LAWS OF NEW YORK, 2002
CHAPTER 11
Megan's Law


EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law to be omitted.

LAWS OF NEW YORK, 2002
CHAPTER 11

AN ACT to amend the correction law, in relation to the registration of
sex offenders

Became a law March 11, 2002, with the approval of the Governor. Passed
on message of necessity pursuant to Article III, section 14 of the
Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Subdivision 2 of section 168-a of the correction law, as
amended by chapter 453 of the laws of 1999, is amended to read as
follows:
2. "Sex offense" means: (a) (i) a conviction of or a conviction for an
attempt to commit any of the provisions of sections 130.20, 130.25,
130.30, 130.40, 130.45, 130.60 and 255.25 or article two hundred sixty-
three of the penal law, or section 135.05, 135.10, 135.20 or 135.25 of
such law relating to kidnapping offenses, provided the victim of such
kidnapping or related offense is less than seventeen years old and the
offender is not the parent of the victim, or sections 230.04, where the
person patronized is in fact less than seventeen years of age, 230.05 or
230.06 or subdivision two of section 230.30 [or ], section 230.32 of the
penal law, or (ii) a conviction of or a conviction for an attempt to
commit any of the provisions of section 235.22 of the penal law, or
(iii) a conviction of or a conviction for an attempt to commit any
provisions of the foregoing sections committed or attempted as a hate
crime defined in section 485.05 of the penal law or as a crime of
terrorism defined in section 490.25 of such law; or
(b) a conviction of or a conviction for an attempt to commit any of
the provisions of section 130.52 or 130.55 of the penal law, provided
the victim of such offense is less than eighteen years of age; or
(c) a conviction of or a conviction for an attempt to commit any of
the provisions of section 130.52 or 130.55 of the penal law regardless
of the age of the victim and the offender has previously been convicted
of: (i) a sex offense defined in this article, (ii) a sexually violent
offense defined in this article, or (iii) any of the provisions of
section 130.52 or 130.55 of the penal law, or an attempt thereof; or
(d) a conviction of (i) an offense in any other jurisdiction which
includes all of the essential elements of any such [felony ] crime
provided for in paragraph (a) of this subdivision [for which a sentence
to a term of imprisonment in excess of one year or a sentence of death
was authorized in that jurisdiction irrespective of whether such
sentence was imposed ] or [conviction of ] (ii) a felony in any other
jurisdiction [for which a sentence to a term of imprisonment in excess
of one year or a sentence of death was authorized in that jurisdiction
and ] for which the offender is required to register as a sex offender in
the jurisdiction in which the conviction occurred or, (iii) any of the
provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18 U.S.C. 2252, 18 U.S.C.
2252A, or 18 U.S.C. 2260, provided that the elements of such crime of
conviction are substantially the same as those which are a part of such
offense as of the date on which this subparagraph takes effect.
§ 2. Paragraphs (a) and (b) of subdivision 3 of section 168-a of the
correction law, as amended by chapter 453 of the laws of 1999, are
amended to read as follows:
(a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of sections 130.35, 130.50, 130.65, 130.66, 130.67,
130.70, 130.75 and 130.80 of the penal law, or (ii) a conviction of or a
conviction for an attempt to commit any of the provisions of sections
130.53, 130.65-a and 130.90 of the penal law, or (iii) a conviction of
or a conviction for an attempt to commit any provisions of the foregoing
sections committed or attempted as a hate crime defined in section
485.05 of the penal law or as a crime of terrorism defined in section
490.25 of such law; or
(b) a conviction of an offense in any other jurisdiction which
includes all of the essential elements of any such felony provided for
in paragraph (a) of this subdivision [for which a sentence to a term of
imprisonment in excess of one year or a sentence of death was authorized
and is authorized in this state irrespective of whether such sentence
was imposed ] or conviction of a felony in any other jurisdiction [for
which a sentence to a term of imprisonment in excess of one year or a
sentence of death was authorized in that jurisdiction and ] for which the
offender is required to register as a sex offender in the jurisdiction
in which the conviction occurred.
§ 3. Subdivision 4 of section 168-a of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
4. "Law enforcement agency having jurisdiction" means: (a) (i) the
chief law enforcement officer in the village, town or city in which the
offender expects to reside upon his or her discharge, probation, parole,
release to post-release supervision or upon any form of state or local
conditional release; or [(b) ] (ii) if there be no chief law enforcement
officer in such village, town or city, the chief law enforcement officer
of the county in which the offender expects to reside; or [(c) ] (iii) if
there be no chief enforcement officer in such village, town, city or
county, the division of state police and (b) in the case of a sex offen-
der who is or expects to be employed by, enrolled in, attending or
employed, whether for compensation or not, at an institution of higher
education, (i) the chief law enforcement officer in the village, town or
city in which such institution is located; or (ii) if there be no chief
law enforcement officer in such village, town or city, the chief law
enforcement officer of the county in which such institution is located;
or (iii) if there be no chief law enforcement officer in such village,
town, city or county, the division of state police; and (iv) if such
institution operates or employs a campus law enforcement or security
agency, the chief of such agency.
§ 4. Subdivision 7 of section 168-a of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
7. ["Sexually violent predator" means a sex offender for whom the
risk of repeat offense is high and there exists a threat to the public
safety as determined pursuant to paragraph (c) of subdivision six of
section one hundred sixty-eight-l of this article ] (a) "Sexual predator"
means a sex offender who has been convicted of a sexually violent
offense defined in subdivision three of this section and who suffers
from a mental abnormality or personality disorder that makes him or her
likely to engage in predatory sexually violent offenses.
(b) "Sexually violent offender" means a sex offender who has been
convicted of a sexually violent offense defined in subdivision three of
this section.
(c) "Predicate sex offender" means a sex offender who has been
convicted of an offense set forth in subdivision two or three of this
section when the offender has been previously convicted of an offense
set forth in subdivision two or three of this section.
