S. 1972                            12
 
 offender  shall  refrain from knowingly entering into or upon any school
 grounds, as that term is defined in PARAGRAPH (A) OF  subdivision  four-
 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
 S. 1972                            13
 
 that has been replaced by a youthful offender adjudication.  In addition
 to any other conditions such an order may require that the defendant:
   §  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 2023 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 2023  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 2023  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
 S. 1972                            14
 
 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  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.