Expands the statement of notice of a registration determination hearing to be given to a sex offender to include notice of the right to counsel and that the failure to appear shall be a violation of the sex offender registration act; removes the proof of residence exception for failure to mail the signed verification form; makes all violations of the sex offender registration act class D felonies.

---

S1542-2011 Actions

• May 2, 2012: referred to correction
• May 1, 2012: DELIVERED TO ASSEMBLY
• May 1, 2012: PASSED SENATE
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.541
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to correction
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.976
• Jan 10, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1542-2011 Meetings

Crime Victims, Crime and Correction: Jun 2, 2011, Crime Victims, Crime and Correction: Apr 18, 2012

S1542-2011 Calendars

Active List: May 1, 2012 , Active List: Jun 14, 2011 , Floor Calendar: Apr 19, 2012 , Floor Calendar: Apr 25, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011

S1542-2011 Votes

S1542-2011 Memo

BILL NUMBER:S1542

TITLE  OF BILL:  An act to amend the public authorities law, in relation
to the membership of the New  York  city  water  board;  and  to  repeal
certain provisions of such law relating thereto

PURPOSE:   To make changes to the composition of the New York city water
board.

SUMMARY OF PROVISIONS:

Section one of the bill would change the composition  of  the  New  York
City  water  board  from  seven  appointees,  all  by  the mayor to four
appointees by the mayor, one each by the city comptroller, public  advo-
cate and speaker of the New York city council.

Section two makes certain technical amendments.

Section  three  sets forth the effective date and the process and timing
for the new appointments.

JUSTIFICATION:  The Water Board leases the City's water and sewer system
from the City and is required to set rates and collect  revenues  suffi-
cient  to  cover  operating  and debt service expenses. Board powers and
responsibilities are set forth in the statute creating the Board and the
NYC Municipal Water Finance Authority ("NYW");  the  Lease  between  the
Board  and  the  City;  and the Financing Agreement among the Board, the
City and NYW.

Under the current statute, the Board consists of seven members appointed
to two year terms by the Mayor. The Mayor also appoints the  Chairperson
from  among  the  members.  If  not  reappointed,  a member serves until
replaced. Events of the past three years  have  demonstrated  that  this
sole  Mayoral  control of the Water Board does not serve the best inter-
ests of the public.

In the FY 2008 - FY 2010 rate-setting cycles, three  successive  double-
digit  increases  in  water  and sewer rates were imposed.   Fundamental
questions about the factors contributing to such increases  were  raised
by  Water Board members, civic and affordable housing organizations, and
elected officials.

These concerns came to a head in the FY 2009 rate-setting process in May
2008. In  response,  then-DEP  Commissioner  Emily  Lloyd  committed  to
conduct an independent in-depth study of the overall rate structure, and
to  have  the study completed in time to inform the Board's FY 2010 rate
setting. The Water Board agreed to pay for this study out of  water  and
sewer fee revenues.

Also  in  2008,  another  issue emerged that drew public and Water Board
attention, that of gas drilling in the Marcellus  Shale  formation  that

underlies,  in  part,  the  Catskill-Delaware  watershed.  This drilling
incorporates a new technique called hydraulic fracturing  that  involves
toxic  chemicals  and very high volumes of water. DEP's response to this
new threat to the watershed was to commission a study with an indetermi-
nate  due  date. Several members of the Board expressed concern that DEP
was not moving aggressively enough to protect  the  watershed  from  the
risks  of  this  drilling, which could undercut the Filtration Avoidance
Determination and the hundreds of millions of dollars the City has spent
to protect the watershed.

Subsequent to these two instances  of  Board  members  challenging  City
actions,  three  of  the  Board members who had expressed concerns about
City policy resigned from the Board,  one  of  them  after  having  been
replaced  as  Chairman  after many years of service. Under the new Board
leadership, no effort has been made to hold the DEP to its commitment to
complete the rate study, which as a result was not been completed on the
promised timetable and was not available in the Water Board's 2010 rate-
setting process. The DEP study on gas drilling is also incomplete  after
almost a year.

These  actions  and  outcomes  demonstrate  the  inadequacy of the Water
Board's current membership structure to safeguard the interests of rate-
payers and the water system. With full Mayoral control and  composition,
the  Board  is  merely an instrument of City policy rather than an inde-
pendent actor. This affects not only the decisions of the Board but  the
very  process  by  which decisions are reached - there is no independent
questioning, monitoring or accountability imposed on the City.