§ 5. Section 168-a of the correction law is amended by adding three
new subdivisions 13, 14 and 15 to read as follows:
13. "Institution of higher education" means an institution in the
state providing higher education as such term is defined in subdivision
eight of section two of the education law.
14. "Nonresident worker" means any person required to register as a
sex offender in another jurisdiction who is employed or carries on a
vocation in this state, on either a full-time or a part-time basis, with
or without compensation, for more than fourteen consecutive days, or for
an aggregate period exceeding thirty days in a calendar year.
15. "Nonresident student" means a person required to register as a sex
offender in another jurisdiction who is enrolled on a full-time or part-
time basis in any public or private educational institution in this
state including any secondary school, trade or professional institution
or institution of higher education.
§ 6. Subdivisions 1 and 3 of section 168-b of the correction law, as
added by chapter 192 of the laws of 1995 and paragraph (a) of subdivi-
sion 1 as amended by chapter 1 of the laws of 2000, are amended to read
as follows:
1. The division shall establish and maintain a file of individuals
required to register pursuant to the provisions of this article which
shall include the following information of each registrant:
(a) The sex offender's name, all aliases used, date of birth, sex,
race, height, weight, eye color, driver's license number, home address
and/or expected place of domicile, any internet accounts belonging to
such offender and any internet screen names used by such offender.
(b) A photograph and set of fingerprints.
(c) A description of the offense for which the sex offender was
convicted, the date of conviction and the sentence imposed.
(d) The name and address of any institution of higher education at
which the sex offender is or expects to be enrolled, attending or
employed, whether for compensation or not, and whether such offender
resides in or will reside in a facility owned or operated by such insti-
tution.
(e) Any other information deemed pertinent by the division.
3. The division shall develop a standardized registration form to be
made available to the appropriate authorities and promulgate rules and
regulations to implement the provisions of this section. Such form shall
be written in clear and concise language and shall advise the sex offen-
der of his or her duties and obligations under this article.
§ 7. Section 168-c of the correction law, as added by chapter 192 of
the laws of 1995, is amended to read as follows:
§ 168-c. Sex offender; relocation; notification. 1. In the case of any
sex offender, it shall be the duty of the department, hospital or local
correctional facility at least ten calendar days prior to the release or
discharge of any sex offender from a correctional facility, hospital or
local correctional facility to notify the [law enforcement agency having
jurisdiction where appropriate, and law enforcement agency having had
jurisdiction at the time of his conviction, ] division of the contem-
plated release or discharge of such sex offender, informing [such law
enforcement agencies of the name and aliases of the sex offender, ] the
division in writing on a form provided by the division indicating the
address at which he or she proposes to reside[, the address at which he
resided at the time of his conviction, the amount of time remaining to
be served, if any, on the full term for which he was sentenced, and the
nature of the crime for which he was sentenced, transmitting at the same
time a copy of such sex offender's fingerprints and photograph and a
summary of his criminal record ] and the name and address of any institu-
tion of higher education at which he or she expects to be enrolled,
attending or employed, whether for compensation or not, and whether he
or she resides in or will reside in a facility owned or operated by such
institution. If such sex offender changes his or her place of residence
while on parole, such notification of the change of residence shall be
sent by the sex offender's parole officer within forty-eight hours to
the [law enforcement agency in which the new place of residence is
located ] division on a form provided by the division. If such sex offen-
der changes the status of his or her enrollment, attendance, employment
or residence at any institution of higher education while on parole,
such notification of the change of status shall be sent by the sex
offender's parole officer within forty-eight hours to the division on a
form provided by the division.
2. In the case of any sex offender [convicted and sentenced to ] on
probation, [conditional discharge or unconditional discharge, ] it shall
be the duty of the [court within twenty-four hours after such sentence
to notify the law enforcement agency having jurisdiction, where appro-
priate, and of the law enforcement agency having had jurisdiction at the
time of his conviction, if different from where he currently resides,
and/or where he currently resides, of the sentence of probation, condi-
tional discharge or unconditional discharge, informing such law enforce-
ment agencies of the name and aliases of the person, the address at
which he proposes to reside, resided at and/or at which he currently
resides, the amount of time to be served on probation, and the nature of
the crime for which he was sentenced, transmitting at the same time a
copy of such sex offender's fingerprints and photograph and a summary of
his criminal record. If such person changes his place of residence
while on probation, such notification of the change of residence shall
be sent by the ] sex offender's probation officer to notify the division
within forty-eight hours [to the law enforcement agency having jurisdic-
tion in which ] of the new place of residence [is located ] on a form
provided by the division. If such sex offender changes the status of
his or her enrollment, attendance, employment or residence at any insti-
tution of higher education while on probation, such notification of the
change of status shall be sent by the sex offender's probation officer
within forty-eight hours to the division on a form provided by the divi-
sion.
3. [In the case of any sex offender, who on the effective date of this
subdivision is on parole or probation, it shall be the duty of such sex
offender's parole or probation officer within forty-five calendar days
of the effective date of this subdivision to notify the law enforcement
agency having had jurisdiction in which such person resided at the time
of his conviction, if different from where he currently resides and/or
where he currently resides, of the name and aliases of such sex offen-
der, the address at which he resided and/or at which he currently
resides, the amount of time to be served on parole or probation, the
nature of the crime for which he was sentenced, transmitting at the same
time a copy of such sex offender's fingerprints and photograph and a
summary of his criminal record. If such sex offender changes his place
of residence while on parole or probation, such notification of the
change of residence shall be sent by the sex offender's parole or
probation officer within forty-eight hours to the law enforcement agency
having jurisdiction in which the new place of residence is located. For
purposes of this subdivision, a sex offender on probation or parole
includes a person convicted in any other state of any crime which would
have been punishable as an offense defined in section one hundred
sixty-eight-a of this article if committed in the state of New York who
is serving a term of probation or parole on or after the effective date
of this subdivision and resides in or enters the state of New York
pursuant to a compact as authorized in section two hundred fifty-nine-m
of the executive law.
