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This entry was published on 2014-09-22
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SECTION 168-M
Review
Correction (COR) CHAPTER 43, ARTICLE 6-C
§ 168-m. Review. Notwithstanding any other provision of law to the
contrary, any state or local correctional facility, hospital or
institution, district attorney, law enforcement agency, probation
department, state board of parole, court or child protective agency
shall forward relevant information pertaining to a sex offender to be
discharged, paroled, released to post-release supervision or released to
the board for review no later than one hundred twenty days prior to the
release or discharge and the board shall make recommendations as
provided in subdivision six of section one hundred sixty-eight-l of this
article within sixty days of receipt of the information. Information may
include, but may not be limited to all or a portion of the arrest file,
prosecutor's file, probation or parole file, child protective file,
court file, commitment file, medical file and treatment file pertaining
to such person. Such person shall be permitted to submit to the board
any information relevant to the review. Upon application of the sex
offender or the district attorney, the court shall seal any portion of
the board's file pertaining to the sex offender that contains material
that is confidential under any state or federal law; provided, however,
that in any subsequent proceedings in which the sex offender who is the
subject of the sealed record is a party and which requires the board to
provide a recommendation to the court pursuant to this article, such
sealed record shall be available to the sex offender, the district
attorney, the court and the attorney general where the attorney general
is a party, or represents a party, in the proceeding.