S03645 Summary:

BILL NOS03645D
 
SAME ASNo same as
 
SPONSORGRIFFO
 
COSPNSRNOZZOLIO, DEFRANCISCO, GALLIVAN, GOLDEN, KENNEDY, LARKIN, LITTLE, MARTINS, MAZIARZ, RANZENHOFER, RITCHIE, ROBACH, SEWARD, ZELDIN
 
MLTSPNSR
 
Add Art 6-B SS162 - 167-q, Cor L
 
Enacts "Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special 900 telephone number; requires the division to maintain a subdirectory of violent predators.
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S03645 Actions:

BILL NOS03645D
 
02/28/2011REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
03/23/2011AMEND (T) AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
03/23/2011PRINT NUMBER 3645A
05/03/2011REPORTED AND COMMITTED TO FINANCE
05/05/2011AMEND AND RECOMMIT TO FINANCE
05/05/2011PRINT NUMBER 3645B
05/10/20111ST REPORT CAL.583
05/11/2011AMENDED 3645C
05/11/20112ND REPORT CAL.
05/16/2011ADVANCED TO THIRD READING
05/17/2011PASSED SENATE
05/17/2011DELIVERED TO ASSEMBLY
05/17/2011referred to correction
01/04/2012died in assembly
01/04/2012returned to senate
01/04/2012REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
03/07/2012REPORTED AND COMMITTED TO FINANCE
06/15/2012AMEND AND RECOMMIT TO FINANCE
06/15/2012PRINT NUMBER 3645D
06/19/2012COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/19/2012ORDERED TO THIRD READING CAL.1350
06/19/2012PASSED SENATE
06/19/2012DELIVERED TO ASSEMBLY
06/19/2012referred to correction
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S03645 Memo:

Memo not available
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S03645 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3645--D
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                    February 28, 2011
                                       ___________
 
        Introduced  by  Sens.  GRIFFO,  NOZZOLIO, DeFRANCISCO, GALLIVAN, GOLDEN,
          KENNEDY,  LARKIN,  LITTLE,  MARTINS,  MAZIARZ,  RANZENHOFER,  RITCHIE,
          ROBACH,  SEWARD,  ZELDIN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction -- committee discharged, bill amended, ordered reprinted as

          amended  and  recommitted to said committee -- reported favorably from
          said committee and committed to the Committee on Finance --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported favorably from said committee, ordered
          to first report, amended on first report, ordered to a second  report,
          and  to  be  reprinted as amended, retaining its place in the order of
          second report -- recommitted to the Committee on Crime Victims,  Crime
          and  Correction  in  accordance with Senate Rule 6, sec. 8 -- reported
          favorably from said  committee  and  committed  to  the  Committee  on
          Finance  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN ACT to amend the correction law, in relation to enacting  "Brittany's
          Law"
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may  be  cited  as  "Brittany's
     2  Law".
     3    § 2. The correction law is amended by adding a new article 6-B to read
     4  as follows:
     5                                 ARTICLE 6-B
     6                    VIOLENT FELONY OFFENDER REGISTRATION
     7  Section 162.   Definitions.
     8          163.   Duties of the division; registration information.
     9          164.   Violent felony offender; relocation; notification.
    10          165.   Duties of the court.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

                                                                   LBD07018-15-2

        S. 3645--D                          2
 
     1          166.   Discharge  of  violent  felony offender from correctional
     2                   facility; duties of official in charge.
     3          167.   Duty to register.
     4          167-a. Prior convictions; duty to inform and register.
     5          167-b. Duration of registration.
     6          167-c. Registration requirements.
     7          167-d. Notification  of local law enforcement agencies of change
     8                   of address.
     9          167-e. Registration for change of address from another state.
    10          167-f. Board of examiners of violent felony offenders.
    11          167-g. Review.

    12          167-h. Judicial determination.
    13          167-i. Petition for relief.
    14          167-j. Special "900" telephone number.
    15          167-k. Violent predator subdirectory.
    16          167-l. Immunity from liability.
    17          167-m. Annual report.
    18          167-n. Failure to register; penalty.
    19          167-o. Unauthorized release of information.
    20          167-p. Severability.
    21          167-q. Subdirectory; internet posting.
    22    § 162. Definitions. As used in this article, the following definitions
    23  apply:
    24    1. "Violent felony offender" includes any person who is convicted of a
    25  violent felony offense as defined under section 70.02 of the penal  law.

    26  Convictions  that  result  from  or  are connected with the same act, or
    27  result from offenses committed at the same time, shall  be  counted  for
    28  the purpose of this article as  one conviction. Any conviction set aside
    29  pursuant to law is not a conviction for purposes of this article.
    30    2.  "Violent  felony  offense"  means  a  conviction for an offense as
    31  defined under section 70.02 of the penal law or a class A felony offense
    32  defined in the penal law other than a class A offense defined in article
    33  two hundred twenty of the penal law.
    34    3. "Law enforcement agency having jurisdiction" means  the  chief  law
    35  enforcement  officer  in  the village, town or city in which the violent

    36  felony offender expects to reside upon his or her discharge,  probation,
    37  parole or upon any form of state or local conditional release.
    38    4.  "Division"  means the division of criminal justice services estab-
    39  lished under article thirty-five of the executive law.
    40    5. "Hospital" means a  hospital  as  defined  in  subdivision  two  of
    41  section four hundred of this chapter and applies to persons committed to
    42  such hospital by order of commitment made pursuant to article sixteen of
    43  this chapter.
    44    6.  "Violent  predator"  means  a  person  who has been convicted of a
    45  violent felony offense as defined in this article, or a  violent  felony
    46  offender  as  defined  in  this article who suffers from a mental abnor-

    47  mality that makes such person likely to engage in violent conduct.
    48    7. "Mental abnormality" means a congenital or acquired condition of  a
    49  person  that  affects the emotional or volitional capacity of the person
    50  in a manner that predisposes that person to the commission  of  criminal
    51  violent  acts  to  a degree that makes the person a menace to the health
    52  and safety of other persons.
    53    8. "Board" means the board of examiners of  violent  felony  offenders
    54  established  pursuant to section one hundred sixty-seven-f of this arti-
    55  cle.

