Bill Text: NY S01107 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts "The Domestic Violence Protection Act - Brittany's Law" requiring registration of violent felony offenders; sets forth duties of the division of criminal justice services; establishes a special telephone number; requires the division to maintain a subdirectory of violent predators.
Spectrum: Strong Partisan Bill (Republican 18-1)
Status: (Engrossed - Dead) 2018-06-13 - referred to correction [S01107 Detail]
Download: New_York-2017-S01107-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1107 2017-2018 Regular Sessions IN SENATE January 6, 2017 ___________ Introduced by Sens. YOUNG, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the correction law, in relation to enacting "The Domestic Violence Protection Act - 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 "The Domestic 2 Violence Protection Act - Brittany's Law". 3 § 2. The penal law is amended by adding two new sections 195.03 and 4 195.04 to read as follows: 5 § 195.03 Failure to register or verify as a violent felony offender in 6 the second degree. 7 A person is guilty of failure to register or verify as a violent felo- 8 ny offender in the second degree when, being a violent felony offender 9 required to register or verify pursuant to article six-B of the 10 correction law, he or she fails to register or verify in the manner and 11 within the time periods provided for in such article. 12 Failure to register or verify as a violent felony offender in the 13 second degree is a class E felony. 14 § 195.04 Failure to register or verify as a violent felony offender in 15 the first degree. 16 A person is guilty of failure to register or verify as a violent felo- 17 ny offender in the first degree when he or she commits the crime of 18 failure to register or verify as a violent felony offender in the second 19 degree and has previously been convicted of failure to register or veri- 20 fy as a violent felony offender in the second degree as defined in 21 section 195.03 of this article. 22 Failure to register or verify as a violent felony offender in the 23 first degree is a class D felony. 24 § 3. The correction law is amended by adding a new article 6-B to read 25 as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04011-01-7S. 1107 2 1 ARTICLE 6-B 2 VIOLENT FELONY OFFENDER REGISTRATION 3 Section 162. Definitions. 4 163. Duties of the division; registration information. 5 164. Violent felony offender; relocation; notification. 6 165. Duties of the court. 7 166. Discharge of violent felony offender from correctional 8 facility; duties of official in charge. 9 167. Duty to register. 10 167-a. Prior convictions; duty to inform and register. 11 167-b. Duration of registration. 12 167-c. Registration requirements. 13 167-d. Notification of local law enforcement agencies of change 14 of address. 15 167-e. Registration for change of address from another state. 16 167-f. Board of examiners of violent felony offenders. 17 167-g. Review. 18 167-h. Judicial determination. 19 167-i. Petition for relief. 20 167-j. Special telephone number. 21 167-k. Violent predator subdirectory. 22 167-l. Immunity from liability. 23 167-m. Annual report. 24 167-n. Failure to register; penalty. 25 167-o. Unauthorized release of information. 26 167-p. Severability. 27 167-q. Subdirectory; internet posting. 28 § 162. Definitions. As used in this article, the following definitions 29 apply: 30 1. "Violent felony offender" includes any person who is convicted of a 31 violent felony offense as defined under section 70.02 of the penal law 32 or a class A felony offense defined in the penal law other than a class 33 A felony offense defined in article two hundred twenty of the penal law. 34 Convictions that result from or are connected with the same act, or 35 result from offenses committed at the same time, shall be counted for 36 the purpose of this article as one conviction. Any conviction set aside 37 pursuant to law is not a conviction for purposes of this article. 38 2. "Violent felony offense" means a conviction for an offense as 39 defined under section 70.02 of the penal law or a class A felony offense 40 defined in the penal law other than a class A offense defined in article 41 two hundred twenty of the penal law. 42 3. "Law enforcement agency having jurisdiction" means the chief law 43 enforcement officer in the village, town or city in which the violent 44 felony offender expects to reside upon his or her discharge, probation, 45 parole or upon any form of state or local conditional release. 46 4. "Division" means the division of criminal justice services estab- 47 lished under article thirty-five of the executive law. 48 5. "Hospital" means a hospital as defined in subdivision two of 49 section four hundred of this chapter and applies to persons committed to 50 such hospital by order of commitment made pursuant to article sixteen of 51 this chapter. 52 6. "Violent predator" means a person who has been convicted of a 53 violent felony offense as defined in this article, or a violent felony 54 offender as defined in this article who suffers from a mental abnor- 55 mality that makes such person likely to engage in violent conduct.S. 1107 3 1 7. "Mental abnormality" means a congenital or acquired condition of a 2 person that affects the emotional or volitional capacity of the person 3 in a manner that predisposes that person to the commission of criminal 4 violent acts to a degree that makes the person a menace to the health 5 and safety of other persons. 