4. ] In the case in which any sex offender escapes from a state or
local correctional facility or hospital, the designated official of the
facility or hospital where the person was confined shall notify within
twenty-four hours the law enforcement agency having had jurisdiction at
the time of his or her conviction, informing such law enforcement agency
of the name and aliases of the person, and the address at which he or
she resided at the time of his or her conviction, the amount of time
remaining to be served, if any, on the full term for which he or she was
sentenced, and the nature of the crime for which he or she was
sentenced, transmitting at the same time a copy of such sex offender's
fingerprints and photograph and a summary of his or her criminal record.
§ 8. Section 168-d of the correction law, as amended by chapter 453 of
the laws of 1999, is amended to read as follows:
§ 168-d. Duties of the court. 1. [Upon ] (a) Except as provided in
paragraphs (b) and (c) of this subdivision, upon conviction of any of
the offenses set forth in subdivision two or three of section one
hundred sixty-eight-a of this article the court shall certify that the
person is a sex offender and shall include the certification in the
order of commitment, if any, and judgment of conviction. The court shall
also advise the sex offender of his or her duties under this article.
Failure to include the certification in the order of commitment or the
judgment of conviction shall not relieve a sex offender of the obli-
gations imposed by this article.
(b) Where a defendant stands convicted of an offense defined in para-
graph (b) of subdivision two of section one hundred sixty-eight-a of
this article and the defendant controverts an allegation that the victim
of such offense was less than eighteen years of age, the court, without
a jury, shall, prior to sentencing, conduct a hearing, and the people
may prove by clear and convincing evidence that the victim was less than
eighteen years of age by any evidence admissible under the rules appli-
cable to a trial of the issue of guilt. The court in addition to such
admissible evidence may also consider reliable hearsay evidence submit-
ted by either party provided that it is relevant to the determination of
the age of the victim. Facts concerning the age of the victim proven at
trial or ascertained at the time of entry of a plea of guilty shall be
deemed established by clear and convincing evidence and shall not be
relitigated. At the conclusion of the hearing, or if the defendant does
not controvert an allegation that the victim of the offense was less
than eighteen years of age, the court must make a finding and enter an
order setting forth the age of the victim. If the court finds that the
victim of such offense was under eighteen years of age, the court shall
certify the defendant as a sex offender, the provisions of paragraph (a)
of this subdivision shall apply and the defendant shall register with
the division in accordance with the provisions of this article.
(c) Where a defendant stands convicted of an offense defined in para-
graph (c) of subdivision two of section one hundred sixty-eight-a of
this article and the defendant controverts an allegation that the
defendant was previously convicted of a sex offense or a sexually
violent offense defined in this article or has previously been convicted
of or convicted for an attempt to commit any of the provisions of
section 130.52 or 130.55 of the penal law, the court, without a jury,
shall, prior to sentencing, conduct a hearing, and the people may prove
by clear and convincing evidence that the defendant was previously
convicted of a sex offense or a sexually violent offense defined in this
article or has previously been convicted of or convicted for an attempt
to commit any of the provisions of section 130.52 or 130.55 of the penal
law, by any evidence admissible under the rules applicable to a trial of
the issue of guilt. The court in addition to such admissible evidence
may also consider reliable hearsay evidence submitted by either party
provided that it is relevant to the determination of whether the defend-
ant was previously convicted of a sex offense or a sexually violent
offense defined in this article or has previously been convicted of or
convicted for an attempt to commit any of the provisions of section
130.52 or 130.55 of the penal law. At the conclusion of the hearing, or
if the defendant does not controvert an allegation that the defendant
was previously convicted of a sex offense or a sexually violent offense
defined in this article or has previously been convicted of or convicted
for an attempt to commit any of the provisions of section 130.52 or
130.55 of the penal law, the court must make a finding and enter an
order determining whether the defendant was previously convicted of a
sex offense or a sexually violent offense defined in this article or has
previously been convicted of or convicted for an attempt to commit any
of the provisions of section 130.52 or 130.55 of the penal law. If the
court finds that the defendant has such a previous conviction, the court
shall certify the defendant as a sex offender, the provisions of para-
graph (a) of this subdivision shall apply and the defendant shall regis-
ter with the division in accordance with the provisions of this article.
2. Any sex offender, who is released on probation or discharged upon
payment of a fine, conditional discharge or unconditional discharge
shall, prior to such release or discharge, be informed of his or her
duty to register under this article by the court in which he or she was
convicted. At the time sentence is imposed, such sex offender shall
register with the division on a form prepared by the division. The court
shall require the sex offender to read and sign such form and to
complete the registration portion of such form. The court shall on such
form obtain the address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be employed by, enrolled in, attending
or employed, whether for compensation or not, and whether he or she
expects to reside in a facility owned or operated by such an institu-
tion, and shall report [the address ] such information to the division.
The court shall give one copy of the form to the sex offender and shall
send two copies to the division which shall forward the information to
the law enforcement [agency ] agencies having jurisdiction [where the sex
offender expects to reside upon his or her release ]. The court shall
also notify the district attorney and the sex offender of the date of
the determination proceeding to be held pursuant to subdivision three of
this section, which shall be held at least forty-five days after such
notice is given. The court shall also advise the sex offender that he or
she has a right to a hearing prior to the court's determination, that he
or she has the right to be represented by counsel at the hearing and
that counsel will be appointed if he or she is financially unable to
retain counsel. If the sex offender applies for assignment of counsel to
represent him or her at the hearing and counsel was not previously
assigned to represent the sex offender in the underlying criminal
action, the court shall determine whether the offender is financially
unable to retain counsel. If such a finding is made, the court shall
assign counsel to represent the sex offender pursuant to article eigh-
teen-B of the county law. Where the court orders a sex offender released
on probation, such order must include a provision requiring that he or
she comply with the requirements of this article. Where such sex offen-
der violates such provision, probation may be immediately revoked in the
manner provided by article four hundred ten of the criminal procedure
law.
