Bill Text: NY A06455 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires electronic monitoring for any sex offender having been designated a level three risk or a sexual predator; requires the division of criminal justice services to establish a system of active electronic monitoring that identifies the location of certain sex offenders; makes it a crime for a sex offender required to be electronically monitored to violate such requirement.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2012-06-05 - held for consideration in correction [A06455 Detail]
Download: New_York-2011-A06455-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6455
2011-2012 Regular Sessions
I N A S S E M B L Y
March 17, 2011
___________
Introduced by M. of A. JOHNS, N. RIVERA -- Multi-Sponsored by -- M. of
A. BURLING, CALHOUN, CROUCH, GRAF, KATZ, McKEVITT, P. RIVERA, SALADI-
NO, STEVENSON, TEDISCO -- read once and referred to the Committee on
Correction
AN ACT to amend the correction law, in relation to requiring the elec-
tronic monitoring of certain sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The correction law is amended by adding a new article 6-D
2 to read as follows:
3 ARTICLE 6-D
4 SEX OFFENDER GLOBAL POSITIONING SYSTEM ACT
5 SECTION 169. SHORT TITLE.
6 169-A. DEFINITIONS.
7 169-B. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS.
8 169-C. CRIMINAL IMPACT.
9 169-D. PETITION FOR RELIEF OR MODIFICATION.
10 S 169. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AS AND MAY BE CITED AS
11 THE "SEX OFFENDER GLOBAL POSITIONING SYSTEM ACT".
12 S 169-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING DEFI-
13 NITIONS APPLY:
14 1. "ACTIVE TRACKING DEVICE" SHALL MEAN A DEVICE WHICH, WHEN OPERATING
15 NORMALLY, ALLOWS THE OFFENDER'S LOCATION TO BE MONITORED REMOTELY AT
16 LEAST EVERY TWO MINUTES.
17 2. "PASSIVE TRACKING DEVICE" SHALL MEAN A DEVICE WHICH, WHEN OPERATING
18 NORMALLY, KEEPS A RECORD OF THE LOCATION OF AN INDIVIDUAL AT LEAST ONCE
19 EVERY TWO MINUTES.
20 3. "COMMUNICATE" SHALL MEAN (A) FOR A PASSIVE TRACKING DEVICE, THE
21 ABILITY TO RECORD THE LOCATION OF THE OFFENDER AND THE DOWNLOADING OF
22 THAT RECORDED INFORMATION AT LEAST ONCE EVERY TWENTY-FOUR HOURS, OR SUCH
23 OTHER INTERVAL OF TIME AS REQUIRED BY THE DIVISION, (B) FOR AN ACTIVE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09260-01-1
A. 6455 2
1 TRACKING DEVICE, THE ABILITY TO MONITOR THE LOCATION OF THE OFFENDER ON
2 A CONTINUOUS BASIS OF AT LEAST TWO MINUTE INTERVALS.
3 4. "DEVICE" SHALL MEAN GLOBAL POSITIONING SYSTEM EQUIPMENT WHICH
4 ALLOWS THE LOCATION OF SUCH EQUIPMENT TO BE DETERMINED ON A CONSTANT
5 BASIS OTHER THAN AS A RESULT OF GEOGRAPHIC, TOPOGRAPHIC, WEATHER, TECH-
6 NICAL FAILURE, OR BUILDING RELATED REASONS. SUCH DETERMINATION NEED NOT
7 BE MADE INSTANTLY AS ALLOWED BY AN ACTIVE TRACKING DEVICE BUT MAY ALSO
8 BE DETERMINED AT A SUBSEQUENT PERIOD BY A PASSIVE TRACKING DEVICE. SUCH
9 DEVICE SHALL, WHEN FUNCTIONING NORMALLY, BE ELECTRONICALLY CONNECTED TO
10 AN ANKLE BRACELET OR OTHER DEVICE WHICH IS LOCKED ONTO THE OFFENDER BY A
11 REPRESENTATIVE OF LAW ENFORCEMENT.
12 5. "DIVISION" SHALL MEAN THE DIVISION OF CRIMINAL JUSTICE SERVICES.