6 8. "Board" means the board of examiners of violent felony offenders 7 established pursuant to section one hundred sixty-seven-f of this arti- 8 cle. 9 9. "Local correctional facility" means a local correctional facility 10 as that term is defined in subdivision sixteen of section two of this 11 chapter. 12 § 163. Duties of the division; registration information. 1. The divi- 13 sion shall establish and maintain a file of individuals required to 14 register pursuant to the provisions of this article which shall include 15 the following information of each registrant: 16 (a) The violent felony offender's name, all aliases used, date of 17 birth, sex, race, height, weight, eye color, driver's license number, 18 home address and/or expected place of domicile. 19 (b) A photograph and set of fingerprints. 20 (c) A description of the offense for which the violent felony offender 21 was convicted, the date of conviction and the sentence imposed. 22 (d) Any other information deemed pertinent by the division. 23 2. The division is authorized to make the registry available to any 24 regional or national registry of violent felony offenders for the 25 purpose of sharing information. The division shall accept files from any 26 regional or national registry of violent felony offenders and shall make 27 such files available when requested pursuant to the provisions of this 28 article. The division shall require that no information included in the 29 registry shall be made available except in the furtherance of the 30 provisions of this article. 31 3. The division shall develop a standardized registration form to be 32 made available to the appropriate authorities and promulgate rules and 33 regulations to implement the provisions of this section. 34 4. The division shall mail a nonforwardable verification form to the 35 last reported address of the person for annual verification require- 36 ments. 37 5. The division shall also establish and operate a telephone number as 38 provided for in section one hundred sixty-seven-j of this article. 39 6. The division shall also establish a violent predator subdirectory 40 pursuant to section one hundred sixty-seven-k of this article. 41 7. The division shall also establish a public awareness campaign to 42 advise the public of the provisions of this article. 43 § 164. Violent felony offender; relocation; notification. 1. In the 44 case of any violent felony offender, it shall be the duty of the depart- 45 ment, hospital or local correctional facility at least ten calendar days 46 prior to the release or discharge of any violent felony offender from a 47 correctional facility, hospital or local correctional facility to notify 48 the law enforcement agency having jurisdiction where appropriate, and 49 law enforcement agency having had jurisdiction at the time of his or her 50 conviction, of the contemplated release or discharge of such violent 51 felony offender, informing such law enforcement agencies of the name and 52 aliases of the violent felony offender, the address at which he or she 53 proposes to reside, the address at which he or she resided at the time 54 of his or her conviction, the amount of time remaining to be served, if 55 any, on the full term for which he or she was sentenced, and the nature 56 of the crime for which he or she was sentenced, transmitting at the sameS. 1107 4 1 time a copy of such violent felony offender's fingerprints and photo- 2 graph and a summary of his or her criminal record. If such violent felo- 3 ny offender changes his or her place of residence while on parole, such 4 notification of the change of residence shall be sent by the violent 5 felony offender's parole officer within forty-eight hours to the law 6 enforcement agency in which the new place of residence is located. 7 2. In the case of any violent felony offender convicted and sentenced 8 to probation, conditional discharge or unconditional discharge, it shall 9 be the duty of the court within twenty-four hours after such sentence to 10 notify the law enforcement agency having jurisdiction, where appropri- 11 ate, and the law enforcement agency having had jurisdiction at the time 12 of his or her conviction, if different from where he or she currently 13 resides, and/or where he or she currently resides, of the sentence of 14 probation, conditional discharge or unconditional discharge, informing 15 such law enforcement agencies of the name and aliases of the person, the 16 address at which he or she proposes to reside, resided at and/or at 17 which he or she currently resides, the amount of time to be served on 18 probation, and the nature of the crime for which he or she was 19 sentenced, transmitting at the same time a copy of such violent felony 20 offender's fingerprints and photograph and a summary of his or her crim- 21 inal record. If such person changes his or her place of residence while 22 on probation, such notification of the change of residence shall be sent 23 by the violent felony offender's probation officer within forty-eight 24 hours to the law enforcement agency having jurisdiction in which the new 25 place of residence is located. 