3. For sex offenders released on probation or discharged upon payment
of a fine, conditional discharge or unconditional discharge, it shall be
the duty of the court applying the guidelines established in subdivision
five of section one hundred sixty-eight-l of this article to determine
the [duration of registration pursuant to section one hundred sixty-
eight-h of this article and ] level of notification pursuant to subdivi-
sion six of section one hundred sixty-eight-l of this article and wheth-
er such sex offender shall be designated a sexual predator, sexually
violent offender, or predicate sex offender as defined in subdivision
seven of section one hundred sixty-eight-a of this article. At least
fifteen days prior to the determination proceeding, the district attor-
ney shall provide to the court and the sex offender a written statement
setting forth the [duration of registration and level of notification ]
determinations sought by the district attorney together with the reasons
for seeking such determinations. The court shall allow the sex offender
to appear and be heard. The state shall appear by the district attorney,
or his or her designee, who shall bear the burden of proving the facts
supporting the [duration of registration and level of notification ]
determinations sought by clear and convincing evidence. Where there is a
dispute between the parties concerning the [duration of registration and
level of notification ] determinations, the court shall adjourn the hear-
ing as necessary to permit the sex offender or the district attorney to
obtain materials relevant to the [determination ] determinations from any
state or local facility, hospital, institution, office, agency, depart-
ment or division. Such materials may be obtained by subpoena if not
voluntarily provided to the requesting party. In making the [determi-
nation ] determinations, the court shall review any victim's statement
and any relevant materials and evidence submitted by the sex offender
and the district attorney and the court may consider reliable hearsay
evidence submitted by either party provided that it is relevant to the
[determination ] determinations. Facts previously proven at trial or
elicited at the time of entry of a plea of guilty shall be deemed estab-
lished by clear and convincing evidence and shall not be relitigated.
The court shall render an order setting forth its [risk level determi-
nation ] determinations and the findings of fact and conclusions of law
on which the [determination is ] determinations are based. A copy of the
order shall be submitted by the court to the division. Upon application
of either party, the court shall seal any portion of the court file or
record which contains material that is confidential under any state or
federal statute. Either party may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and fifty-
seven of the civil practice law and rules. Where counsel has been
assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
§ 9. Subdivision 1 of section 168-e of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
1. Any sex offender, to be discharged, paroled, released to post-re-
lease supervision or released from any state or local correctional
facility, hospital or institution where he or she was confined or
committed, shall at least fifteen calendar days prior to discharge,
parole or release, be informed of his or her duty to register under this
article, by the facility in which he or she was confined or committed.
The facility shall require the sex offender to read and sign such form
as may be required by the division stating the duty to register and the
procedure for registration has been explained to him or her and to
complete the registration portion of such form. The facility shall
obtain on such form the address where the sex offender expects to reside
upon his or her discharge, parole or release and the name and address of
any institution of higher education he or she expects to be employed by,
enrolled in, attending or employed, whether for compensation or not, and
whether he or she expects to reside in a facility owned or operated by
such an institution, and shall report [the address ] such information to
the division. The facility shall give one copy of the form to the sex
offender, retain one copy and shall send one copy to the division which
shall provide the information to the law enforcement [agency ] agencies
having jurisdiction [where the sex offender expects to reside upon his
or her discharge, parole or release ]. The facility shall give the sex
offender a form prepared by the division, to register with the division
at least fifteen calendar days prior to release and such form shall be
completed, signed by the sex offender and sent to the division by the
facility at least ten days prior to the sex offender's release or
discharge.
§ 10. Subdivision 3 of section 168-f of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
3. The provisions of subdivision two of this section shall be applied
to a sex offender required to register under this article except that
such sex offender designated as a [sexually violent ] sexual predator or
having been given a level three designation must personally verify his
or her address with the local law enforcement agency[, the registration ]
every ninety calendar days after the date of release or commencement of
parole or post-release supervision, or probation, or release on payment
of a fine, conditional discharge or unconditional discharge. The duty
to personally verify shall be temporarily suspended during any period in
which the sex offender is confined to any state or local correctional
facility, hospital or institution and shall immediately recommence on
the date of the sex offender's release.
§ 11. Subdivision 4 of section 168-f of the correction law, as added
by chapter 192 of the laws of 1995, is amended to read as follows:
4. Any sex offender shall register with the division [within ] no later
than ten calendar days [prior to ] after any change of address or any
change of his or her status of enrollment, attendance, employment or
residence at any institution of higher education. [The division shall,
if the sex offender changes residence to another state, notify the
appropriate state law enforcement agency with which the sex offender
must register in the new state. If any person required to register as
provided in this article changes the address of his residence, the sex
offender shall within ten calendar days, inform in writing the law
enforcement agency where last registered of the new address. The law
enforcement agency shall, within three calendar days of receipt of the
new address, forward this information to the department of criminal
justice services and to the law enforcement agency having jurisdiction
in the new place of residence. ]
§ 12. Section 168-f of the correction law is amended by adding a new
subdivision 6 to read as follows:
6. Any nonresident worker or nonresident student, as defined in subdi-
visions fourteen and fifteen of section one hundred sixty-eight-a of
this article, shall register his or her current address and the address
of his or her place of employment or educational institution attended
with the division within ten calendar days after such nonresident worker
or nonresident student commences employment or attendance at an educa-
tional institution in the state. Any nonresident worker or nonresident
student shall notify the division of any change of residence, employment
or educational institution address no later than ten days after such
change. The division shall notify the law enforcement agency where the
nonresident worker is employed or the educational institution is located
that a nonresident worker or nonresident student is present in that
agency's jurisdiction.