        S. 3645--D                          3
 
     1    9. "Local correctional facility" means a local  correctional  facility

     2  as  that  term  is defined in subdivision sixteen of section two of this
     3  chapter.
     4    §  163. Duties of the division; registration information. 1. The divi-
     5  sion shall establish and maintain a  file  of  individuals  required  to
     6  register  pursuant to the provisions of this article which shall include
     7  the following information of each registrant:
     8    (a) The violent felony offender's name,  all  aliases  used,  date  of
     9  birth,  sex,  race,  height, weight, eye color, driver's license number,
    10  home address and/or expected place of domicile.
    11    (b) A photograph and set of fingerprints.
    12    (c) A description of the offense for which the violent felony offender
    13  was convicted, the date of conviction and the sentence imposed.

    14    (d) Any other information deemed pertinent by the division.
    15    2. The division is authorized to make the registry  available  to  any
    16  regional  or  national  registry  of  violent  felony  offenders for the
    17  purpose of sharing information. The division shall accept files from any
    18  regional or national registry of violent felony offenders and shall make
    19  such files available when requested pursuant to the provisions  of  this
    20  article.  The division shall require that no information included in the
    21  registry shall be made  available  except  in  the  furtherance  of  the
    22  provisions of this article.
    23    3.  The  division shall develop a standardized registration form to be
    24  made available to the appropriate authorities and promulgate  rules  and

    25  regulations to implement the provisions of this section.
    26    4.  The  division shall mail a nonforwardable verification form to the
    27  last reported address of the person  for  annual  verification  require-
    28  ments.
    29    5.  The  division  shall  also  establish  and operate a 900 number as
    30  provided for in section one hundred sixty-seven-j of this article.
    31    6. The division shall also establish a violent  predator  subdirectory
    32  pursuant to section one hundred sixty-seven-k of this article.
    33    7.  The  division  shall also establish a public awareness campaign to
    34  advise the public of the provisions of this article.
    35    § 164. Violent felony offender; relocation; notification.  1.  In  the

    36  case of any violent felony offender, it shall be the duty of the depart-
    37  ment, hospital or local correctional facility at least ten calendar days
    38  prior  to the release or discharge of any violent felony offender from a
    39  correctional facility, hospital or local correctional facility to notify
    40  the law enforcement agency having jurisdiction  where  appropriate,  and
    41  law enforcement agency having had jurisdiction at the time of his or her
    42  conviction,  of  the  contemplated  release or discharge of such violent
    43  felony offender, informing such law enforcement agencies of the name and
    44  aliases of the violent felony offender, the address at which he  or  she
    45  proposes  to  reside, the address at which he or she resided at the time

    46  of his or her conviction, the amount of time remaining to be served,  if
    47  any,  on the full term for which he or she was sentenced, and the nature
    48  of the crime for which he or she was sentenced, transmitting at the same
    49  time a copy of such violent felony offender's  fingerprints  and  photo-
    50  graph and a summary of his or her criminal record. If such violent felo-
    51  ny  offender changes his or her place of residence while on parole, such
    52  notification of the change of residence shall be  sent  by  the  violent
    53  felony  offender's  parole  officer  within forty-eight hours to the law
    54  enforcement agency in which the new place of residence is located.
    55    2. In the case of any violent felony offender convicted and  sentenced

    56  to probation, conditional discharge or unconditional discharge, it shall

        S. 3645--D                          4
 
     1  be the duty of the court within twenty-four hours after such sentence to
     2  notify  the  law enforcement agency having jurisdiction, where appropri-
     3  ate, and of the law enforcement agency having had  jurisdiction  at  the
     4  time  of  his  or  her  conviction,  if  different  from where he or she
     5  currently resides, and/or where he or  she  currently  resides,  of  the
     6  sentence of probation, conditional discharge or unconditional discharge,
     7  informing  such  law enforcement agencies of the name and aliases of the
     8  person, the address at which he or she proposes to  reside,  resided  at

     9  and/or  at  which  he or she currently resides, the amount of time to be
    10  served on probation, and the nature of the crime for which he or she was
    11  sentenced, transmitting at the same time a copy of such  violent  felony
    12  offender's fingerprints and photograph and a summary of his or her crim-
    13  inal  record. If such person changes his or her place of residence while
    14  on probation, such notification of the change of residence shall be sent
    15  by the violent felony offender's probation  officer  within  forty-eight
    16  hours to the law enforcement agency having jurisdiction in which the new
    17  place of residence is located.
    18    3.  In  the  case of any violent felony offender, who on the effective