26 3. In the case of any violent felony offender, who on the effective 27 date of this subdivision is on parole or probation, it shall be the duty 28 of such violent felony offender's parole or probation officer within 29 forty-five calendar days of the effective date of this subdivision to 30 notify the law enforcement agency having had jurisdiction in which such 31 person resided at the time of his or her conviction, if different from 32 where he or she currently resides and/or where he or she currently 33 resides, of the name and aliases of such violent felony offender, the 34 address at which he or she resided and/or at which he or she currently 35 resides, the amount of time to be served on parole or probation, the 36 nature of the crime for which he or she was sentenced, transmitting at 37 the same time a copy of such violent felony offender's fingerprints and 38 photograph and a summary of his or her criminal record. If such violent 39 felony offender changes his or her place of residence while on parole or 40 probation, such notification of the change of residence shall be sent by 41 the violent felony offender's parole or probation officer within forty- 42 eight hours to the law enforcement agency having jurisdiction in which 43 the new place of residence is located. 44 4. In the case in which any violent felony offender escapes from a 45 state or local correctional facility or hospital, the designated offi- 46 cial of the facility or hospital where the person was confined shall 47 notify within twenty-four hours the law enforcement agency having had 48 jurisdiction at the time of his or her conviction, informing such law 49 enforcement agency of the name and aliases of the person, and the 50 address at which he or she resided at the time of his or her conviction, 51 the amount of time remaining to be served if any, on the full term for 52 which he or she was sentenced, and the nature of the crime for which he 53 or she was sentenced, transmitting at the same time a copy of such 54 violent felony offender's fingerprints and photograph and a summary of 55 his or her criminal record.S. 1107 5 1 § 165. Duties of the court. 1. Upon conviction the court shall certify 2 that the person is a violent felony offender and shall include the 3 certification in the order of commitment. The court shall also advise 4 the violent felony offender of the duties of this article. 5 2. Any violent felony offender, who is released on probation or 6 discharged upon payment of a fine shall, prior to such release or 7 discharge, be informed of his or her duty to register under this article 8 by the court in which he or she was convicted. Where the court orders a 9 violent felony offender released on probation, such order must include a 10 provision requiring that he or she comply with the requirements of this 11 article. Where such violent felony offender violates such provision, 12 probation may be immediately revoked in the manner provided by article 13 four hundred ten of the criminal procedure law. The court shall require 14 the violent felony offender to read and sign such form as may be 15 required by the division stating the duty to register and the procedure 16 for registration has been explained to him or her. The court shall on 17 such form obtain the address where the violent felony offender expects 18 to reside upon his or her release, and shall report the address to the 19 division. The court shall give one copy of the form to the violent felo- 20 ny offender and shall send two copies to the division which shall 21 forward one copy to the law enforcement agency having jurisdiction where 22 the violent felony offender expects to reside upon his or her release. 23 Within ten calendar days of being released on probation or discharged 24 upon payment of a fine, such violent felony offender shall register with 25 the division for purposes of verifying such violent felony offender's 26 intended place of residence. On each anniversary of the violent felony 27 offender's original registration date, the provisions of section one 28 hundred sixty-seven of this article shall apply. The division shall 29 also immediately forward the conviction data and fingerprints to the 30 Federal Bureau of Investigation if not already obtained. 31 3. For violent felony offenders under this section, it shall be the 32 duty of the court applying the guidelines established in subdivision 33 five of section one hundred sixty-seven-f of this article to determine 34 the duration of registration pursuant to section one hundred sixty-sev- 35 en-b of this article and notification pursuant to subdivision six of 36 section one hundred sixty-seven-f of this article. In making the deter- 37 mination, the court shall review any victim's statement and any materi- 38 als submitted by the violent felony offender. The court shall also allow 39 the violent felony offender to appear and be heard, and inform the 40 violent felony offender of his or her right to have counsel appointed, 41 if necessary. 42 § 166. Discharge of violent felony offender from correctional facili- 43 ty; duties of official in charge. 1. Any violent felony offender, to be 44 discharged, paroled or released from any state or local correctional 45 facility, hospital or institution where he or she was confined or 46 committed, shall within forty-five calendar days prior to discharge, 47 parole or release, be informed of his or her duty to register under this 48 article, by the facility in which he or she was confined or committed. 