13 6. "NOTICE" SHALL MEAN NOTIFICATION TO A COLLECTING AGENCY THAT THE
14 OFFENDER IS NO LONGER TRANSMITTING HIS OR HER LOCATION BY VIRTUE OF THE
15 DEVICE OR HAS OTHERWISE ENTERED INTO AN AREA WHICH THE OFFENDER IS
16 PROHIBITED FROM ENTERING INTO PURSUANT TO ANY LEGAL ORDER OR DIRECTIVE.
17 NOTICE SHALL NOT CONSTITUTE AN OFFENDER'S ENTERING INTO A PLACE WHERE
18 TRANSMISSION SIGNALS ARE NOT MADE BY THE DEVICE, UNLESS THE ENTRANCE
19 THEREOF IS IN VIOLATION OF A DIRECTIVE MADE TO THE OFFENDER BY A REPRE-
20 SENTATIVE OF THE DIVISION OR HIS OR HER PAROLE OR PROBATION OFFICER.
21 7. "OFFENDER" SHALL MEAN A PERSON REQUIRED TO WEAR A DEVICE PURSUANT
22 TO THIS ARTICLE.
23 8. "CENTRALLY MONITORED" SHALL MEAN THE CONSTANT ABILITY OF THE DIVI-
24 SION TO RECEIVE NOTICES FROM A COLLECTING AGENCY.
25 9. "COLLECTING AGENCY" SHALL MEAN AN ENTITY WHICH SHALL BE RESPONSIBLE
26 FOR RECEIVING DATA TRANSMITTED BY A DEVICE.
27 10. "LOCAL LAW ENFORCEMENT AGENCY" SHALL MEAN A COUNTY PROBATION
28 DEPARTMENT OR OTHER AGENCY RESPONSIBLE FOR MONITORING THOSE INDIVIDUALS
29 WHO ARE SERVING A SENTENCE OF PROBATION AS A RESULT OF A CRIMINAL
30 CONVICTION.
31 11. "OFFENDER'S LAW ENFORCEMENT SUPERVISOR" SHALL MEAN AN EMPLOYEE OF
32 THE DIVISION WHO RECEIVES NOTICE FROM A COLLECTING AGENCY OR, IF THE
33 OFFENDER IS UNDER THE SUPERVISION OF THE DIVISION OF PAROLE OR A LOCAL
34 PROBATION DEPARTMENT, SHALL MEAN THE OFFENDER'S PAROLE OR PROBATION
35 OFFICER OR A PERSON DESIGNATED BY THE DIVISION OF PAROLE OR A LOCAL
36 PROBATION DEPARTMENT TO ACT FOR SUCH PERSON IN SUCH PERSON'S ABSENCE.
37 12. "ANKLE BRACELET OR OTHER ATTACHMENT" SHALL MEAN A PIECE OF EQUIP-
38 MENT WHICH CAN SEND OR RECEIVE AN ELECTRONIC SIGNAL TO A DEVICE WHEN THE
39 EQUIPMENT IS WITHIN AT LEAST ONE HUNDRED FEET OF THE DEVICE. SUCH EQUIP-
40 MENT SHALL BE CONNECTED ONTO EITHER THE ANKLE, WRIST, LEG, OR ARM OF AN
41 OFFENDER AS DETERMINED BY THE RULES PROMULGATED BY THE DIVISION.
42 13. "OFFENDER MONITORING OFFICE" SHALL MEAN AN OFFICE OR BUREAU UNDER
43 CONSTANT OPERATION BY THE DIVISION WHICH SHALL BE ABLE TO RECEIVE
44 NOTICES AND TRANSMIT THE INFORMATION CONTAINED IN SUCH NOTICES. THE
45 OFFENDER MONITORING OFFICE NEED NOT BE A PHYSICAL OFFICE BUT MAY CONSIST
46 OF THE RESIDENCE OF A DIVISION EMPLOYEE OR THE RESIDENCES OF DIVISION
47 EMPLOYEES WHO ARE ON CALL TO RECEIVE NOTICES.
48 S 169-B. ELECTRONIC MONITORING OF CERTAIN SEX OFFENDERS. 1. IN ADDI-
49 TION TO ANY OTHER REQUIREMENT IMPOSED BY LAW, ANY SEX OFFENDER, AS
50 DEFINED BY SECTION ONE HUNDRED SIXTY-EIGHT-A OF THIS CHAPTER, WHO HAS
51 BEEN OR IS ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE, DESIGNATED AS