    19  date of this subdivision is on parole or probation, it shall be the duty
    20  of such violent felony offender's parole  or  probation  officer  within
    21  forty-five  calendar  days  of the effective date of this subdivision to
    22  notify the law enforcement agency having had jurisdiction in which  such
    23  person  resided  at the time of his or her conviction, if different from
    24  where he or she currently resides  and/or  where  he  or  she  currently
    25  resides,  of  the  name and aliases of such violent felony offender, the
    26  address at which he or she resided and/or at which he or  she  currently
    27  resides,  the  amount  of  time to be served on parole or probation, the
    28  nature of the crime for which he or she was sentenced,  transmitting  at

    29  the  same time a copy of such violent felony offender's fingerprints and
    30  photograph and a summary of his or her criminal record. If such  violent
    31  felony offender changes his or her place of residence while on parole or
    32  probation, such notification of the change of residence shall be sent by
    33  the  violent felony offender's parole or probation officer within forty-
    34  eight hours to the law enforcement agency having jurisdiction  in  which
    35  the new place of residence is located.
    36    4.  In  the  case  in which any violent felony offender escapes from a
    37  state or local correctional facility or hospital, the  designated  offi-
    38  cial  of  the  facility  or hospital where the person was confined shall

    39  notify within twenty-four hours the law enforcement  agency  having  had
    40  jurisdiction  at  the  time of his or her conviction, informing such law
    41  enforcement agency of the name  and  aliases  of  the  person,  and  the
    42  address at which he or she resided at the time of his or her conviction,
    43  the  amount  of time remaining to be served if any, on the full term for
    44  which he or she was sentenced, and the nature of the crime for which  he
    45  or  she  was  sentenced,  transmitting  at  the same time a copy of such
    46  violent felony offender's fingerprints and photograph and a  summary  of
    47  his or her criminal record.
    48    § 165. Duties of the court. 1. Upon conviction the court shall certify

    49  that  the  person  is  a  violent  felony offender and shall include the
    50  certification in the order of commitment. The court  shall  also  advise
    51  the violent felony offender of the duties of this article.
    52    2.  Any  violent  felony  offender,  who  is  released on probation or
    53  discharged upon payment of a  fine  shall,  prior  to  such  release  or
    54  discharge, be informed of his or her duty to register under this article
    55  by  the court in which he or she was convicted. Where the court orders a
    56  violent felony offender released on probation, such order must include a

        S. 3645--D                          5
 
     1  provision requiring that he or she comply with the requirements of  this

     2  article.  Where  such  violent  felony offender violates such provision,
     3  probation may be immediately revoked in the manner provided  by  article
     4  four  hundred ten of the criminal procedure law. The court shall require
     5  the violent felony offender to  read  and  sign  such  form  as  may  be
     6  required  by the division stating the duty to register and the procedure
     7  for registration has been explained to him or her. The  court  shall  on
     8  such  form  obtain the address where the violent felony offender expects
     9  to reside upon his or her release, and shall report the address  to  the
    10  division. The court shall give one copy of the form to the violent felo-
    11  ny  offender  and  shall  send  two  copies  to the division which shall

    12  forward one copy to the law enforcement agency having jurisdiction where
    13  the violent felony offender expects to reside upon his or  her  release.
    14  Within  ten  calendar  days of being released on probation or discharged
    15  upon payment of a fine, such violent felony offender shall register with
    16  the division for purposes of verifying such  violent  felony  offender's
    17  intended  place of residence.  On each anniversary of the violent felony
    18  offender's original registration date, the  provisions  of  section  one
    19  hundred  sixty-seven  of  this article shall apply.   The division shall
    20  also immediately forward the conviction data  and  fingerprints  to  the
    21  Federal Bureau of Investigation if not already obtained.

    22    3.  For  violent  felony offenders under this section, it shall be the
    23  duty of the court applying the  guidelines  established  in  subdivision
    24  five  of  section one hundred sixty-seven-f of this article to determine
    25  the duration of registration pursuant to section one hundred  sixty-sev-
    26  en-b  of  this  article  and notification pursuant to subdivision six of
    27  section one hundred sixty-seven-f of this article.  In making the deter-
    28  mination, the court shall review any victim's statement and any  materi-
    29  als submitted by the violent felony offender. The court shall also allow
    30  the  violent  felony  offender  to  appear  and be heard, and inform the
    31  violent felony offender of his or her right to have  counsel  appointed,
    32  if necessary.

    33    §  166. Discharge of violent felony offender from correctional facili-
    34  ty; duties of official in charge. 1. Any violent felony offender, to  be
    35  discharged,  paroled  or  released  from any state or local correctional
    36  facility, hospital or institution  where  he  or  she  was  confined  or
    37  committed,  shall  within  forty-five  calendar days prior to discharge,
    38  parole or release, be informed of his or her duty to register under this
    39  article, by the facility in which he or she was confined  or  committed.
    40  The  facility shall require the violent felony offender to read and sign
    41  such form as may be required by the division stating the duty to  regis-
    42  ter and the procedure for registration has been explained to him or her.

    43  The  facility  shall  obtain  on such form the address where the violent
    44  felony offender expects to reside upon his or her discharge,  parole  or
    45  release and shall report the address to the division. The facility shall
    46  give  one copy of the form to the violent felony offender and shall send
    47  two copies to the division which shall  forward  one  copy  to  the  law
    48  enforcement agency having jurisdiction where the violent felony offender
    49  expects to reside upon his or her discharge, parole or release. In addi-
    50  tion,  the  facility  shall  give  the violent felony offender a form to
    51  register with the division within ten  calendar  days  for  purposes  of
    52  verifying such violent felony offender's intended place of residence.