§ 13. Section 168-h of the correction law, as amended by chapter 453
of the laws of 1999, is amended to read as follows:
§ 168-h. Duration of registration and verification. 1. The duration
of registration and verification for a sex offender [shall be annually
for a period of ten years from the initial date of registration,
provided, however, that for a sexually violent predator, he shall annu-
ally verify his address with the division and shall also personally
verify his address every ninety calendar days with the local law
enforcement agency having jurisdiction where the offender resides for a
minimum of ten years unless the court determines in accordance with
section one hundred sixty-eight-o of this article, that the person no
longer suffers from a mental abnormality that would make him likely to
engage in a predatory sexually violent offense ] who has not been desig-
nated a sexual predator, or a sexually violent offender, or a predicate
sex offender, or who, as of March eleventh, two thousand two, was clas-
sified as a level one or level two risk, shall be annually for a period
of ten years from the initial date of registration.
2. The duration of registration and verification for a sex offender
who, on or after March eleventh, two thousand two, is designated a sexu-
al predator, or a sexually violent offender, or a predicate sex offen-
der, or who is, as of March eleventh, two thousand two, classified as a
level three risk, shall be annually for life. Notwithstanding the fore-
going, a sex offender who, as of March eleventh, two thousand two, was
classified as a level three risk, may be relieved of the duty to regis-
ter and verify as provided by subdivision one of section one hundred
sixty-eight-o of this article.
3. Any sex offender having been designated a level three risk or a
sexual predator shall also personally verify his or her address every
ninety calendar days with the local law enforcement agency having juris-
diction where the offender resides.
§ 14. Section 168-j of the correction law, as amended by chapter 453
of the laws of 1999, is amended to read as follows:
§ 168-j. Notification of local law enforcement agencies of change of
address. [(a) ] 1. Upon receipt of a change of address by a sex offender
required to register under this article, the division shall notify the
local law enforcement agency having jurisdiction of the new place of
residence and the local law enforcement agency where the sex offender
last resided of the new place of residence.
[(b) ] 2. Upon receipt of change of address information, the local law
enforcement agency having jurisdiction of the new place of residence
shall adhere to the notification provisions set forth in subdivision six
of section one hundred sixty-eight-l of this article.
3. The division shall, if the sex offender changes residence to anoth-
er state, notify the appropriate agency within that state of the new
place of residence.
4. Upon receipt of a change in the status of the enrollment, attend-
ance, employment or residence at an institution of higher education by a
sex offender required to register under this article, the division shall
notify each law enforcement agency having jurisdiction which is affected
by such change.
5. Upon receipt of change in the status of the enrollment, attendance,
employment or residence at an institution of higher education by a sex
offender required to register under this article, each law enforcement
agency having jurisdiction shall adhere to the notification provisions
set forth in subdivision six of section one hundred sixty-eight-l of
this article.
§ 15. Subdivision 2 of section 168-k of the correction law, as added
by chapter 453 of the laws of 1999, is amended to read as follows:
2. The division shall advise the board that the sex offender has
established residence in this state. The board shall determine whether
the sex offender is required to register with the division. If it is
determined that the sex offender is required to register, the division
shall notify the sex offender of his or her duty to register under this
article and shall require the sex offender to sign a form as may be
required by the division acknowledging that the duty to register and the
procedure for registration has been explained to the sex offender. The
division shall obtain on such form the address where the sex offender
expects to reside within the state and the sex offender shall retain one
copy of the form and send two copies to the division which shall provide
the information to the law enforcement agency having jurisdiction where
the sex offender expects to reside within this state. No later than
thirty days prior to the board making a recommendation, the sex offender
shall be notified that his or her case is under review and that he or
she is permitted to submit to the board any information relevant to the
review. After reviewing any information obtained, and applying the
guidelines established in subdivision five of section one hundred
sixty-eight-l of this article, the board shall within sixty calendar
days make a recommendation regarding the [duration of registration
pursuant to section one hundred sixty-eight-h of this article and ] level
of notification pursuant to subdivision six of section one hundred
sixty-eight-l of this article and whether such sex offender shall be
designated a sexual predator, sexually violent offender, or predicate
sex offender as defined in subdivision seven of section one hundred
sixty-eight-a of this article. This recommendation shall be confiden-
tial and shall not be available for public inspection. It shall be
submitted by the board to the county court or supreme court and to the
district attorney in the county of residence of the sex offender and to
the sex offender. It shall be the duty of the county court or supreme
court in the county of residence of the sex offender, applying the
guidelines established in subdivision five of section one hundred
sixty-eight-l of this article, to determine the [duration of registra-
tion pursuant to section one hundred sixty-eight-h of this article and ]
level of notification pursuant to subdivision six of section one hundred
sixty-eight-l of this article and whether such sex offender shall be
designated a sexual predator, sexually violent offender, or predicate
sex offender as defined in subdivision seven of section one hundred
sixty-eight-a of this article. At least thirty days prior to the deter-
mination proceeding, such court shall notify the district attorney and
the sex offender, in writing, of the date of the determination proceed-
ing and the court shall also provide the district attorney and sex
offender with a copy of the recommendation received from the board and
any statement of the reasons for the recommendation received from the
board. The court shall also advise the sex offender that he or she has a
right to a hearing prior to the court's determination, that he or she
has the right to be represented by counsel at the hearing and that coun-
sel will be appointed if he or she is financially unable to retain coun-
sel. A returnable form shall be enclosed in the court's notice to the
sex offender on which the sex offender may apply for assignment of coun-
sel. If the sex offender applies for assignment of counsel and the court
finds that the offender is financially unable to retain counsel, the
court shall assign counsel to represent the sex offender pursuant to
article eighteen-B of the county law. If the district attorney seeks a
