2006 New York Code - 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.