This bill would address the Board's lack of true independence by  adding
appointees  of other City-wide elected officials to the Board.  It would
not expand the Board, but rather, replace 3 of the 7 Mayoral  appointees
with  appointees  of  the  City  Comptroller,  City Council Speaker, and
Public Advocate. While the Mayor would continue to appoint  a  majority,
these  new members would ensure that new and ongoing challenges would be
addressed freely and impartially.

LEGISLATIVE HISTORY:  2009: Referred to Rules 2010: Referred  to  Corpo-
rations,  Authorities  &  Commissions  2011:  Referred  to Corporations,
Authorities & Commissions 2012: Referred  to  Corporations,  Authorities
Commissions

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  Immediately, with provisions.

S1542-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1542

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 10, 2011
                                 ___________

  Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
    printed to be committed to the Committee on Crime Victims,  Crime  and
    Correction

  AN  ACT to amend the correction law, in relation to notice to sex offen-
    ders of their determination hearing and the penalty for violations  by
    sex offenders

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Subdivisions 2 and 4 of section  168-d  of  the  correction
  law,  subdivision 2 as amended and subdivision 4 as added by chapter 684
  of the laws of 2005, are amended to read as follows:

    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 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 enforce-
  ment agencies having jurisdiction.  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06168-01-1

 S. 1542                             2

  [This] THE notice TO THE SEX OFFENDER shall include the following state-
  ment  [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. YOU HAVE A RIGHT TO
  A HEARING BEFORE THE COURT MAKES THESE DETERMINATIONS. YOU HAVE A  RIGHT
  TO  BE  REPRESENTED BY COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED
  IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUNSEL. FAILURE  TO  APPEAR  AT
  THE  HEARING  IS  A  VIOLATION OF THIS ARTICLE. 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.]  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 eighteen-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 require-
  ments of this article. Where such sex offender violates such  provision,
  probation  may  be immediately revoked in the manner provided by article
  four hundred ten of the criminal procedure law.
    4. If a sex offender, having been given notice  OF  THE  DETERMINATION
  PROCEEDING,  including the time and place [of the determination proceed-
  ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
  HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
  shall conduct the hearing and make the determinations in the manner  set
  forth in subdivision three of this section.
    S  2.  Section  168-f of the correction law is amended by adding a new
  subdivision 1-a to read as follows:

    1-A. EACH SEX OFFENDER SHALL APPEAR AT THE  DETERMINATION  PROCEEDING,
  SET  FORTH  IN SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF
  THIS ARTICLE, SUBDIVISION TWO OF SECTION ONE  HUNDRED  SIXTY-EIGHT-K  OF
  THIS  ARTICLE  OR SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N
  OF THIS ARTICLE, HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER
  SUCH SEX OFFENDER  SHALL  BE  DESIGNATED  A  SEXUAL  PREDATOR,  SEXUALLY
  VIOLENT OFFENDER, OR PREDICATE SEX OFFENDER.
    S 3. Paragraph (c) of subdivision 2 of section 168-f of the correction
  law,  as  amended by chapter 453 of the laws of 1999, is amended to read
  as follows:

    (c) If the sex offender fails to mail the signed verification form  to
  the  division  within ten calendar days after receipt of the form, he or
  she shall be in violation of this [section unless he proves that  he  or
  she has not changed his or her residence address] ARTICLE.

 S. 1542                             3

    S  4.  Subdivisions  2  and  4 of section 168-k of the correction law,
  subdivision 2 as amended and subdivision 4 as added by  chapter  684  of
  the laws of 2005, are 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 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] THE notice TO  THE  SEX  OFFENDER  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.
  YOU  HAVE  A  RIGHT  TO  A HEARING BEFORE THE COURT MAKES THESE DETERMI-
  NATIONS. YOU HAVE A RIGHT TO BE REPRESENTED BY COUNSEL AT THAT  HEARING.
  COUNSEL  WILL  BE PROVIDED IF YOU ARE FINANCIALLY UNABLE TO RETAIN COUN-

 S. 1542                             4

  SEL. FAILURE TO APPEAR AT THE HEARING IS A VIOLATION OF THIS ARTICLE. 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 finan-
  cially 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  finan-
  cially  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  mate-
  rial  submitted by the board, and may consider reliable hearsay evidence
  submitted by either party, provided that it is relevant to the  determi-
  nations.  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  conclu-
  sions  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