52 A LEVEL THREE OFFENDER UNDER THE SEX OFFENDER REGISTRATION ACT SHALL,
53 ANYTIME THEY ARE NOT OTHERWISE INCARCERATED, BE REQUIRED TO WEAR A
54 GLOBAL POSITIONING SYSTEM DEVICE WHICH DETERMINES THEIR LOCATION WITHIN
55 THE STATE OF NEW YORK. SUCH DEVICE MAY BE AN ACTIVE TRACKING DEVICE OR A
56 PASSIVE TRACKING DEVICE AS DIRECTED BY THE SENTENCING COURT OR ANY OTHER
A. 6455 3
1 COURT OF COMPETENT JURISDICTION. IN THE EVENT NO COURT DIRECTIVE EXISTS,
2 A PASSIVE DEVICE SHALL BE UTILIZED. SUCH DEVICE SHALL BE WORN FOR THE
3 DURATION OF THE PERIOD WHICH SUCH PERSON IS REQUIRED TO REGISTER PURSU-
4 ANT TO ARTICLE SIX-C OF THIS CHAPTER. IN THE EVENT THE LOCATION OF SUCH
5 INDIVIDUAL WITHIN THE STATE DOES NOT, FOR TOPOGRAPHIC, GEOGRAPHIC, OR
6 BUILDING RELATED REASONS, ALLOW FOR A DETERMINATION OF THE LOCATION OF
7 SUCH INDIVIDUAL, THE DEVICE SHALL BE ABLE TO DETERMINE WHETHER SUCH
8 PERSON IS MOVING OR NOT. SUCH SYSTEM SHALL BE CONTINUOUSLY MONITORED BY
9 A COLLECTING AGENCY.
10 2. THE DIVISION SHALL PROMULGATE RULES AND REGULATIONS RELATING TO THE
11 ESTABLISHMENT OF A COLLECTING AGENCY. SUCH RULES AND REGULATIONS SHALL
12 REQUIRE GENERALLY THAT NOTICE BE ABLE TO BE TRANSMITTED WHEN AN OFFENDER
13 ENTERS INTO A PROHIBITED AREA, AS DETERMINED BY THE OFFENDER'S PROBATION
14 OR PAROLE OFFICER OR AS ORDERED BY A COURT OF COMPETENT JURISDICTION
15 PROVIDED THE COLLECTING AGENCY HAS KNOWLEDGE WHICH PROHIBITIONS EXIST
16 WITH RESPECT TO A PARTICULAR OFFENDER AND HAS THE DATA AVAILABLE TO IT
17 TO DETERMINE WHEN AN OFFENDER ENTERS INTO SUCH AN AREA. THE DIVISION
18 SHALL, IN EVALUATING A POTENTIAL COLLECTING AGENCY, DETERMINE WHETHER
19 THE COLLECTING AGENCY HAS THE CAPACITY TO ELECTRONICALLY MAP, ON A
20 COMPUTER MAPPING SYSTEM, AREAS WHERE SUCH OFFENDER IS NOT PERMITTED, AND
21 SHALL ALSO EVALUATE WHETHER THE COLLECTING AGENCY REGULARLY UPDATES ITS
22 DATA. SUCH COLLECTING AGENCY SHALL, WHEN THE DEVICE IS FUNCTIONING
23 NORMALLY, BE REQUIRED TO ENSURE THAT ALL PERSONS REQUIRED TO WEAR AN
24 ANKLE BRACELET OR OTHER ATTACHMENT PURSUANT TO THIS ARTICLE ARE CENTRAL-
25 LY MONITORED AND THE COLLECTING AGENCY SHALL BE ABLE TO GENERALLY DETER-
26 MINE, AS LONG AS THE DEVICE IS FUNCTIONING NORMALLY, WHETHER AN OFFENDER
27 APPEARS TO HAVE CAUSED THE DEVICE TO BE INOPERABLE, OR APPEARS TO HAVE
28 DESTROYED THE DEVICE OR ANKLE BRACELET OR OTHER ATTACHMENT, OR ENTERS
29 INTO A PROSCRIBED AREA OR CAUSES THE DEVICE NOT TO TIMELY DOWNLOAD
30 INFORMATION RECEIVED BY THE DEVICE AT LEAST ONCE EVERY TWENTY-FOUR
31 HOURS, OR HAS SEPARATED THE ANKLE BRACELET OR OTHER ATTACHMENT MORE THAN
32 ONE HUNDRED FEET FROM THE DEVICE. THE RULES AND REGULATIONS TO BE
