NY Corr L § 168-O (2021)
2021 New York Laws COR - Correction Article 6-C - Sex Offender Registration Act 168-O - Petition for Relief or Modification.

§  168-o. Petition for relief or modification. 1. Any sex offender who   is classified as a level two risk, and who has  not  been  designated  a   sexual  predator,  or  a  sexually  violent offender, or a predicate sex   offender, who is required to register or verify pursuant to this article   and who has been registered for a minimum period of thirty 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. 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  petition,  if  granted,  shall not relieve the   petitioner of the  duty  to  register  pursuant  to  this  article  upon   conviction  of  any offense requiring registration in the future. Such a   petition shall not be considered more than once every two years. 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 petition the sentencing court or the court  which  made  the   determination regarding the level of notification for an order modifying   the  level  of  notification.  The petition shall set forth the level of   notification  sought,  together  with  the  reasons  for  seeking   such   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 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 level of   notification for a sex offender with the sentencing court  or  with  the   court  which made the determination regarding the level of notification,   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  level of notification sought, together with the reasons   for seeking such determination. The district  attorney  shall  bear  the   burden  of  proving  the facts supporting the requested modification, by   clear and convincing evidence. In the event that the district attorney's   petition is granted, 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  represent  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.4.  Upon  receipt of a petition submitted pursuant to subdivision one,   two or three of this section, the court shall  forward  a  copy  of  the   petition  to  the board and request an updated recommendation pertaining   to the sex offender and shall provide a copy  of  the  petition  to  the   other  party.    The court shall also advise the sex offender that he or   she has the right to be  represented  by  counsel  at  the  hearing  and   counsel  will  be appointed if he or she is financially unable to retain   counsel. 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  offender,  pursuant  to   article  eighteen-B of the county law. Where the petition was filed by a   district attorney, at least thirty  days  prior  to  making  an  updated   recommendation  the  board  shall notify the sex offender and his or her   counsel that the offender's case is  under  review  and  he  or  she  is   permitted to submit to the board any information relevant to the review.   The  board's  updated  recommendation  on  the  sex  offender  shall  be   confidential and shall not be available  for  public  inspection.  After   receiving  an  updated  recommendation  from  the board concerning a sex   offender, the court shall, at least thirty days prior to ruling upon the   petition, provide a copy  of  the  updated  recommendation  to  the  sex   offender,  the  sex  offender's  counsel  and  the district attorney and   notify them, in writing, of the date set by the court for a  hearing  on   the petition. After reviewing the recommendation received from the board   and  any  relevant  materials and evidence submitted by the sex offender   and the district attorney, the court may grant or deny the petition. The   court may also consult with the victim prior to making  a  determination   on  the  petition.  The  court  shall  render an order setting forth its   determination, and the findings of fact and conclusions of law on  which   the  determination is based. If the petition is granted, it shall be the   obligation of the court to submit a copy of its order 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.