49 The facility shall require the violent felony offender to read and sign 50 such form as may be required by the division stating the duty to regis- 51 ter and the procedure for registration has been explained to him or her. 52 The facility shall obtain on such form the address where the violent 53 felony offender expects to reside upon his or her discharge, parole or 54 release and shall report the address to the division. The facility shall 55 give one copy of the form to the violent felony offender and shall send 56 two copies to the division which shall forward one copy to the lawS. 1107 6 1 enforcement agency having jurisdiction where the violent felony offender 2 expects to reside upon his or her discharge, parole or release. In addi- 3 tion, the facility shall give the violent felony offender a form to 4 register with the division within ten calendar days for purposes of 5 verifying such violent felony offender's intended place of residence. 6 2. The division shall also immediately transmit the conviction data 7 and fingerprints to the Federal Bureau of Investigation, if not already 8 obtained. 9 § 167. Duty to register. 1. Any violent felony offender, who is 10 discharged, paroled or released from any state or local correctional 11 facility, hospital or institution where he or she was confined or 12 committed, shall register with the division within ten calendar days for 13 purposes of verifying such violent felony offender's intended place of 14 residence. 15 2. For a violent felony offender required to register under this arti- 16 cle on each anniversary of the violent felony offender's initial regis- 17 tration date during the period on which he or she is required to regis- 18 ter under this section the following applies: 19 (a) The violent felony offender shall mail the verification form to 20 the division within ten calendar days after receipt of the form. 21 (b) The verification form shall be signed by the violent felony offen- 22 der, and state that he or she still resides at the address last reported 23 to the division. 24 (c) If the violent felony offender fails to mail the verification form 25 to the division within ten calendar days after receipt of the form, he 26 or she shall be in violation of this section. 27 3. The provisions of subdivision two of this section shall be applied 28 to a violent felony offender required to register under this article 29 except that such violent felony offender designated as a violent preda- 30 tor must personally verify with the local law enforcement agency, the 31 registration every ninety calendar days after the date of the initial 32 release or commencement of parole. 33 4. Any violent felony offender shall register with the division within 34 ten calendar days prior to any change of address. The division shall, if 35 the violent felony offender changes residence to another state, notify 36 the appropriate state law enforcement agency with which the violent 37 felony offender must register in the new state. If any person required 38 to register as provided in this article changes the address of his or 39 her residence, the violent felony offender shall within ten calendar 40 days, inform in writing the law enforcement agency where last registered 41 of the new address. The law enforcement agency shall, within three 42 calendar days of receipt of the new address, forward this information to 43 the division and to the law enforcement agency having jurisdiction in 44 the new place of residence. 45 5. The duty to register under the provisions of this article shall not 46 be applicable to any violent felony offender whose conviction was 47 reversed upon appeal or who was pardoned by the governor. 48 § 167-a. Prior convictions; duty to inform and register. 1. It shall 49 be the duty of the sentencing court applying the guidelines established 50 in subdivision five of section one hundred sixty-seven-f of this article 51 to determine the duration of registration pursuant to section one 52 hundred sixty-seven-b of this article and notification pursuant to 53 subdivision six of section one hundred sixty-seven-f of this article and 54 notification for every violent felony offender who on the effective date 55 of this article is then on parole or probation for committing a violent 56 felony offense or a class A offense defined in the penal law except forS. 1107 7 1 a class A offense defined in article two hundred twenty of the penal 2 law. 3 2. Every violent felony offender who on the effective date of this 4 article is then on parole or probation for a violent felony offense 5 shall within ten calendar days of such determination register with his 6 or her parole or probation officer. On each anniversary of the violent 7 felony offender's initial registration date thereafter, the provisions 8 of section one hundred sixty-seven of this article shall apply. Any 9 violent felony offender who fails or refuses to so comply shall be 10 subject to the same penalties as otherwise provided for in this article 11 which would be imposed upon a violent felony offender who fails or 12 refuses to so comply with the provisions of this article on or after 13 such effective date. 14 3. It shall be the duty of the parole or probation officer to inform 15 and register such violent felony offender according to the requirements 16 imposed by this article. A parole or probation officer shall give one 17 copy of the form to the violent felony offender and shall, within three 18 calendar days, send two copies electronically or otherwise to the divi- 19 sion which shall forward one copy electronically or otherwise to the law 20 enforcement agency having jurisdiction where the violent felony offender 21 resides upon his or her parole, probation, or upon any form of state or 22 local conditional release. 