    53    2.  The  division  shall also immediately transmit the conviction data
    54  and fingerprints to the Federal Bureau of Investigation, if not  already
    55  obtained.

        S. 3645--D                          6
 
     1    §  167.  Duty  to  register.  1.  Any  violent felony offender, who is
     2  discharged, paroled or released from any  state  or  local  correctional
     3  facility,  hospital  or  institution  where  he  or  she was confined or
     4  committed, shall register with the division within ten calendar days for
     5  purposes  of  verifying such violent felony offender's intended place of
     6  residence.
     7    2. For a violent felony offender required to register under this arti-

     8  cle on each anniversary of the violent felony offender's initial  regis-
     9  tration  date during the period on which he or she is required to regis-
    10  ter under this section the following applies:
    11    (a) The violent felony offender shall mail the  verification  form  to
    12  the division within ten calendar days after receipt of the form.
    13    (b) The verification form shall be signed by the violent felony offen-
    14  der, and state that he or she still resides at the address last reported
    15  to the division.
    16    (c) If the violent felony offender fails to mail the verification form
    17  to  the  division within ten calendar days after receipt of the form, he
    18  or she shall be in violation of this section unless  he  or  she  proves

    19  that he or she has not changed his or her residence address.
    20    3.  The provisions of subdivision two of this section shall be applied
    21  to a violent felony offender required to  register  under  this  article
    22  except  that such violent felony offender designated as a violent preda-
    23  tor must personally verify with the local law  enforcement  agency,  the
    24  registration  every  ninety  calendar days after the date of the initial
    25  release or commencement of parole.
    26    4. Any violent felony offender shall register with the division within
    27  ten calendar days prior to any change of address. The division shall, if
    28  the violent felony offender changes residence to another  state,  notify
    29  the  appropriate  state  law  enforcement  agency with which the violent

    30  felony offender must register in the new state. If any  person  required
    31  to  register  as  provided in this article changes the address of his or
    32  her residence, the violent felony offender  shall  within  ten  calendar
    33  days, inform in writing the law enforcement agency where last registered
    34  of  the  new  address.  The  law  enforcement agency shall, within three
    35  calendar days of receipt of the new address, forward this information to
    36  the division and to the law enforcement agency  having  jurisdiction  in
    37  the new place of residence.
    38    5. The duty to register under the provisions of this article shall not
    39  be  applicable  to  any  violent  felony  offender  whose conviction was
    40  reversed upon appeal or who was pardoned by the governor.

    41    § 167-a. Prior convictions; duty to  inform  and  register.  1.    The
    42  department  or  the  probation department supervising the violent felony
    43  offender or department of probation  and  correctional  alternatives  in
    44  accordance  with risk factors pursuant to section one hundred sixty-sev-
    45  en-f of this article shall determine the duration of registration pursu-
    46  ant to section one hundred sixty-seven-b of this article  and  notifica-
    47  tion for every violent felony offender who on the effective date of this
    48  article  is  then on parole or probation for committing a violent felony
    49  offense or a class A offense defined in the penal law except for a class
    50  A offense defined in article two hundred twenty of the penal law.

    51    2. Every violent felony offender who on the  effective  date  of  this
    52  article  is  then  on  parole  or probation for a violent felony offense
    53  shall within ten calendar days of such determination register  with  his
    54  or  her  parole or probation officer. On each anniversary of the violent
    55  felony offender's initial registration date thereafter,  the  provisions
    56  of  section  one  hundred  sixty-seven  of this article shall apply. Any

        S. 3645--D                          7
 
     1  violent felony offender who fails or  refuses  to  so  comply  shall  be
     2  subject  to the same penalties as otherwise provided for in this article
     3  which would be imposed upon a  violent  felony  offender  who  fails  or

     4  refuses  to  so  comply  with the provisions of this article on or after
     5  such effective date.
     6    3. It shall be the duty of the parole or probation officer  to  inform
     7  and  register such violent felony offender according to the requirements
     8  imposed by this article. A parole or probation officer  shall  give  one
     9  copy  of the form to the violent felony offender and shall, within three
    10  calendar days, send two copies electronically or otherwise to the  divi-
    11  sion which shall forward one copy electronically or otherwise to the law
    12  enforcement agency having jurisdiction where the violent felony offender
    13  resides  upon his or her parole, probation, or upon any form of state or
    14  local conditional release.

    15    4. A petition for relief from this section is permitted to any violent
    16  felony offender  required  to  register  while  released  on  parole  or
    17  probation pursuant to section one hundred sixty-seven-i of this article.
    18    §  167-b. Duration of registration. The duration of registration for a
    19  violent felony offender shall be annually for a period of ten years from
    20  the initial date of registration, provided, however, that for a  violent
    21  predator,  shall annually register and verify quarterly for a minimum of
    22  ten years unless the court determines in  accordance  with  section  one
    23  hundred sixty-seven-i of this article, that the person no longer suffers
    24  from a mental abnormality that would make him or her likely to engage in