33 PROMULGATED PURSUANT TO THIS SUBDIVISION SHALL BE IMPLEMENTED WITHIN
34 NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTICLE. IN THE EVENT A
35 COLLECTING AGENCY IS NOT OTHERWISE AVAILABLE OR IS DETERMINED BY THE
36 DIVISION TO BE COST INEFFICIENT, THE DIVISION SHALL BE THE COLLECTING
37 AGENCY. WHEN A NOTICE IS TRANSMITTED TO A COLLECTING AGENCY, RULES AND
38 REGULATIONS SHALL REQUIRE THE COLLECTING AGENCY TO IMMEDIATELY NOTIFY
39 EITHER THE DIVISION'S OFFENDER MONITORING OFFICE OR THE DIVISION OF
40 PAROLE. IN THE EVENT THE OFFENDER IS SUBJECT TO A SENTENCE OF PROBATION
41 AND THE COUNTY PROBATION DIRECTOR, WHERE SUCH OFFENDER RESIDES, HAS
42 CONSENTED, THE COLLECTING AGENCY SHALL IMMEDIATELY NOTIFY THE COUNTY
43 PROBATION DEPARTMENT INSTEAD OF THE DIVISION'S OFFENDER MONITORING
44 OFFICE. IN THE EVENT THE DIRECTOR OF A COUNTY PROBATION DEPARTMENT HAS
45 NOT CONSENTED AS PROVIDED FOR IN THIS SUBDIVISION, THE OFFENDER MONITOR-
46 ING OFFICE SHALL BE NOTIFIED WITH RESPECT TO THOSE INDIVIDUALS SERVING A
47 SENTENCE OF PROBATION AND THE EMPLOYEE OF THE OFFENDER MONITORING OFFICE
48 SHALL NOTIFY THE PROBATION OFFICER IN THE MECHANISM PROVIDED FOR BY THE
49 RULES AND REGULATIONS OF THE DIVISION, WHICH ARE DIRECTED TO BE MADE.
50 SUCH RULES AND REGULATIONS SHALL ALSO INCLUDE IMMEDIATE NOTIFICATION TO
51 THE STATE POLICE BARRACKS WHERE SUCH OFFENDER IS BELIEVED TO BE NEAR,
52 AND THE CONTENTS OF THE NOTICE.
53 3. IN THE EVENT AN OFFENDER'S PROBATION OR PAROLE OFFICER (OR PERSON
54 ACTING FOR SUCH OFFICER) IS NOTIFIED BY THE COLLECTING AGENCY, SUCH
55 OFFICER SHALL TAKE SUCH ACTION HE OR SHE DEEMS APPROPRIATE. IN THE EVENT
56 THE COLLECTING AGENCY NOTIFIES AN EMPLOYEE OF THE DIVISION'S OFFENDER
A. 6455 4
1 MONITORING OFFICE, SUCH EMPLOYEE SHALL NOTIFY THE STATE POLICE OF THE
2 RECEIPT OF SUCH NOTICE AS SOON AS POSSIBLE AND THE CONTENTS OF SUCH
3 NOTICE. IF THE OFFENDER IS ALSO ON PAROLE OR PROBATION, THE EMPLOYEE OF
4 THE DIVISION'S OFFENDER MONITORING OFFICE SHALL NOTIFY THE OFFENDER'S
5 PAROLE OR PROBATION OFFICER (OR A PERSON ACTING IN HIS OR HER PLACE) OF
6 THE CONTENTS OF THE NOTICE, AS SOON AS PRACTICABLE, BUT IN ANY EVENT
7 WITHIN TWENTY-FOUR HOURS OF RECEIVING THE NOTICE. IN THE EVENT AN OFFEN-
8 DER IS NOT UNDER A SENTENCE OF PROBATION OR UNDER THE SUPERVISION OF THE
9 DIVISION OF PAROLE, THE EMPLOYEE OF THE DIVISION'S OFFENDER MONITORING
10 OFFICE WHO RECEIVES NOTICE SHALL IMMEDIATELY NOTIFY THE STATE POLICE IN
11 AN AREA AS CLOSE AS PRACTICABLE TO WHERE IT IS BELIEVED SUCH OFFENDER IS
12 OR IS SUPPOSED TO BE, OF THE CONTENTS OF THE NOTICE PROVIDED BY THE