23 4. A petition for relief from this section is permitted to any violent 24 felony offender required to register while released on parole or 25 probation pursuant to section one hundred sixty-seven-i of this article. 26 § 167-b. Duration of registration. The duration of registration for a 27 violent felony offender shall be annually for a period of ten years from 28 the initial date of registration, provided, however, that for a violent 29 predator, shall annually register and verify quarterly for a minimum of 30 ten years unless the court determines in accordance with section one 31 hundred sixty-seven-i of this article, that the person no longer suffers 32 from a mental abnormality that would make him or her likely to engage in 33 a predatory violent offense. 34 § 167-c. Registration requirements. Registration as required by this 35 article shall consist of a statement in writing signed by the violent 36 felony offender giving the information that is required by the division 37 and the division shall enter the information into an appropriate elec- 38 tronic database or file. 39 § 167-d. Notification of local law enforcement agencies of change of 40 address. 1. Upon receipt of a change of address by a violent felony 41 offender required to register under this article, the local law enforce- 42 ment agency where the violent felony offender last registered shall 43 within three calendar days of receipt of the new address, forward this 44 information to the division and to the local law enforcement agency 45 having jurisdiction of the new place of residence. 46 2. A change of address by a violent felony offender required to regis- 47 ter under this article shall be immediately reported by the division to 48 the appropriate law enforcement agency having jurisdiction where the 49 violent felony offender is residing. 50 3. Upon receipt of change of address information, the local law 51 enforcement agency having jurisdiction of the new place of residence 52 shall adhere to the notification provisions set forth in subdivision six 53 of section one hundred sixty-seven-f of this article. 54 § 167-e. Registration for change of address from another state. 1. A 55 violent felony offender who has been convicted of an offense which 56 requires registration under section one hundred sixty-seven-c of thisS. 1107 8 1 article shall register the new address with the division no later than 2 ten calendar days after such violent felony offender establishes resi- 3 dence in this state. The division shall coordinate with the designated 4 law enforcement agency of the state of which the individual departed on 5 information relevant to the duration of registration. 6 2. The division shall advise the board that the offender has estab- 7 lished residence in this state. The board shall determine whether the 8 offender is required to register with the division. If it is determined 9 that the offender is required to register, the division shall notify the 10 offender of his or her duty to register under this article and shall 11 require the offender to sign a form as may be required by the division 12 acknowledging that the duty to register and the procedure for registra- 13 tion has been explained to the offender. The division shall obtain on 14 such form the address where the offender expects to reside within the 15 state and the offender shall retain one copy of the form and send two 16 copies to the division which shall provide the information to the law 17 enforcement agency having jurisdiction where the offender expects to 18 reside within this state. No later than thirty days prior to the board 19 making a recommendation, the offender shall be notified that his or her 20 case is under review and that he or she is permitted to submit to the 21 board any information relevant to the review. After reviewing any infor- 22 mation obtained, and applying the guidelines established in subdivision 23 five of section one hundred sixty-seven-f of this article, the board 24 shall within sixty calendar days make a recommendation regarding the 25 level of notification pursuant to subdivision six of section one hundred 26 sixty-seven-f of this article and whether such offender shall be desig- 27 nated a violent felony offender or a violent predator. This recommenda- 28 tion shall be confidential and shall not be available for public 29 inspection. It shall be submitted by the board to the county court or 30 supreme court and to the district attorney in the county of residence of 31 the offender and to the offender. It shall be the duty of the county 32 court or supreme court in the county of residence of the offender, 33 applying the guidelines established in subdivision five of section one 34 hundred sixty-seven-f of this article, to determine the level of notifi- 35 cation pursuant to subdivision six of section one hundred sixty-seven-f 36 of this article and whether such offender shall be designated a violent 37 felony offender or a violent predator. At least thirty days prior to 38 the determination proceeding, such court shall notify the district 39 attorney and the offender, in writing, of the date of the determination 40 proceeding and the court shall also provide the district attorney and 41 offender with a copy of the recommendation received from the board and 42 any statement of the reasons for the recommendation received from the 43 board. This notice shall include the following statement or a