    25  a predatory violent offense.
    26    §  167-c.  Registration requirements. Registration as required by this
    27  article shall consist of a statement in writing signed  by  the  violent
    28  felony  offender giving the information that is required by the division
    29  and the division shall enter the information into an  appropriate  elec-
    30  tronic database or file.
    31    §  167-d.  Notification of local law enforcement agencies of change of
    32  address. 1. Upon receipt of a change of  address  by  a  violent  felony
    33  offender required to register under this article, the local law enforce-
    34  ment  agency  where  the  violent  felony offender last registered shall
    35  within three calendar days of receipt of the new address,  forward  this

    36  information  to  the  division  and  to the local law enforcement agency
    37  having jurisdiction of the new place of residence.
    38    2. A change of address by a violent felony offender required to regis-
    39  ter under this article shall be immediately reported by the division  to
    40  the  appropriate  law  enforcement  agency having jurisdiction where the
    41  violent felony offender is residing.
    42    3. Upon receipt of  change  of  address  information,  the  local  law
    43  enforcement  agency  having  jurisdiction  of the new place of residence
    44  shall adhere to the notification provisions set forth in subdivision six
    45  of section one hundred sixty-seven-f of this article.
    46    § 167-e. Registration for change of  address  from  another  state.  A

    47  violent  felony  offender  who  has  been  convicted of an offense which
    48  requires registration under section one hundred  sixty-seven-c  of  this
    49  article  shall  register the new address with the division no later than
    50  ten calendar days after such violent felony offender  establishes  resi-
    51  dence  in  this state. The division shall coordinate with the designated
    52  law enforcement agency of the state of which the individual departed  on
    53  information relevant to the duration of registration.
    54    §  167-f.  Board  of  examiners  of violent felony offenders. 1. There
    55  shall be a board of examiners of violent felony  offenders  which  shall
    56  possess  the  powers  and  duties specified in this section.  Such board


        S. 3645--D                          8
 
     1  shall consist of five members of the department who shall  be  appointed
     2  by  the  governor,  three  of  whom shall be experts in the field of the
     3  behavior and treatment of violent felony offenders.  The term of  office
     4  of  each member of such board shall be for six years; provided, however,
     5  that any member chosen to fill a vacancy  occurring  otherwise  than  by
     6  expiration of term shall be appointed for the remainder of the unexpired
     7  term  of  the  member  whom he or she is to succeed. In the event of the
     8  inability to act of any member, the governor may appoint some  competent
     9  informed  person  to  act  in his or her stead during the continuance of
    10  such disability.

    11    2. The governor shall designate one of the members  of  the  board  as
    12  chairman  to  serve  in such capacity at the pleasure of the governor or
    13  until the member's term of office expires and a successor is  designated
    14  in accordance with law, whichever first occurs.
    15    3.  Any  member  of the board may be removed by the governor for cause
    16  after an opportunity to be heard.
    17    4. Except as otherwise provided by law, a majority of the board  shall
    18  constitute a quorum for the transaction of all business of the board.
    19    5.  The  board  shall  develop guidelines and procedures to assess the
    20  risk of a repeat offense by such violent felony offender and the  threat
    21  posed to the public safety. Such guidelines shall be based upon, but not

    22  limited to, the following:
    23    (a)  criminal  history  factors  indicative  of  high  risk  of repeat
    24  offense, including: (i) whether the violent felony offender has a mental
    25  abnormality;
    26    (ii) whether the violent felony offender's conduct  was  found  to  be
    27  characterized  by  repetitive  and  compulsive behavior, associated with
    28  drugs or alcohol;
    29    (iii) whether the violent felony offender served the maximum term;
    30    (iv) whether the violent felony offender committed the violent  felony
    31  offense against a child;
    32    (v)  the age of the violent felony offender at the time of the commis-
    33  sion of the first violent offense;
    34    (b) other criminal history factors to  be  considered  in  determining

    35  risk, including:
    36    (i)  the  relationship  between  such  violent felony offender and the
    37  victim;
    38    (ii) whether the offense involved the use of  a  weapon,  violence  or
    39  infliction of serious bodily injury;
    40    (iii) the number, date and nature of prior offenses;
    41    (c)  conditions of release that minimize risk of re-offense, including
    42  but not limited to whether the violent felony offender is  under  super-
    43  vision;  receiving  counseling,  therapy  or treatment; or residing in a
    44  home situation that provides guidance and supervision;
    45    (d) physical conditions that minimize risk  of  re-offense,  including
    46  but not limited to advanced age or debilitating illness;

    47    (e)  whether  psychological or psychiatric profiles indicate a risk of
    48  recidivism;
    49    (f) the violent felony offender's response to treatment;
    50    (g) recent behavior, including behavior while confined;
    51    (h) recent threats or  gestures  against  persons  or  expressions  of
    52  intent to commit additional offenses; and
    53    (i) review of any victim impact statement.
    54    6.  Applying  these  guidelines, the board shall within sixty calendar
    55  days prior to the discharge, parole  or  release  of  a  violent  felony
    56  offender make a recommendation which shall be confidential and shall not

        S. 3645--D                          9
 
     1  be available for public inspection, to the sentencing court as to wheth-

     2  er  such  violent  felony  offender  warrants the designation of violent
     3  predator. In addition, the guidelines shall be applied by the  board  to
     4  make  a recommendation to the sentencing court, providing for one of the
     5  following  three  levels  of  notification  notwithstanding  any   other
     6  provision  of law depending upon the degree of the risk of re-offense by
     7  the violent felony offender.
     8    (a) If the risk of repeat offense is  low,  a  level  one  designation
     9  shall  be  given  to  such violent felony offender. In such case the law
    10  enforcement agency having jurisdiction and the  law  enforcement  agency
    11  having  had  jurisdiction  at the time of his or her conviction shall be
    12  notified pursuant to this article.