determination that differs from the recommendation submitted by the
board, at least ten days prior to the determination proceeding the
district attorney shall provide to the court and the sex offender a
statement setting forth the [duration of registration and level of
notification ] determinations sought by the district attorney together
with the reasons for seeking such determinations. The court shall allow
the sex offender to appear and be heard. The state shall appear by the
district attorney, or his or her designee, who shall bear the burden of
proving the facts supporting the [duration of registration and level of
notification ] determinations sought by clear and convincing evidence. It
shall be the duty of the court applying the guidelines established in
subdivision five of section one hundred sixty-eight-l of this article to
determine the [duration of registration pursuant to section one hundred
sixty-eight-h of this article and ] level of notification pursuant to
subdivision six of section one hundred sixty-eight-l of this article and
whether such sex offender shall be designated a sexual predator, sexual-
ly violent offender, or predicate sex offender as defined in subdivision
seven of section one hundred sixty-eight-a of this article. Where there
is a dispute between the parties concerning the [duration of registra-
tion and level of notification ] determinations, the court shall adjourn
the hearing as necessary to permit the sex offender or the district
attorney to obtain materials relevant to the [determination ] determi-
nations from the state board of examiners of sex offenders or any state
or local facility, hospital, institution, office, agency, department or
division. Such materials may be obtained by subpoena if not voluntarily
provided to the requesting party. In making the [determination ] determi-
nations the court shall review any victim's statement and any relevant
materials and evidence submitted by the sex offender and the district
attorney and the recommendation and any material submitted by the board,
and may consider reliable hearsay evidence submitted by either party,
provided that it is relevant to the [determination ] determinations. If
available, facts proven at trial or elicited at the time of a plea of
guilty shall be deemed established by clear and convincing evidence and
shall not be relitigated. The court shall render an order setting forth
its [risk level determination ] determinations and the findings of fact
and conclusions of law on which the [determination is ] determinations
are based. A copy of the order shall be submitted by the court to the
division. Upon application of either party, the court shall seal any
portion of the court file or record which contains material that is
confidential under any state or federal statute. Either party may appeal
as of right from the order pursuant to the provisions of articles
fifty-five, fifty-six and fifty-seven of the civil practice law and
rules. Where counsel has been assigned to represent the sex offender
upon the ground that the sex offender is financially unable to retain
counsel, that assignment shall be continued throughout the pendency of
the appeal, and the person may appeal as a poor person pursuant to arti-
cle eighteen-B of the county law.
§ 16. Subparagraph (i) of paragraph (a) of subdivision 5 of section
168-l of the correction law, as added by chapter 192 of the laws of
1995, is amended to read as follows:
(i) whether the sex offender has a mental abnormality or personality
disorder that makes him or her likely to engage in predatory sexually
violent offenses;
§ 17. Subdivision 6 of section 168-l of the correction law, as added
by chapter 192 of the laws of 1995, the opening paragraph and paragraphs
(b) and (c) as amended by chapter 453 of the laws of 1999, is amended to
read as follows:
6. Applying these guidelines, the board shall within sixty calendar
days prior to the discharge, parole, release to post-release supervision
or release of a sex offender make a recommendation which shall be confi-
dential and shall not be available for public inspection, to the
sentencing court as to whether such sex offender warrants the desig-
nation of [sexually violent ] sexual predator, sexually violent offender,
or predicate sex offender as defined in subdivision seven of section one
hundred sixty-eight-a of this article. In addition, the guidelines shall
be applied by the board to make a recommendation to the sentencing court
which shall be confidential and shall not be available for public
inspection, providing for one of the following three levels of notifica-
tion depending upon the degree of the risk of re-offense by the sex
offender.
(a) If the risk of repeat offense is low, a level one designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his or her conviction
shall be notified pursuant to this article.
(b) If the risk of repeat offense is moderate, a level two designation
shall be given to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his or her conviction
shall be notified and may disseminate relevant information which may
include the name of the sex offender, approximate address based on sex
offender's zip code, a photograph of the offender, background informa-
tion including the offender's crime of conviction, modus of operation,
type of victim targeted, the name and address of any institution of
higher education at which the sex offender is enrolled, attends, is
employed or resides and the description of special conditions imposed on
the offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender. Any entity receiv-
ing information on a sex offender may disclose or further disseminate
such information at [their ] its discretion.
(c) If the risk of repeat offense is high and there exists a threat to
the public safety[, such sex offender shall be deemed a "sexually
violent predator" and ] a level three designation shall be given to such
sex offender. In such case, the law enforcement agency or agencies
having jurisdiction and the law enforcement agency or agencies having
had jurisdiction at the time of his or her conviction shall be notified
and may disseminate relevant information which may include the sex
offender's name, exact address, a photograph of the offender, background
information including the offender's crime of conviction, modus of oper-
ation, type of victim targeted, the name and address of any institution
of higher education at which the sex offender is enrolled, attends, is
employed or resides and the description of special conditions imposed on
the offender to any entity with vulnerable populations related to the
nature of the offense committed by such sex offender. Any entity receiv-
ing information on a sex offender may disclose or further disseminate
such information at [their ] its discretion. In addition, in such case,
the information described herein shall also be provided in the subdirec-
tory established in this article and notwithstanding any other provision
of law, such information shall, upon request, be made available to the
public.
§ 18. Subdivision 7 of section 168-l of the correction law, as added
by chapter 192 of the laws of 1995, is amended to read as follows:
7. Upon request by the court, pursuant to section one hundred sixty-
eight-o of this article, the board shall provide an updated report
pertaining to the sex offender petitioning for relief of the duty to
register or for a modification of his or her level of notification.
