Corrections Law 6-C - Sex Offender Registration Act

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168-a Definitions

168-a: "___________" 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.

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Sexual predator

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168-b:

The _________ shall establish and maintain a file of individuals required to register pursuant to the provisions of this article which shall include the required information of each registrant.

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division

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168-b Sex offenders are classified into ______ levels.

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three levels (1,2 and 3)

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168-c Sex offender; relocation; notification

If 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 _______ the law enforcement agency.

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twenty-four hours

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168-d Duties of the court

After conviction, the _____ shall also advise the sex offender of his or her duties under this article.

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court

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168-d At the time sentence is imposed, a sex offender shall register with the division on a form prepared by the division. The court shall require the sex offender to read and ______ such form and to complete the registration portion of such form.

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sign

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168_d Notice of a determination proceeding (as to level of sex offender) shall be sent out by the court to the DA and ___________.

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the sex offender

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168-d T/F

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 determinations.

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True

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168-e Discharge of sex offender from correctional facility; duties of official in charge

The facility shall give the sex offender a form prepared by the division, to register with the division at least ________ 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_______ days prior to the sex offender's release or discharge.

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Fifteen..... ten

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168-f Duty to register and to verify

For a sex offender required to register under this article on each anniversary of the sex offender's initial registration date during the period in which he is required to register under this section shall mail the verification form to _________ within 10 days of receipt of form.

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the division

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168-f

A level ________ sex offender shall personally appear at the law enforcement agency having jurisdiction within 20 days of the first anniversary of the sex offender's initial registration and every year thereafter during the period of registration for the purpose of providing a current photograph of such offender.

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Three

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168-f

A sex offender designated as a sexual predator or having been given a level three designation must personally verify his or her address with the ___________________ 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

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the local law enforcement agency

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168-h Duration of registration and verification

The duration of registration and verification for a sex offender who is classified as a level one risk, or who has not yet received a risk level classification, shall be __________from the initial date if registration.

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....

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168-h

Any sex offender having been designated a level three risk or a sexual predator shall also personally verify his or her address every_________with the local law enforcement agency having jurisdiction where the offender resides.

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90 calendar days

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168-i Registration and verification requirements

Registration and verification as required by this article shall consist of ________________ giving the information that is required by the division and the division shall enter the information into an appropriate electronic data base or file.

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a statement in writing signed by the sex offender

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168-j Notification of law enforcement agencies of change of address

Upon receipt of a change of address by a sex offender, but in any event no more than_________ business days after such receipt, 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.

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Two business days

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168-k Registration for change of address from another state

T/F?

A sex offender who has been convicted of an offense which requires registration shall notify the division of the new address no later than ten calendar days after such sex offender establishes residence in this state.

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True

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168-k. T/f

When a sexual predator moves to NYS, 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. The board's recommendation 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. The court shall determine whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender.

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True

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168-i board of examiners

The board shall consist of_______members appointed by the Governor.

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Five (5)

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168-m review

Upon application of the sex offender or the district attorney, the court shall seal any portion of the board's file pertaining to the sex offender that contains material that is confidential under any state or federal law; provided. However, in any subsequent proceedings in which the sex offender who is the subject of the sealed record is a party and which requires the board to provide a recommendation to the court pursuant to this article such sealed record shall be available to the sex offender, the district attorney, the court and the_____________________.

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attorney general where the attorney general is a party, or represents a party, in the proceeding.

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168-n Judicial determination

A determination that an offender is a sexual predator, sexually violent offender, or predicate sex offender shall be made (prior / after) discharge, parole, release to post-relesse supervision or release of such offender by the sentencing court after receiving a recommendation from the board.

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Prior

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168-n

T/f?

The written notice for a judicial determination to the sex offender shall also advise the offender that he has a right to a hearing prior to the court's determination, and that he has the right to be represented by counsel at the hearing.

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True

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168-o Petition for relief or modification

Both the sex offender and ______can file a petition to modify a court sex offender classification.

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the DA

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168-p Special telephone number

Tf

The division shall operate a telephone number that members of the public may call free of charge and inquire whether a named individual required to register pursuant to this article is listed.

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True

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168-q Subdirectory; internet posting

The division shall maintain a sub directory of level_______sex offenders. Such subdirectory shall be made available at all times on the internet via the division homepage.

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two and three

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168-q

Any person who uses information disclosed pursuant to this section in violation of law shall in addition to any other penalty or fine imposed, be subject to a fine of not less than five hundred dollars and not more than_____.

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One thousand dollars

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168-q

Unauthorized removal or duplication of the subdirectory from the offices of local, village or city police department shall be punishable by a fine not to exceed ___________.

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One thousand dollars

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168-r Immunity from liability

T/F

No official, employee or agency, whether public or private, shall be subject to any civil or criminal liability for damages for any discretionary decision to release relevant and necessary information unless it is shown that such official, employee or agency acted with gross negligence or in bad faith.

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True

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168-s Annual report

The division shall on or before______first in each year file a report with the governor, and the legislature

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February

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168-t Penalty

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 guilty of a class _______ felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class ______ felony.

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E....D felonies

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168-u UNAUTHORIZED RELEASE OF INFORMATION

The unauthorized release of any information required by this article shall be a class ______ misdemeanor.

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B misdemeanor

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168-v. Prohibition of employment on motor vehicles engaged in retail of frozen desserts

T/F?

No person required to maintain registration under this article (sex offender registration act) shall operate, be employed on or dispense goods for sale at retail on a motor vehicle engaged in retail sales of frozen desserts

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True

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168-h Duration of registration and verification

168-h The duration of registration and verification for a sex offender who, is designated as a level two or level three risk, shall be __________.

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annually for life

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168-i. T/f

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 confidential and shall not be available for public inspection, to the sentencing court as to whether such sex offender warrants the designation of sexual predator, sexually violent offender, or predicate sex offender.

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True