substan- 44 tially similar statement: "This proceeding is being held to determine 45 whether you will be classified as a level 3 offender (risk of repeat 46 offense is high), a level 2 offender (risk of repeat offense is moder- 47 ate), or a level 1 offender (risk of repeat offense is low), or whether 48 you will be designated as a violent felony offender or a violent preda- 49 tor, which will determine how long you must register as an offender and 50 how much information can be provided to the public concerning your 51 registration. If you fail to appear at this proceeding, without suffi- 52 cient excuse, it shall be held in your absence. Failure to appear may 53 result in a longer period of registration or a higher level of community 54 notification because you are not present to offer evidence or contest 55 evidence offered by the district attorney." The court shall also advise 56 the offender that he or she has a right to a hearing prior to theS. 1107 9 1 court's determination, that he or she has the right to be represented by 2 counsel at the hearing and that counsel will be appointed if he or she 3 is financially unable to retain counsel. A returnable form shall be 4 enclosed in the court's notice to the offender on which the offender may 5 apply for assignment of counsel. If the offender applies for assignment 6 of counsel and the court finds that the offender is financially unable 7 to retain counsel, the court shall assign counsel to represent the 8 offender pursuant to article eighteen-B of the county law. If the 9 district attorney seeks a determination that differs from the recommen- 10 dation submitted by the board, at least ten days prior to the determi- 11 nation proceeding the district attorney shall provide to the court and 12 the offender a statement setting forth the determinations sought by the 13 district attorney together with the reasons for seeking such determi- 14 nations. The court shall allow the offender to appear and be heard. The 15 state shall appear by the district attorney, or his or her designee, who 16 shall bear the burden of proving the facts supporting the determinations 17 sought by clear and convincing evidence. It shall be the duty of the 18 court applying the guidelines established in subdivision five of section 19 one hundred sixty-seven-f of this article to determine the level of 20 notification pursuant to subdivision six of section one hundred sixty- 21 seven-f of this article and whether such offender shall be designated a 22 violent felony offender or a violent predator. Where there is a dispute 23 between the parties concerning the determinations, the court shall 24 adjourn the hearing as necessary to permit the offender or the district 25 attorney to obtain materials relevant to the determinations from the 26 state board of examiners of offenders or any state or local facility, 27 hospital, institution, office, agency, department or division. Such 28 materials may be obtained by subpoena if not voluntarily provided to the 29 requesting party. In making the determinations the court shall review 30 any victim's statement and any relevant materials and evidence submitted 31 by the offender and the district attorney and the recommendation and any 32 material submitted by the board, and may consider reliable hearsay 33 evidence submitted by either party, provided that it is relevant to the 34 determinations. If available, facts proven at trial or elicited at the 35 time of a plea of guilty shall be deemed established by clear and 36 convincing evidence and shall not be relitigated. The court shall render 37 an order setting forth its determinations and the findings of fact and 38 conclusions of law on which the determinations are based. A copy of the 39 order shall be submitted by the court to the division. Upon application 40 of either party, the court shall seal any portion of the court file or 41 record which contains material that is confidential under any state or 42 federal statute. Either party may appeal as of right from the order 43 pursuant to the provisions of articles fifty-five, fifty-six and fifty- 44 seven of the civil practice law and rules. Where counsel has been 45 assigned to represent the offender upon the ground that the offender is 46 financially unable to retain counsel, that assignment shall be continued 47 throughout the pendency of the appeal, and the person may appeal as a 48 poor person pursuant to article eighteen-B of the county law. 49 3. If an offender, having been given notice, including the time and 50 place of the determination proceeding in accordance with this section, 51 fails to appear at this proceeding, without sufficient excuse, the court 52 shall conduct the hearing and make the determinations in the manner set 53 forth in subdivision two of this section. 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 boardS. 1107 10 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 notS. 1107 11 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. 1107 12 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 telephone number. 