 S. 1542                             5

  appeal  as  a  poor  person pursuant to article eighteen-B of the county
  law.
    4.  If  a  sex offender, having been given notice OF THE DETERMINATION
  PROCEEDING, including the time and place [of the determination  proceed-
  ing]  THEREOF  in  accordance  with this section, fails to appear AND BE
  HEARD at [this] SUCH 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.
    S 5. Subdivisions 3 and 6 of section  168-n  of  the  correction  law,
  subdivision  3  as  amended and subdivision 6 as added by chapter 684 of
  the laws of 2005, are 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. [This] THE  notice  TO  THE  SEX
  OFFENDER shall include the following statement [or a substantially simi-
  lar 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 predi-
  cate  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. YOU HAVE A RIGHT TO A HEARING BEFORE THE
  COURT MAKES THESE DETERMINATIONS. YOU HAVE A RIGHT TO BE REPRESENTED  BY
  COUNSEL AT THAT HEARING. COUNSEL WILL BE PROVIDED IF YOU ARE FINANCIALLY
  UNABLE  TO  RETAIN  COUNSEL.  FAILURE  TO  APPEAR  AT  THE  HEARING IS A
  VIOLATION OF THIS ARTICLE. 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
  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 coun-
  sel will be appointed if he or she is financially unable to retain coun-
  sel, 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

 S. 1542                             6

  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 attor-
  ney 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.  Where  there is a dispute between the
  parties concerning the 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 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  mate-
  rials submitted by the board, and may consider reliable hearsay evidence
  submitted  by either party, provided that it is relevant to the determi-
  nations. 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 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.
    6. If a sex offender, having been given notice  OF  THE  DETERMINATION
  PROCEEDING,  including the time and place [of the determination proceed-
  ing] THEREOF in accordance with this section, fails  to  appear  AND  BE
  HEARD  at [this] SUCH proceeding, [without sufficient excuse,] the court
  shall conduct the hearing and make the determinations in the manner  set
  forth in subdivision three of this section.
    S 6. Section 168-t of the correction law, as amended by chapter 373 of
  the laws of 2007, is amended to read as follows:

    S  168-t.  [Penalty]  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION
  PROCEEDING, ANNUALLY VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN
  INSTITUTION  OF  HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF
  STATUS AT AN INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF
  RESIDENCE IN STATE, OR COMPLY WITH  THE  PROHIBITION  OF  EMPLOYMENT  ON
  MOTOR  VEHICLES  ENGAGED IN RETAIL SALE OF FROZEN DESSERTS; PENALTY.  1.
  Any sex offender required to register [or to  verify]  pursuant  to  the
  provisions  of  this  article  [who  fails  to register or verify in the
  manner and within the time periods provided for in  this  article  shall
  be]  IS  guilty  of  [a  class  E  felony  upon conviction for the first
  offense, and upon conviction for a second or subsequent offense shall be

 S. 1542                             7

  guilty of] FAILURE TO REGISTER, APPEAR AT THE DETERMINATION  PROCEEDING,
  ANNUALLY  VERIFY,  PERSONALLY VERIFY, NOTIFY OF STATUS AT AN INSTITUTION
  OF HIGHER EDUCATION, NOTIFY OF ADDRESS CHANGE OR CHANGE OF STATUS AT  AN
  INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
  STATE,  OR  COMPLY  WITH THE PROHIBITION OF EMPLOYMENT ON MOTOR VEHICLES
  ENGAGED IN THE RETAIL SALE OF FROZEN DESSERTS WHEN HE OR SHE:

    (A) FAILS TO REGISTER WITH THE DIVISION ON  A  FORM  PREPARED  BY  THE
  DIVISION  (I)  AT  LEAST  TEN  CALENDAR DAYS PRIOR TO DISCHARGE, PAROLE,
  RELEASE TO POST-RELEASE SUPERVISION OR RELEASE FROM ANY STATE  OR  LOCAL
  CORRECTIONAL  FACILITY,  HOSPITAL  OR  INSTITUTION  WHERE  HE OR SHE WAS
  CONFINED OR COMMITTED, OR (II) AT THE TIME SENTENCE IS IMPOSED  FOR  ANY
  SEX OFFENDER RELEASED ON PROBATION OR DISCHARGED UPON PAYMENT OF A FINE,
  CONDITIONAL  DISCHARGE  OR  UNCONDITIONAL  DISCHARGE,  OR (III) UPON THE
  DIVISION'S REQUEST FOLLOWING A  DETERMINATION  BY  THE  BOARD  THAT  THE
  OFFENDER  IS REQUIRED TO REGISTER PURSUANT TO SUBDIVISION TWO OF SECTION
  ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE; OR
    (B) FAILS TO APPEAR AT THE  DETERMINATION  PROCEEDING,  SET  FORTH  IN
  SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-D OF THIS ARTICLE,
  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-K OF THIS ARTICLE  OR
  SUBDIVISION  THREE OF SECTION ONE HUNDRED SIXTY-EIGHT-N OF THIS ARTICLE,
  HELD TO DETERMINE THE LEVEL OF NOTIFICATION AND WHETHER SUCH SEX  OFFEN-
  DER SHALL BE DESIGNATED A SEXUAL PREDATOR, SEXUALLY VIOLENT OFFENDER, OR
  PREDICATE SEX OFFENDER; OR
    (C)  FAILS  TO SIGN AND RETURN TO THE DIVISION THE ANNUAL VERIFICATION
  FORM MAILED BY THE DIVISION TO HIS OR HER LAST REPORTED ADDRESS PURSUANT
  TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE WITHIN TEN CALENDAR
  DAYS AFTER RECEIPT OF THE FORM; OR
    (D) FAILS TO PERSONALLY VERIFY HIS OR HER ADDRESS WITH THE  LOCAL  LAW
  ENFORCEMENT  AGENCY 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 AFTER HAVING BEEN GIVEN A LEVEL THREE  DESIGNATION  OR  HAVING
  BEEN DESIGNATED A SEXUAL PREDATOR; OR
    (E)  FAILS  TO  PROVIDE  THE DIVISION WITH THE NAME AND ADDRESS OF ANY
  INSTITUTION OF HIGHER EDUCATION HE OR SHE EXPECTS  TO  BE  EMPLOYED  BY,
  ENROLLED  IN, ATTENDING OR EMPLOYED AT, WHETHER FOR COMPENSATION OR NOT,
  AND WHETHER HE OR SHE EXPECTS TO RESIDE IN A FACILITY OWNED OR  OPERATED
  BY SUCH AN INSTITUTION; OR
    (F) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
  ANY CHANGE OF ADDRESS; OR
    (G) FAILS TO NOTIFY THE DIVISION NO LATER THAN TEN CALENDAR DAYS AFTER
  ANY CHANGE OF STATUS AT AN INSTITUTION OF HIGHER EDUCATION; OR
    (H) FAILS TO NOTIFY THE DIVISION WITHIN TEN CALENDAR DAYS AFTER ESTAB-
  LISHING  RESIDENCE  IN  THIS STATE IN THE CASE OF A SEX OFFENDER WHO HAS
  BEEN CONVICTED OF AN OFFENSE WHICH REQUIRES REGISTRATION UNDER PARAGRAPH
  (D) OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED  SIXTY-EIGHT-A  OF  THIS
  ARTICLE  OR  PARAGRAPH  (B)  OF SUBDIVISION THREE OF SECTION ONE HUNDRED
  SIXTY-EIGHT-A OF THIS ARTICLE; OR
    (I) VIOLATES THE PROVISIONS OF SECTION ONE  HUNDRED  SIXTY-EIGHT-V  OF
  THIS ARTICLE.
    2.  FAILURE TO REGISTER, APPEAR AT THE DETERMINATION PROCEEDING, ANNU-
  ALLY VERIFY, PERSONALLY VERIFY, NOTIFY OF STATUS AT  AN  INSTITUTION  OF
  HIGHER  EDUCATION,  NOTIFY  OF  ADDRESS CHANGE OR CHANGE OF STATUS AT AN
  INSTITUTION OF HIGHER EDUCATION, NOTIFY OF ESTABLISHMENT OF RESIDENCE IN
  STATE, OR COMPLY WITH THE PROHIBITION OF EMPLOYMENT  ON  MOTOR  VEHICLES
  ENGAGED  IN THE RETAIL SALE OF FROZEN DESSERTS IS a class D felony. [Any

 S. 1542                             8

  sex offender who violates the provisions of section one  hundred  sixty-
  eight-v  of  this  article shall be guilty of a class A misdemeanor upon
  conviction for the first offense, and upon conviction for  a  second  or
  subsequent offense shall be guilty of a class D felony.]
    3.  Any such failure [to register or verify] may also be the basis for
  revocation of parole pursuant to section two hundred fifty-nine-i of the
  executive law or the basis for revocation of probation pursuant to arti-
  cle four hundred ten of the criminal procedure law.
    S 7. This act shall take effect immediately.