13 COLLECTING AGENCY RELATING TO THE OFFENDER.
14 4. SUCH DEVICE SHALL NOT BE REQUIRED TO BE PHYSICALLY ATTACHED TO SUCH
15 OFFENDER'S PERSON OR CLOTHING WHILE SUCH OFFENDER IS IN HIS OR HER RESI-
16 DENCE, PROVIDED THE FAILURE TO SO ATTACH SUCH DEVICE DOES NOT CAUSE
17 NOTICE TO BE PROVIDED TO A COLLECTING AGENCY. PROVIDED FURTHER, HOWEVER,
18 THAT IF THE OFFENDER'S RESIDENCE IS A SHELTER, HOTEL OR MOTEL, OR OTHER
19 LOCATION WHICH IS OPEN TO THE PUBLIC OR IS OPEN TO THOSE IN NEED OF SUCH
20 RESIDENCE BECAUSE OF SUCH PERSON'S LACK OF OTHER RESIDENTIAL LIVING
21 SPACE, SUCH PERSON SHALL BE REQUIRED TO WEAR THE DEVICE CONSTANTLY
22 EXCEPT UNDER GUIDELINES PRESCRIBED BY THE DIVISION WHICH ALLOW THE
23 DEVICE TO DOWNLOAD INFORMATION AND/OR BE CHARGED AS NEEDED, OR ACTIV-
24 ITIES AS SPECIFIED BY DIVISION RULES AND REGULATIONS.
25 5. THE DIVISION IS AUTHORIZED AND DIRECTED TO PROMULGATE RULES AND
26 REGULATIONS PURSUANT TO THIS SECTION. SUCH RULES SHALL:
27 (A) PROVIDE FOR THE PAYMENT BY THE OFFENDER OF THE COSTS OF ELECTRONIC
28 MONITORING AS REQUIRED BY THIS ARTICLE;
29 (B) INCLUDE A MEANS TESTING PROVISION WHICH REQUIRES AN OFFENDER CAPA-
30 BLE OF PAYING ALL OR A PORTION OF SUCH COSTS TO PAY THOSE COSTS;
31 (C) INCLUDE A PROCESS WHERE THE DEVICE WILL BE PROVIDED TO THE OFFEN-
32 DER AND THE METHOD THE ANKLE BRACELET OR OTHER ATTACHMENT, WHICH IS
33 ELECTRONICALLY CONNECTED TO THE DEVICE, SHALL BE ATTACHED TO THE OFFEN-
34 DER. THE RULES SHALL REQUIRE THAT AN OFFENDER HAVE THE ANKLE BRACELET OR
35 OTHER ATTACHMENT ATTACHED IMMEDIATELY OR AS SOON AS PRACTICABLE THERE-
36 AFTER UPON BEING ADJUDICATED A LEVEL THREE SEX OFFENDER UNDER ARTICLE
37 SIX-C OF THIS CHAPTER. IN THE EVENT A PERSON DESIGNATED A LEVEL THREE
38 SEX OFFENDER IS INCARCERATED, SUCH ANKLE BRACELET OR OTHER ATTACHMENT
39 SHALL BE MADE PRIOR TO SUCH OFFENDER'S BEING RELEASED FROM INCARCERA-
40 TION;
41 (D) REQUIRE ALL EXISTING LEVEL THREE SEX OFFENDERS WHO ARE NOT INCAR-
42 CERATED TO HAVE AN ANKLE BRACELET OR OTHER ATTACHMENT ATTACHED AS SOON
43 AS PRACTICABLE BUT IN ANY EVENT WITHIN ONE HUNDRED EIGHTY DAYS OF THE
44 EFFECTIVENESS OF THIS ARTICLE; AND
45 (E) REQUIRE A PROCESS FOR CHANGING THE BATTERIES AND/OR CHARGING THE
46 DEVICE AND ANKLE BRACELET OR ATTACHMENT AS WELL AS THE PROCESS FOR DOWN-
47 LOADING INFORMATION FROM THE DEVICE TO THE COLLECTING AGENCY AND THE
48 TIME REQUIREMENTS WHEN SUCH INFORMATION SHALL BE DOWNLOADED. THE DIVI-
49 SION SHALL MAKE RULES PROVIDED FOR IN THIS PARAGRAPH IN CONSULTATION
50 WITH REPRESENTATIVES OF THE DIVISION OF PAROLE AND IN COOPERATION WITH
51 AN ASSOCIATION OF INDIVIDUALS WHO SERVE AS DIRECTORS OF COUNTY PROBATION