§ 19. Subdivision 8 of section 168-l of the correction law, as added
by chapter 453 of the laws of 1999, is amended to read as follows:
8. A failure by a state or local agency or the board to act or by a
court to render a determination within the time period specified in this
article shall not affect the obligation of the sex offender to register
or verify under this article nor shall such failure prevent a court from
making a determination regarding the sex offender's [duration of regis-
tration and ] level of notification and whether such offender is required
by law to be registered for a period of ten years or for life. Where a
court is unable to make a determination prior to the date scheduled for
a sex offender's discharge, parole, release to post-release supervision
or release, it shall adjourn the hearing until after the offender is
discharged, paroled, released to post-release supervision or released,
and shall then expeditiously complete the hearing and issue its determi-
nation.
§ 20. Subdivision 1 of section 168-n of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
1. A determination that an offender is a [sex offender or a sexually
violent ] sexual predator, sexually violent offender, or predicate sex
offender as defined in subdivision seven of section one hundred sixty-
eight-a of this article shall be made prior to the discharge, parole,
release to post-release supervision or release of such offender by the
sentencing court applying the guidelines established in subdivision five
of section one hundred sixty-eight-l of this article after receiving a
recommendation from the board pursuant to section one hundred sixty-
eight-l of this article.
§ 21. Subdivision 3 of section 168-n of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
3. No later than thirty days prior to the board's recommendation, the
sex offender shall be notified that his or her case is under review and
that he or she is permitted to submit to the board any information rele-
vant to the review. Upon receipt of the board's recommendation, the
sentencing court shall determine whether the sex offender was previously
found to be eligible for assigned counsel in the underlying case. Where
such a finding was previously made, the court shall assign counsel to
represent the offender, pursuant to article eighteen-B of the county
law. At least twenty days prior to the determination proceeding, the
sentencing court shall notify the district attorney, the sex offender
and the sex offender's counsel, in writing, of the date of the determi-
nation proceeding and shall also provide the district attorney, the sex
offender and the sex offender's counsel with a copy of the recommenda-
tion received from the board and any statement of the reasons for the
recommendation received from the board. The written notice to the sex
offender shall also advise the offender that he or she has a right to a
hearing prior to the court's determination, and that he or she has the
right to be represented by counsel at the hearing. If counsel has been
assigned to represent the offender at the determination proceeding, the
notice shall also provide the name, address and telephone number of the
assigned counsel. Where counsel has not been assigned, the notice shall
advise the sex offender that counsel will be appointed if he or she is
financially unable to retain counsel, and a returnable form shall be
enclosed in the court's notice to the sex offender on which the sex
offender may apply for assignment of counsel. If the sex offender
applies for assignment of counsel and the court finds that the offender
is financially unable to retain counsel, the court shall assign counsel
to represent the sex offender pursuant to article eighteen-B of the
county law. If the district attorney seeks a determination that differs
from the recommendation submitted by the board, at least ten days prior
to the determination proceeding the district attorney shall provide to
the court and the sex offender a statement setting forth the [duration
of registration and level of notification ] determinations sought by the
district attorney together with the reasons for seeking such determi-
nations. The court shall allow the sex offender to appear and be heard.
The state shall appear by the district attorney, or his or her designee,
who shall bear the burden of proving the facts supporting the [duration
of registration and level of notification ] determinations sought by
clear and convincing evidence. Where there is a dispute between the
parties concerning the [duration of registration and level of notifica-
tion ] determinations, the court shall adjourn the hearing as necessary
to permit the sex offender or the district attorney to obtain materials
relevant to the [determination ] determinations from the state board of
examiners of sex offenders or any state or local facility, hospital,
institution, office, agency, department or division. Such materials may
be obtained by subpoena if not voluntarily provided to the requesting
party. In making the [determination ] determinations the court shall
review any victim's statement and any relevant materials and evidence
submitted by the sex offender and the district attorney and the recom-
mendation and any materials submitted by the board, and may consider
reliable hearsay evidence submitted by either party, provided that it is
relevant to the [determination ] determinations. Facts previously proven
at trial or elicited at the time of entry of a plea of guilty shall be
deemed established by clear and convincing evidence and shall not be
relitigated. The court shall render an order setting forth its [risk
level determination ] determinations and the findings of fact and conclu-
sions of law on which the [determination is ] determinations are based. A
copy of the order shall be submitted by the court to the division. Upon
application of either party, the court shall seal any portion of the
court file or record which contains material that is confidential under
any state or federal statute. Either party may appeal as of right from
the order pursuant to the provisions of articles fifty-five, fifty-six
and fifty-seven of the civil practice law and rules. Where counsel has
been assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
§ 22. Subdivisions 1, 2 and 3 of section 168-o of the correction law,
subdivision 1 as amended and subdivisions 2 and 3 as added by chapter
453 of the laws of 1999, are amended to read as follows:
1. Any sex offender who, as of March eleventh, two thousand two, was
classified as a level three risk required to register or verify pursuant
to this article who has been registered for a minimum period of [ten ]
thirteen years may be relieved of any further duty to register upon the
granting of a petition for relief by the sentencing court or by the
court which made the determination regarding duration of registration
and level of notification [if a petition for relief is filed by a sex
offender who is required to register pursuant to the provisions of
section one hundred sixty-eight-k of this article ]. The sex offender
shall bear the burden of proving by clear and convincing evidence that
his or her risk of repeat offense and threat to public safety is such
that registration or verification is no longer necessary. Such peti-
tion, if granted, shall not relieve the petitioner of the duty to regis-
ter pursuant to this article upon conviction of any offense requiring
registration in the future. Such a petition shall not be considered
more than annually. In the event that the sex offender's petition for
relief is granted, the district attorney may appeal as of right from the
order pursuant to the provisions of articles fifty-five, fifty-six and
fifty-seven of the civil practice law and rules. Where counsel has been
assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
2. Any sex offender required to register or verify pursuant to this
article may [file a ] petition [to modify the duration of registration
and level of notification with ] the sentencing court or [with ] the court
which made the determination regarding [duration of registration and ]
the level of notification [if a petition is filed by a sex offender who
is required to register pursuant to the provisions of section one
hundred sixty-eight-k of this article ] for an order modifying the level
of notification. The petition shall set forth the [duration of regis-
tration and ] level of notification sought, together with the reasons for
seeking such [determinations ] determination. The sex offender shall bear
the burden of proving the facts supporting the requested modification by
clear and convincing evidence. Such a petition shall not be considered
more than annually. In the event that the sex offender's petition to
modify the [duration of registration and ] level of notification is
granted, the district attorney may appeal as of right from the order
pursuant to the provisions of articles fifty-five, fifty-six and fifty-
seven of the civil practice law and rules. Where counsel has been
assigned to represent the sex offender upon the ground that the sex
offender is financially unable to retain counsel, that assignment shall
be continued throughout the pendency of the appeal, and the person may
appeal as a poor person pursuant to article eighteen-B of the county
law.