    13    (b) If the risk of repeat offense is moderate, a level two designation
    14  shall be given to such violent felony offender. In  such  case  the  law
    15  enforcement  agency  having  jurisdiction and the law enforcement agency
    16  having had jurisdiction at the time of his or her  conviction  shall  be
    17  notified  and  may  disseminate  relevant  information which may include
    18  approximate address based on  violent  felony  offender's  zip  code,  a
    19  photograph   of  the  offender,  background  information  including  the
    20  offender's crime of conviction,  modus  of  operation,  type  of  victim
    21  targeted and the description of special conditions imposed on the offen-
    22  der  to  any entity with vulnerable populations related to the nature of

    23  the offense committed  by  such  violent  felony  offender.  Any  entity
    24  receiving  information  on  a  violent  felony  offender may disclose or
    25  further disseminate such information at their discretion.
    26    (c) If the risk of repeat offense is high and there exists a threat to
    27  the public safety, such  violent  felony  offender  shall  be  deemed  a
    28  "violent  predator" and a level three designation shall be given to such
    29  violent felony offender. In such case, the law enforcement agency having
    30  jurisdiction and the law enforcement agency having had  jurisdiction  at
    31  the  time of his or her conviction shall be notified and may disseminate
    32  relevant information which may include  the  violent  felony  offender's

    33  exact  address,  a  photograph  of  the offender, background information
    34  including the offender's crime of conviction, modus of  operation,  type
    35  of victim targeted, and the description of special conditions imposed on
    36  the  offender  to  any entity with vulnerable populations related to the
    37  nature of the offense committed by such violent felony offenders.
    38    Any entity receiving information on  a  violent  felony  offender  may
    39  disclose or further disseminate such information at their discretion. In
    40  addition,  in such case, the information described in this section shall
    41  also be provided in the subdirectory established  in  this  article  and
    42  notwithstanding any other provision of law, such information shall, upon

    43  request, be made available to the public.
    44    7.  Upon  request by the court, pursuant to section one hundred sixty-
    45  seven-i of this article, the  board  shall  provide  an  updated  report
    46  pertaining  to the violent felony offender petitioning relief of duty to
    47  register.
    48    § 167-g. Review. Notwithstanding any other provision  of  law  to  the
    49  contrary, any state or local correctional facility, hospital or institu-
    50  tion  shall  forward relevant information pertaining to a violent felony
    51  offender to be discharged, paroled or released to the board  for  review
    52  no  later than one hundred twenty days prior to the release or discharge
    53  and the board shall make recommendations as provided in subdivision  six

    54  of  section  one hundred sixty-seven-f of this article within sixty days
    55  of receipt of the information. Information may include but  may  not  be
    56  limited to the commitment file, medical file and treatment file pertain-

        S. 3645--D                         10
 
     1  ing  to  such  person.  Such  person shall be permitted to submit to the
     2  board any information relevant to the review.
     3    §  167-h.  Judicial determination. 1. A determination that an offender
     4  is a violent felony offender or a violent predator shall be  made  prior
     5  to  the  discharge, parole or release of such offender by the sentencing
     6  court after receiving  a  recommendation  from  the  board  pursuant  to
     7  section one hundred sixty-seven-f of this article.

     8    2.  In  addition, the sentencing court shall also make a determination
     9  with respect to the level of notification, after receiving a recommenda-
    10  tion from the board pursuant to section  one  hundred  sixty-seven-f  of
    11  this  article. Both determinations of the sentencing court shall be made
    12  thirty calendar days prior to discharge, parole or release.
    13    3. In making the determination, the court shall  review  any  victim's
    14  statement  and  any  materials submitted by the violent felony offender.
    15  The court shall also allow the violent felony offender to appear and  be
    16  heard,  and  inform  the  violent felony offender of his or her right to
    17  have counsel appointed, if necessary.
    18    4. Upon determination that the risk of repeat offense  and  threat  to

    19  public  safety is high, the sentencing court shall also notify the divi-
    20  sion of such fact for the purposes of section one hundred  sixty-seven-k
    21  of this article.
    22    5.  Upon  the  reversal of a conviction of the violent felony offense,
    23  the court shall order the expungement of any records required to be kept
    24  pursuant to this section.
    25    § 167-i. Petition for relief. Any violent felony offender required  to
    26  register pursuant to this article may be relieved of any further duty to
    27  register  upon  the  granting of a petition for relief by the sentencing
    28  court. Upon receipt of the petition for relief, the court  shall  notify
    29  the board and request an updated report pertaining to the violent felony

    30  offender. After receiving the report from the board, the court may grant
    31  or  deny  the relief sought. The court may consult with the victim prior
    32  to making a determination on the petition. Such  petition,  if  granted,
    33  shall  not  relieve  the  petitioner of the duty to register pursuant to
    34  this article upon conviction of any offense  requiring  registration  in
    35  the future.
    36    §  167-j.  Special  "900" telephone number. 1. Pursuant to section one
    37  hundred sixty-three of this article, the division shall also  operate  a
    38  "900"  telephone  number that members of the public may call and inquire
    39  whether a named individual required to register pursuant to this article
    40  is listed. The division shall ascertain whether a named  person  reason-