52 DEPARTMENTS.
53 6. THE DIVISION SHALL SEND A NOTICE TO ALL LEVEL THREE SEX OFFENDERS,
54 WITHIN NINETY DAYS OF THE EFFECTIVENESS OF THIS ARTICLE DIRECTING SUCH
55 OFFENDER WHERE TO GO AND WHEN TO HAVE THE ANKLE BRACELET OR OTHER
56 ATTACHMENT ATTACHED. WHEREVER PRACTICABLE, AN OFFENDER'S PROBATION OR
A. 6455 5
1 PAROLE OFFICER SHALL ALSO ADVISE SUCH OFFENDER WHEN AND WHERE THE ANKLE
2 BRACELET OR OTHER ATTACHMENT SHALL BE ATTACHED TO THE OFFENDER.
3 S 169-C. CRIMINAL IMPACT. ANY OFFENDER SUBJECT TO THE PROVISIONS OF
4 THIS ARTICLE WHO VIOLATES THE REQUIREMENTS OF THIS ARTICLE BY:
5 1. INTENTIONALLY CAUSING THE DEVICE TO BE INOPERATIVE OR IN A STATE OF
6 OPERATION WHERE IT CANNOT COMMUNICATE NOTICE;
7 2. INTENTIONALLY CUTTING, DESTROYING, MODIFYING, OR DAMAGING THE
8 DEVICE OR ANY COMPONENT SUCH AS AN ANKLE BRACELET OR OTHER COMMUNI-
9 CATIONS MECHANISM WHICH COMMUNICATES WITH THE DEVICE;
10 3. INTENTIONALLY ENTERS INTO AN AREA WHICH HE OR SHE IS PROHIBITED
11 FROM ENTERING PURSUANT TO ANY LAWFUL ORDER BY THE DIVISION OR BY A
12 PAROLE OR PROBATION OFFICER, OR OTHER LAW ENFORCEMENT OFFICIAL AUTHOR-
13 IZED TO MAKE SUCH DIRECTIVES;
14 4. INTENTIONALLY FAILS TO UNDERTAKE THE STEPS NECESSARY TO TRANSMIT
15 INFORMATION FROM SUCH DEVICE TO THE COLLECTING AGENCY (INCLUDING, BUT
16 NOT LIMITED TO INTENTIONALLY FAILING TO REPORT TO HAVE AN ANKLE BRACELET
17 OR OTHER ATTACHMENT ATTACHED TO HIM OR HER); OR
18 5. INTENTIONALLY UNDERTAKES ACTIVITIES KNOWING SUCH ACTIVITIES CAUSE
19 NOTICE TO BE TRANSMITTED TO A COLLECTING AGENCY SHALL BE GUILTY OF A
20 CLASS A MISDEMEANOR FOR A FIRST OFFENSE AND A CLASS D FELONY FOR EACH
21 SUBSEQUENT OFFENSE. ANY SUCH VIOLATION MAY ALSO BE THE BASIS FOR REVOCA-
22 TION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXEC-
23 UTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE
24 FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
25 S 169-D. PETITION FOR RELIEF OR MODIFICATION. 1. ANY OFFENDER WHO IS
26 REQUIRED TO WEAR A DEVICE, ANKLE BRACELET OR OTHER ATTACHMENT PURSUANT
27 TO THIS ARTICLE MAY BE RELIEVED OF SUCH OBLIGATION UPON THE GRANTING OF
28 A PETITION FOR RELIEF BY THE SENTENCING COURT OR BY THE COURT WHICH MADE
29 THE DETERMINATION REGARDING DURATION OF REGISTRATION AND LEVEL OF
30 NOTIFICATION UNDER ARTICLE SIX-C OF THIS CHAPTER. SUCH RELIEF MAY
31 INCLUDE THE MODIFICATION OF THE TYPE OF DEVICE FROM ACTIVE TO PASSIVE OR
32 VICE VERSA, OR THE RELIEF OF NOT HAVING TO WEAR THE DEVICE DURING DESIG-
33 NATED PERIODS OR AT ALL. THE SEX OFFENDER SHALL BEAR THE BURDEN OF PROV-
34 ING BY CLEAR AND CONVINCING EVIDENCE THAT HIS OR HER RISK OF REPEAT