1. Pursuant to section one hundred 37 sixty-three of this article, the division shall also operate a telephone 38 number that members of the public may call and inquire whether a named 39 individual required to register pursuant to this article is listed. The 40 division shall ascertain whether a named person reasonably appears to be 41 a person so listed and provide the caller with the relevant information 42 according to risk as described in subdivision six of section one hundred 43 sixty-seven-f of this article. The division shall decide whether the 44 named person reasonably appears to be a person listed, based upon infor- 45 mation from the caller providing information that shall include (a) an 46 exact street address, including apartment number, driver's license 47 number or birth date, along with additional information that may include 48 social security number, hair color, eye color, height, weight, distinc- 49 tive markings, ethnicity; or (b) any combination of the above listed 50 characteristics if an exact birth date or address is not available. If 51 three of the characteristics provided include ethnicity, hair color, and 52 eye color, other identifying characteristics shall be provided. Any 53 information identifying the victim by name, birth date, address or 54 relation to the person listed by the division shall be excluded by the 55 division.S. 1107 13 1 2. Whenever there is reasonable cause to believe that any person or 2 group of persons is engaged in a pattern or practice of misuse of the 3 telephone number, the attorney general, any district attorney or any 4 person aggrieved by the misuse of the number is authorized to bring a 5 civil action in the appropriate court requesting preventive relief, 6 including an application for a permanent or temporary injunction, 7 restraining order or other order against the person or group of persons 8 responsible for the pattern or practice of misuse. The foregoing reme- 9 dies shall be independent of any other remedies or procedures that may 10 be available to an aggrieved party under other provisions of law. Such 11 person or group of persons shall be subject to a fine of not less than 12 five hundred dollars and not more than one thousand dollars. 13 3. The division shall submit to the legislature an annual report on 14 the operation of the telephone number. The annual report shall include, 15 but not be limited to, all of the following: 16 (a) number of calls received; 17 (b) a detailed outline of the amount of money expended and the manner 18 in which it was expended for purposes of this section; 19 (c) number of calls that resulted in an affirmative response and the 20 number of calls that resulted in a negative response with regard to 21 whether a named individual was listed; 22 (d) number of persons listed; and 23 (e) a summary of the success of the telephone number program based 24 upon selected factors. 25 § 167-k. Violent predator subdirectory. 1. The division shall maintain 26 a subdirectory of violent predators. The subdirectory shall include the 27 exact address and photograph of the violent felony offender along with 28 the following information, if available: name, physical description, age 29 and distinctive markings. Background information including the violent 30 felony offender's crime of conviction, modus of operation, type of 31 victim targeted, and a description of special conditions imposed on the 32 violent felony offender shall also be included. The subdirectory shall 33 have violent felony offender listings categorized by county and zip 34 code. A copy of the subdirectory shall annually be distributed to the 35 offices of local village, town or city police departments for purposes 36 of public access. Such departments shall require that a person in writ- 37 ing express a purpose in order to have access to the subdirectory and 38 such department shall maintain these requests. Any information identify- 39 ing the victim by name, birth date, address or relation to the violent 40 felony offender shall be excluded from the subdirectory distributed for 41 purposes of public access. The subdirectory provided for in this section 42 shall be updated periodically to maintain its efficiency and usefulness 43 and may be computer accessible. 44 2. Any person who uses information disclosed pursuant to this section 45 in violation of the law shall in addition to any other penalty or fine 46 imposed, be subject to a fine of not less than five hundred dollars and 47 not more than one thousand dollars. Unauthorized removal or duplication 48 of the subdirectory from the offices of local, village or city police 49 department shall be punishable by a fine not to exceed one thousand 50 dollars. In addition, the attorney general, any district attorney, or 51 any person aggrieved is authorized to bring a civil action in the appro- 52 priate court requesting preventive relief, including an application for 53 a permanent or temporary injunction, restraining order, or other order 54 against the person or group of persons responsible for such action. The 55 foregoing remedies shall be independent of any other remedies or proce-S. 1107 14 1 dures that may be available to an aggrieved party under other provisions 2 of law. 3 § 167-l. Immunity from liability. 1. No official, employee or agency, 4 whether public or private, shall be subject to any civil or criminal 5 liability for damages for any discretionary decision to release relevant 6 and necessary information pursuant to this section, provided that it is 7 shown that such official, employee or agency acted reasonably and in 8 good faith. The immunity provided under this section applies to the 9 release of relevant information to other employees or officials or to 10 the general public. 