NY Corr L § 168-K (2021)
2021 New York Laws COR - Correction Article 6-C - Sex Offender Registration Act 168-K - Registration for Change of Address From Another State.

§  168-k.  Registration for change of address from another state. 1. A   sex offender who  has  been  convicted  of  an  offense  which  requires   registration  under paragraph (d) of subdivision two or paragraph (b) of   subdivision three of section one hundred sixty-eight-a of  this  article   shall  notify the division of the new address no later than ten calendar   days after such sex offender establishes residence in this state.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 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 confidential 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 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   determination proceeding, such court shall notify the district  attorney   and  the  sex  offender,  in  writing,  of the date of the determination   proceeding 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.  This  notice  shall  include  the  following statement or a   substantially similar statement:  "This  proceeding  is  being  held  to   determine  whether you will be classified as a level 3 offender (risk of   repeat offense is high), a level 2 offender (risk of repeat  offense  is   moderate),  or  a  level  1 offender (risk of repeat offense is low), or   whether you will be designated as a sexual predator, a sexually  violent   offender  or a predicate sex offender, which will determine how long you   must register as a sex offender and how much information can be provided   to the public concerning your registration. If you  fail  to  appear  at   this  proceeding,  without  sufficient  excuse, it shall be held in your   absence. Failure to appear may result in a longer period of registration    or a higher level of community notification because you are not  present   to offer evidence or contest evidence offered by the district attorney."   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. 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  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  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  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.  Where  there is a dispute between the   parties concerning the  determinations,  the  court  shall  adjourn  the   hearing as necessary to permit the sex offender or the district attorney   to  obtain materials relevant to the 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 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  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   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 determinations and the findings of  fact  and   conclusions  of law on which the 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.3. The division shall undertake an information  campaign  designed  to   provide  information  to  officials and appropriate individuals in other   states  and  United  States  possessions  concerning  the   notification    procedures  required by this article. Such information campaign shall be   ongoing, and shall include, but not be limited to, letters, notice forms   and similar materials providing relevant information about this  article   and  the  specific  procedures  required  to  effect  notification. Such   materials shall include an  address  and  telephone  number  which  such   officials  and individuals in other states and United States possessions   may use to obtain additional information.4. If a sex offender, having been given notice, including the time and   place of the determination proceeding in accordance with  this  section,   fails to appear at this proceeding, without sufficient excuse, the court   shall  conduct the hearing and make the determinations in the manner set   forth in subdivision two of this section.