35 OFFENSE AND THREAT TO PUBLIC SAFETY IS SUCH THAT THE WEARING OF THE
36 DEVICE IS NO LONGER NECESSARY (EITHER PERMANENTLY OR ON A TEMPORARY
37 BASIS). SUCH PETITION, IF GRANTED, SHALL NOT RELIEVE THE PETITIONER OF
38 ANY OTHER DUTY IMPOSED UNDER LAW, INCLUDING THE OBLIGATION TO WEAR SUCH
39 DEVICE IN THE EVENT OF A FUTURE CONVICTION. THE OFFENDER IS REQUIRED TO
40 NOTIFY THE COURT, WHERE ANY PETITION IS GRANTED PURSUANT TO THIS
41 SECTION, OF ANY FUTURE CRIMINAL CONVICTION. SUCH COURT SHALL THEN
42 CONSIDER WHETHER THE DEVICE SHOULD BE REQUIRED TO BE WORN AGAIN AND MAY
43 SO REQUIRE.
44 2. NO PETITION UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE CONSID-
45 ERED MORE THAN ANNUALLY. IN THE EVENT THAT THE SEX OFFENDER'S PETITION
46 FOR RELIEF IS GRANTED, THE DISTRICT ATTORNEY MAY APPEAL AS OF RIGHT FROM
47 THE ORDER PURSUANT TO THE PROVISIONS OF ARTICLES FIFTY-FIVE, FIFTY-SIX
48 AND FIFTY-SEVEN OF THE CIVIL PRACTICE LAW AND RULES. WHERE COUNSEL HAS
49 BEEN ASSIGNED TO REPRESENT THE SEX OFFENDER UPON THE GROUND THAT THE SEX
50 OFFENDER IS FINANCIALLY UNABLE TO RETAIN COUNSEL, THAT ASSIGNMENT SHALL
51 BE CONTINUED THROUGHOUT THE PENDENCY OF THE APPEAL, AND THE PERSON MAY
52 APPEAL AS A POOR PERSON PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY
53 LAW.
54 3. PRIOR TO MAKING ANY MODIFICATION UNDER THIS SECTION, THE COURT
55 SHALL DO ALL IT REASONABLY CAN TO NOTIFY AND HEAR COMMENT FROM THE
56 VICTIM OR HIS OR HER FAMILY PRIOR TO MAKING A DETERMINATION ON THE PETI-
A. 6455 6
1 TION. THE COURT SHALL RENDER AN ORDER SETTING FORTH ITS DETERMINATION,
2 AND THE FINDINGS OF FACT AND CONCLUSIONS OF LAW ON WHICH THE DETERMI-
3 NATION IS BASED. IF THE PETITION IS GRANTED IT SHALL BE THE OBLIGATION
4 OF THE COURT TO SUBMIT A COPY OF ITS ORDER TO THE DIVISION. UPON APPLI-
5 CATION OF EITHER PARTY, THE COURT SHALL SEAL ANY PORTION OF THE COURT
6 FILE OR RECORD WHICH CONTAINS MATERIAL THAT IS CONFIDENTIAL UNDER ANY
7 STATE OR FEDERAL STATUTE.
8 S 2. Severability. If any clause, sentence, paragraph, section or part
9 of this act shall be adjudged by any court of competent jurisdiction to
10 be invalid, such judgment shall not affect, impair or invalidate the
11 remainder thereof, but shall be confined in its operation to the clause,
12 sentence, paragraph, section or part thereof directly involved in the
13 controversy in which such judgment shall have been rendered.
14 S 3. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law; provided that any rules and regulations
16 necessary to implement the provisions of this act on its effective date
17 are authorized and directed to be promulgated on or before such effec-
18 tive date.