11 2. Nothing in this section shall be deemed to impose any civil or 12 criminal liability upon or to give rise to a cause of action against any 13 official, employee or agency, whether public or private, for failing to 14 release information as authorized in this section provided that it is 15 shown that such official, employee or agency acted reasonably and in 16 good faith. 17 § 167-m. Annual report. The division shall on or before February first 18 in each year file a report with the governor, and the legislature 19 detailing the program, compliance with provisions of this article and 20 effectiveness of the provisions of this article, together with any 21 recommendations to further enhance the intent of this article. 22 § 167-n. Failure to register; penalty. Any person required to register 23 pursuant to the provisions of this article who fails to register in the 24 manner and within the time periods provided for in this article shall be 25 guilty of a class E felony for the first offense, and for a second or 26 subsequent offense shall be guilty of a class D felony respectively in 27 accordance with sections 195.03 and 195.04 of the penal law. Any such 28 failure to register may also be the basis for revocation of parole 29 pursuant to section two hundred fifty-nine-i of the executive law which 30 shall be in addition to any other penalties provided by law. 31 § 167-o. Unauthorized release of information. The unauthorized release 32 of any information required by this article shall be a class B misdemea- 33 nor. 34 § 167-p. Severability. If any clause, sentence, paragraph, section or 35 part of this act shall be adjudged by any court of competent jurisdic- 36 tion to be invalid and after exhaustion of all further judicial review, 37 the judgment shall not affect, impair or invalidate the remainder there- 38 of, but shall be confined in its operation to the clause, sentence, 39 paragraph, section or part of this act directly involved in the contro- 40 versy in which the judgment shall have been rendered. 41 § 167-q. Subdirectory; internet posting. 1. The division shall main- 42 tain a subdirectory of level two and three violent felony offenders. The 43 subdirectory shall include the exact address, address of the offender's 44 place of employment and photograph of the violent felony offender along 45 with the following information, if available: name, physical 46 description, age and distinctive markings. Background information 47 including the violent felony offender's crime of conviction, modus of 48 operation, type of victim targeted, the name and address of any institu- 49 tion of higher education at which the violent felony offender is 50 enrolled, attends, is employed or resides and a description of special 51 conditions imposed on the violent felony offender shall also be 52 included. The subdirectory shall have violent felony offender listings 53 categorized by county and zip code. A copy of the subdirectory shall 54 annually be distributed to the offices of local village, town, city, 55 county or state law enforcement agencies for purposes of public access. 56 The division shall distribute monthly updates to the offices of localS. 1107 15 1 village, town, city, county or state law enforcement agencies for 2 purposes of public access. Such departments shall require that a person 3 in writing provide their name and address prior to viewing the subdirec- 4 tory. Any information identifying the victim by name, birth date, 5 address or relation to the violent felony offender shall be excluded 6 from the subdirectory distributed for purposes of public access. The 7 subdirectory provided for herein shall be updated monthly to maintain 8 its efficiency and usefulness and shall be computer accessible. Such 9 subdirectory shall be made available at all times on the internet via 10 the division homepage. Any person may apply to the division to receive 11 automated e-mail notifications whenever a new or updated subdirectory 12 registration occurs in a geographic area specified by such person. The 13 division shall furnish such service at no charge to such person, who 14 shall request e-mail notification by county and/or zip code on forms 15 developed and provided by the division. E-mail notification is limited 16 to three geographic areas per e-mail account. 17 2. Any person who uses information disclosed pursuant to this section 18 in violation of the law shall in addition to any other penalty or fine 19 imposed, be subject to a fine of not less than five hundred dollars and 20 not more than one thousand dollars. Unauthorized removal or duplication 21 of the subdirectory from the offices of local, village or city police 22 department shall be punishable by a fine not to exceed one thousand 23 dollars. In addition, the attorney general, any district attorney, or 24 any person aggrieved is authorized to bring a civil action in the appro- 25 priate court requesting preventive relief, including an application for 26 a permanent or temporary injunction, restraining order, or other order 27 against the person or group of persons responsible for such action. The 28 foregoing remedies shall be independent of any other remedies or proce- 29 dures that may be available to an aggrieved party under other provisions 30 of law. 31 § 4. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law; provided, however, that effective immediate- 33 ly, the addition, amendment and/or repeal of any rule or regulation 34 necessary for the implementation of this act on its effective date are 35 authorized and directed to be made and completed on or before such 36 effective date.