    41  ably  appears  to  be a person so listed and provide the caller with the
    42  relevant information according to risk as described in  subdivision  six
    43  of section one hundred sixty-seven-f of this article. The division shall
    44  decide  whether the named person reasonably appears to be a person list-
    45  ed, based upon information from the caller  providing  information  that
    46  shall  include  (a) an exact street address, including apartment number,
    47  driver's license number or birth date, along with additional information
    48  that may include social security number, hair color, eye color,  height,
    49  weight,  distinctive  markings, ethnicity; or (b) any combination of the
    50  above listed characteristics if an exact birth date or  address  is  not

    51  available.  If  three of the characteristics provided include ethnicity,
    52  hair color, and eye color, other identifying  characteristics  shall  be
    53  provided.  Any  information  identifying the victim by name, birth date,
    54  address or relation to the  person  listed  by  the  division  shall  be
    55  excluded by the division.

        S. 3645--D                         11
 
     1    2.  When the "900" number is called, a preamble shall be played before
     2  charges begin to accrue. The preamble shall run at least the  length  of
     3  time  required  by  federal law and shall provide the following informa-
     4  tion:
     5    (a) notice that the caller's telephone number will be recorded;
     6    (b) the charges for use of the "900" number;

     7    (c)  notice that the caller is required to identify himself or herself
     8  to the operator and provide current address and shall be maintained in a
     9  written record;
    10    (d) notice that the caller is required to be eighteen years of age  or
    11  older;
    12    (e)  a  warning that it is illegal to use information obtained through
    13  the "900" number to commit a crime  against  any  person  listed  or  to
    14  engage in illegal discrimination or harassment against such person;
    15    (f)  notice  that the caller is required to have the birth date, driv-
    16  er's license or identification number, or address or  other  identifying
    17  information  regarding  the  person  about whom information is sought in
    18  order to achieve a positive identification of that person;

    19    (g) a statement that the number is not a crime hotline  and  that  any
    20  suspected criminal activity should be reported to local authorities.
    21    3.  Whenever  there  is reasonable cause to believe that any person or
    22  group of persons is engaged in a pattern or practice of  misuse  of  the
    23  "900"  number, the attorney general, any district attorney or any person
    24  aggrieved by the misuse of the number is authorized  to  bring  a  civil
    25  action  in the appropriate court requesting preventive relief, including
    26  an application for a  permanent  or  temporary  injunction,  restraining
    27  order  or other order against the person or group of persons responsible
    28  for the pattern or practice of misuse. The foregoing remedies  shall  be

    29  independent of any other remedies or procedures that may be available to
    30  an  aggrieved  party under other provisions of law. Such person or group
    31  of persons shall be subject to a fine of  not  less  than  five  hundred
    32  dollars and not more than one thousand dollars.
    33    4.  The  division  shall submit to the legislature an annual report on
    34  the operation of the "900" telephone number.  The  annual  report  shall
    35  include, but not be limited to, all of the following:
    36    (a) number of calls received;
    37    (b)  amount  of  income earned per year through operation of the "900"
    38  number;
    39    (c) a detailed outline of the amount of money expended and the  manner
    40  in which it was expended for purposes of this section;

    41    (d)  number  of calls that resulted in an affirmative response and the
    42  number of calls that resulted in a  negative  response  with  regard  to
    43  whether a named individual was listed;
    44    (e) number of persons listed; and
    45    (f)  a  summary  of  the success of the "900" telephone number program
    46  based upon selected factors.
    47    § 167-k. Violent predator subdirectory. 1. The division shall maintain
    48  a subdirectory of violent predators. The subdirectory shall include  the
    49  exact  address  and photograph of the violent felony offender along with
    50  the following information, if available: name, physical description, age
    51  and distinctive markings. Background information including  the  violent

    52  felony  offender's  crime  of  conviction,  modus  of operation, type of
    53  victim targeted, and a description of special conditions imposed on  the
    54  violent  felony  offender shall also be included. The subdirectory shall
    55  have violent felony offender listings  categorized  by  county  and  zip
    56  code.  A  copy  of the subdirectory shall annually be distributed to the

        S. 3645--D                         12
 
     1  offices of local village, town or city police departments  for  purposes
     2  of  public access. Such departments shall require that a person in writ-
     3  ing express a purpose in order to have access to  the  subdirectory  and
     4  such department shall maintain these requests. Any information identify-

     5  ing  the  victim by name, birth date, address or relation to the violent
     6  felony offender shall be excluded from the subdirectory distributed  for
     7  purposes of public access. The subdirectory provided for in this section
     8  shall  be updated periodically to maintain its efficiency and usefulness
     9  and may be computer accessible.
    10    2. Any person who uses information disclosed pursuant to this  section
    11  in  violation  of the law shall in addition to any other penalty or fine
    12  imposed, be subject to a fine of not less than five hundred dollars  and
    13  not  more than one thousand dollars. Unauthorized removal or duplication
    14  of the subdirectory from the offices of local, village  or  city  police

    15  department  shall  be  punishable  by  a fine not to exceed one thousand
    16  dollars. In addition, the attorney general, any  district  attorney,  or
    17  any person aggrieved is authorized to bring a civil action in the appro-
    18  priate  court requesting preventive relief, including an application for
    19  a permanent or temporary injunction, restraining order, or  other  order
    20  against  the person or group of persons responsible for such action. The
    21  foregoing remedies shall be independent of any other remedies or  proce-
    22  dures that may be available to an aggrieved party under other provisions
    23  of law.
    24    §  167-l. Immunity from liability. 1. No official, employee or agency,
    25  whether public or private, shall be subject to  any  civil  or  criminal

