§ 168-K — Registration for change of address from another state

New York § 168-K

• Jurisdiction: New York
• Law COR: Correction
• Art. 6-C: Sex Offender Registration Act

Text

§ 168-k. Registration for change of address from another state. 1. A\nsex offender who has been convicted of an offense which requires\nregistration under paragraph (d) of subdivision two or paragraph (b) of\nsubdivision three of section one hundred sixty-eight-a of this article\nshall notify the division of the new address no later than ten calendar\ndays after such sex offender establishes residence in this state.\n 2. The division shall advise the board that the sex offender has\nestablished residence in this state. The board shall determine whether\nthe sex offender is required to register with the division. If it is\ndetermined that the sex offender is required to register, the division\nshall notify the sex offender of his or her duty to register under this\narticle and shall require the sex offender to sign a form as may be\nrequired by the division acknowledging that the duty to register and the\nprocedure for registration has been explained to the sex offender. The\ndivision shall obtain on such form the address where the sex offender\nexpects to reside within the state and the sex offender shall retain one\ncopy of the form and send two copies to the division which shall provide\nthe information to the law enforcement agency having jurisdiction where\nthe sex offender expects to reside within this state. No later than\nthirty days prior to the board making a recommendation, the sex offender\nshall be notified that his or her case is under review and that he or\nshe is permitted to submit to the board any information relevant to the\nreview. After reviewing any information obtained, and applying the\nguidelines established in subdivision five of section one hundred\nsixty-eight-l of this article, the board shall within sixty calendar\ndays make a recommendation regarding the level of notification pursuant\nto subdivision six of section one hundred sixty-eight-l of this article\nand whether such sex offender shall be designated a sexual predator,\nsexually violent offender, or predicate sex offender as defined in\nsubdivision seven of section one hundred sixty-eight-a of this article.\nThis recommendation shall be confidential and shall not be available for\npublic inspection. It shall be submitted by the board to the county\ncourt or supreme court and to the district attorney in the county of\nresidence of the sex offender and to the sex offender. It shall be the\nduty of the county court or supreme court in the county of residence of\nthe sex offender, applying the guidelines established in subdivision\nfive of section one hundred sixty-eight-l of this article, to determine\nthe level of notification pursuant to subdivision six of section one\nhundred sixty-eight-l of this article and whether such sex offender\nshall be designated a sexual predator, sexually violent offender, or\npredicate sex offender as defined in subdivision seven of section one\nhundred sixty-eight-a of this article. At least thirty days prior to the\ndetermination proceeding, such court shall notify the district attorney\nand the sex offender, in writing, of the date of the determination\nproceeding and the court shall also provide the district attorney and\nsex offender with a copy of the recommendation received from the board\nand any statement of the reasons for the recommendation received from\nthe board. This notice shall include the following statement or a\nsubstantially similar statement: "This proceeding is being held to\ndetermine whether you will be classified as a level 3 offender (risk of\nrepeat offense is high), a level 2 offender (risk of repeat offense is\nmoderate), or a level 1 offender (risk of repeat offense is low), or\nwhether you will be designated as a sexual predator, a sexually violent\noffender or a predicate sex offender, which will determine how long you\nmust register as a sex offender and how much information can be provided\nto the public concerning your registration. If you fail to appear at\nthis proceeding, without sufficient excuse, it shall be held in your\nabsence. Failure to appear may result in a longer period of registration\nor a higher level of community notification because you are not present\nto offer evidence or contest evidence offered by the district attorney."\nThe court shall also advise the sex offender that he or she has a right\nto a hearing prior to the court's determination, that he or she has the\nright to be represented by counsel at the hearing and that counsel will\nbe appointed if he or she is financially unable to retain counsel. A\nreturnable form shall be enclosed in the court's notice to the sex\noffender on which the sex offender may apply for assignment of counsel.\nIf the sex offender applies for assignment of counsel and the court\nfinds that the offender is financially unable to retain counsel, the\ncourt shall assign counsel to represent the sex offender pursuant to\narticle eighteen-B of the county law. If the district attorney seeks a\ndetermination that differs from the recommendation submitted by the\nboard, at least ten days prior to the determination proceeding the\ndistrict attorney shall provide to the court and the sex offender a\nstatement setting forth the determinations sought by the district\nattorney together with the reasons for seeking such determinations. The\ncourt shall allow the sex offender to appear and be heard. The state\nshall appear by the district attorney, or his or her designee, who shall\nbear the burden of proving the facts supporting the determinations\nsought by clear and convincing evidence. It shall be the duty of the\ncourt applying the guidelines established in subdivision five of section\none hundred sixty-eight-l of this article to determine the level of\nnotification pursuant to subdivision six of section one hundred\nsixty-eight-l of this article and whether such sex offender shall be\ndesignated a sexual predator, sexually violent offender, or predicate\nsex offender as defined in subdivision seven of section one hundred\nsixty-eight-a of this article. Where there is a dispute between the\nparties concerning the determinations, the court shall adjourn the\nhearing as necessary to permit the sex offender or the district attorney\nto obtain materials relevant to the determinations from the state board\nof examiners of sex offenders or any state or local facility, hospital,\ninstitution, office, agency, department or division. Such materials may\nbe obtained by subpoena if not voluntarily provided to the requesting\nparty. In making the determinations the court shall review any victim's\nstatement and any relevant materials and evidence submitted by the sex\noffender and the district attorney and the recommendation and any\nmaterial submitted by the board, and may consider reliable hearsay\nevidence submitted by either party, provided that it is relevant to the\ndeterminations. If available, facts proven at trial or elicited at the\ntime of a plea of guilty shall be deemed established by clear and\nconvincing evidence and shall not be relitigated. The court shall render\nan order setting forth its determinations and the findings of fact and\nconclusions of law on which the determinations are based. A copy of the\norder shall be submitted by the court to the division. Upon application\nof either party, the court shall seal any portion of the court file or\nrecord which contains material that is confidential under any state or\nfederal statute. Either party may appeal as of right from the order\npursuant to the provisions of articles fifty-five, fifty-six and\nfifty-seven of the civil practice law and rules. Where counsel has been\nassigned to represent the sex offender upon the ground that the sex\noffender is financially unable to retain counsel, that assignment shall\nbe continued throughout the pendency of the appeal, and the person may\nappeal as a poor person pursuant to article eighteen-B of the county\nlaw.\n 3. The division shall undertake an information campaign designed to\nprovide information to officials and appropriate individuals in other\nstates and United States possessions concerning the notification\nprocedures required by this article. Such information campaign shall be\nongoing, and shall include, but not be limited to, letters, notice forms\nand similar materials providing relevant information about this article\nand the specific procedures required to effect notification. Such\nmaterials shall include an address and telephone number which such\nofficials and individuals in other states and United States possessions\nmay use to obtain additional information.\n 4. If a sex offender, having been given notice, including the time and\nplace of the determination proceeding in accordance with this section,\nfails to appear at this proceeding, without sufficient excuse, the court\nshall conduct the hearing and make the determinations in the manner set\nforth in subdivision two of this section.\n