3. The district attorney may file a petition to modify the [duration
of registration and ] level of notification for a sex offender with the
sentencing court or with the court which made the determination regard-
ing [duration of registration and ] the level of notification [if the
petition relates to a sex offender who is required to register pursuant
to the provisions of section one hundred sixty-eight-k of this article ],
where the sex offender (a) has been convicted of a new crime, or there
has been a determination after a proceeding pursuant to section 410.70
of the criminal procedure law or section two hundred fifty-nine-i of the
executive law that the sex offender has violated one or more conditions
imposed as part of a sentence of a conditional discharge, probation,
parole or post-release supervision for a designated crime, and (b) the
conduct underlying the new crime or the violation is of a nature that
indicates an increased risk of a repeat sex offense. The petition shall
set forth the [duration of registration and ] level of notification
sought, together with the reasons for seeking such [determinations ]
determination. The district attorney shall bear the burden of proving
the facts supporting the [required ] requested modification, by clear and
convincing evidence. [Such a petition shall not be considered more than
annually. ] In the event that the district attorney's petition is grant-
ed, the sex offender may appeal as of right from the order, pursuant to
the provisions of articles fifty-five, fifty-six and fifty-seven of the
civil practice law and rules. Where counsel has been assigned to repre-
sent the offender upon the ground that he or she is financially unable
to retain counsel, that assignment shall be continued throughout the
pendency of the appeal, and the person may proceed as a poor person,
pursuant to article eighteen-B of the county law.
§ 23. The section heading and subdivision 1 of section 168-q of the
correction law, the section heading as amended by chapter 453 of the
laws of 1999 and subdivision 1 as amended by chapter 490 of the laws of
2000, are amended to read as follows:
Subdirectory of [high risk (level 3) ] level three sex offenders. 1.
The division shall maintain a subdirectory of [sexually violent preda-
tors ] level three sex offenders. The subdirectory shall include the
exact address and photograph of the sex offender along with the follow-
ing information, if available: name, physical description, age and
distinctive markings. Background information including the sex
offender's crime of conviction, modus of operation, type of victim
targeted, the name and address of any institution of higher education at
which the sex offender is enrolled, attends, is employed or resides and
a description of special conditions imposed on the sex offender shall
also be included. The subdirectory shall have sex offender listings
categorized by county and zip code. A copy of the subdirectory shall
annually be distributed to the offices of local village, town, city,
county or state law enforcement agencies for purposes of public access.
The division shall distribute monthly updates to the offices of local
village, town, city, county or state law enforcement agencies for
purposes of public access. Such departments shall require that a person
in writing provide their name and address prior to viewing the subdirec-
tory. Any information identifying the victim by name, birth date,
address or relation to the sex offender shall be excluded from the
subdirectory distributed for purposes of public access. The subdirectory
provided for herein shall be updated monthly to maintain its efficiency
and usefulness and shall be computer accessible. Such subdirectory
shall be made available at all times on the internet via the division
homepage.
§ 24. This act shall take effect immediately provided, however, that:
(a) the provisions of subdivision 1 of section 168-d of the correction
law, as amended by section eight of this act, and sections one and two
of this act shall apply to offenses committed on or after such effective
date, except that:
(i) the provisions of subparagraphs (ii) and (iii) of paragraph (a) of
subdivision 2 of section 168-a of the correction law as added by section
one of this act shall apply to persons convicted of such an offense
prior to the effective date of this act who, on such effective date,
have not completed service of the sentence imposed thereon;
(ii) the provisions of subparagraph (iii) of paragraph (d) of subdivi-
sion 2 of section 168-a of the correction law as added by section one of
this act shall apply to persons convicted of such an offense prior to
the effective date of this act who, on such effective date, have not
completed service of the sentence imposed thereon;
(iii) the provisions of subparagraphs (ii) and (iii) of paragraph (a)
of subdivision 3 of section 168-a of the correction law as added by
section two of this act shall apply to persons convicted of such an
offense prior to the effective date of this act who, on such effective
date, have not completed service of the sentence imposed thereon;
(b) the provisions of sections seven, nine, eleven, twelve, and twen-
ty-three of this act, subdivision 2 of section 168-d of the correction
law, as amended by section eight of this act and subdivisions 4 and 5 of
section 168-j of the correction law, as added by section fourteen of
this act, shall take effect July 1, 2002; and
(c) the provisions of sections four, fifteen, nineteen, twenty and
twenty-one of this act and subdivision 3 of section 168-d of the
correction law, as amended by section eight of this act and the opening
paragraph of subdivision 6 of section 168-l of the correction law, as
amended by section seventeen of this act shall apply to sex offenders
for whom an initial risk level determination has not been made prior to
such effective date or who, on the effective date of this act, are not
members of the plaintiff class in the U.S. District Court, Southern
District of New York case entitled Doe v. Pataki, Index Number 96CIV1657
(DC).

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly


Page last updated Aug 6, 2003