    26  liability for damages for any discretionary decision to release relevant
    27  and  necessary information pursuant to this section, provided that it is
    28  shown that such official, employee or agency  acted  reasonably  and  in
    29  good  faith.  The  immunity  provided  under this section applies to the
    30  release of relevant information to other employees or  officials  or  to
    31  the general public.
    32    2.  Nothing  in  this  section  shall be deemed to impose any civil or
    33  criminal liability upon or to give rise to a cause of action against any
    34  official, employee or agency, whether public or private, for failing  to
    35  release  information  as  authorized in this section provided that it is
    36  shown that such official, employee or agency  acted  reasonably  and  in

    37  good faith.
    38    § 167-m. Annual report. The division shall on or before February first
    39  in  each  year  file  a  report  with  the governor, and the legislature
    40  detailing the program, compliance with provisions of  this  article  and
    41  effectiveness  of  the  provisions  of  this  article, together with any
    42  recommendations to further enhance the intent of this article.
    43    § 167-n. Failure to register; penalty. Any person required to register
    44  pursuant to the provisions of this article who fails to register in  the
    45  manner and within the time periods provided for in this article shall be
    46  guilty  of a class A misdemeanor for the first offense, and for a second
    47  or subsequent offense shall be guilty of a  class  D  felony.  Any  such

    48  failure  to  register  may  also  be  the basis for revocation of parole
    49  pursuant to section two hundred fifty-nine-i of the executive law.
    50    § 167-o. Unauthorized release of information. The unauthorized release
    51  of any information required by this article shall be a class B misdemea-
    52  nor.
    53    § 167-p. Severability. If any clause, sentence, paragraph, section  or
    54  part  of  this act shall be adjudged by any court of competent jurisdic-
    55  tion to be invalid and after exhaustion of all further judicial  review,
    56  the judgment shall not affect, impair or invalidate the remainder there-

        S. 3645--D                         13
 
     1  of,  but  shall  be  confined  in its operation to the clause, sentence,

     2  paragraph, section or part of this act directly involved in the  contro-
     3  versy in which the judgment shall have been rendered.
     4    §  167-q.  Subdirectory; internet posting. 1. The division shall main-
     5  tain a subdirectory of level two and three violent felony offenders. The
     6  subdirectory shall include the exact address, address of the  offender's
     7  place  of employment and photograph of the violent felony offender along
     8  with  the  following   information,   if   available:   name,   physical
     9  description,   age  and  distinctive  markings.  Background  information
    10  including the violent felony offender's crime of  conviction,  modus  of
    11  operation, type of victim targeted, the name and address of any institu-

    12  tion  of  higher  education  at  which  the  violent  felony offender is
    13  enrolled, attends, is employed or resides and a description  of  special
    14  conditions  imposed  on  the  violent  felony  offender  shall  also  be
    15  included. The subdirectory shall have violent felony  offender  listings
    16  categorized  by  county  and  zip code. A copy of the subdirectory shall
    17  annually be distributed to the offices of  local  village,  town,  city,
    18  county  or state law enforcement agencies for purposes of public access.
    19  The division shall distribute monthly updates to the  offices  of  local
    20  village,  town,  city,  county  or  state  law  enforcement agencies for
    21  purposes of public access. Such departments shall require that a  person

    22  in writing provide their name and address prior to viewing the subdirec-
    23  tory.  Any  information  identifying  the  victim  by  name, birth date,
    24  address or relation to the violent felony  offender  shall  be  excluded
    25  from  the  subdirectory  distributed  for purposes of public access. The
    26  subdirectory provided for herein shall be updated  monthly  to  maintain
    27  its  efficiency  and  usefulness and shall be computer accessible.  Such
    28  subdirectory shall be made available at all times on  the  internet  via
    29  the  division  homepage. Any person may apply to the division to receive
    30  automated e-mail notifications whenever a new  or  updated  subdirectory
    31  registration  occurs  in a geographic area specified by such person. The

    32  division shall furnish such service at no charge  to  such  person,  who
    33  shall  request  e-mail  notification  by county and/or zip code on forms
    34  developed and provided by the division. E-mail notification  is  limited
    35  to three geographic areas per e-mail account.
    36    2.  Any person who uses information disclosed pursuant to this section
    37  in violation of the law shall in addition to any other penalty  or  fine
    38  imposed,  be subject to a fine of not less than five hundred dollars and
    39  not more than one thousand dollars. Unauthorized removal or  duplication
    40  of  the  subdirectory  from the offices of local, village or city police
    41  department shall be punishable by a fine  not  to  exceed  one  thousand

    42  dollars.  In  addition,  the attorney general, any district attorney, or
    43  any person aggrieved is authorized to bring a civil action in the appro-
    44  priate court requesting preventive relief, including an application  for
    45  a  permanent  or temporary injunction, restraining order, or other order
    46  against the person or group of persons responsible for such action.  The
    47  foregoing  remedies shall be independent of any other remedies or proce-
    48  dures that may be available to an aggrieved party under other provisions
    49  of law.
    50    § 3. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law; provided, however, that effective immediate-
    52  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation

    53  necessary  for  the implementation of this act on its effective date are
    54  authorized and directed to be made  and  completed  on  or  before  such
    55  effective date.
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