Corrections Law 6C Flashcards
S168-C Sex Offender, Relocation, Notification
- Prior to release or discharge of a sex offender, the department, hospital, or local correctional facility must on at least _________ prior to release notify the division, on the division form:
- a.
- address at which offender proposes to reside,
- name and address of any institution of higher education at which offender expects to be enrolled, attending, or employed, whether for compensation or not, and whether offender resides in or will reside in a facility owned or operated by such institution.
- If offender moves while on parole, or changes status of enrollment, attendance, employment, or residence at any institution of higher education while on parole, notification of change of residence must be sent by sex offender’s parole officer within __________ to division on a form provided by division
10 calendar days……. 48 hours
S168-C Sex Offender, Relocation, Notification
- In case of any sex offender on probation, it shall be the duty of sex offender’s probation officer to notify division within __________ of new place of residence on a form provided by division.
- If such sex offender changes status of his or her enrollment, attendance, employment, or residence at any institution of higher education while on probation, such notification of change of status shall be sent by sex offender’s probation officer within _________ to division on a form provided by division.
48 hours……. 48 hours
S168-C Sex Offender, Relocation, Notification
- In case in which any sex offender escapes from a state or local correctional facility or hospital, designated official of facility or hospital where person was confined shall notify within _________ law enforcement agency having had jurisdiction at time of his or her conviction, informing such law enforcement agency of name and aliases of person, and address at which he or she resided at time of his or her conviction, amount of time remaining to be served, if any, on full term for which he or she was sentenced, and nature of crime for which he or she was sentenced, transmitting at same time a copy of such sex offender’s fingerprints and photograph and a summary of his or her criminal record.
24 hours
S168-C Sex Offender, Relocation, Notification
- The division shall provide general information, in registration materials and annual correspondence, to registrants concerning notification and registration procedures that may apply if the registrant is authorized to relocate and relocates to another state or United States possession or commences employment or attendance at an education institution in another state or United States possession. Such information shall include addresses and telephone numbers for relevant agencies from which additional information may be obtained.
S168-C Sex Offender, Relocation, Notification
- The division shall provide general information, in registration materials and annual correspondence, to registrants concerning notification and registration procedures that may apply if the registrant is authorized to relocate and relocates to another state or United States possession or commences employment or attendance at an education institution in another state or United States possession. Such information shall include addresses and telephone numbers for relevant agencies from which additional information may be obtained.
S168-D Duties of court
1.
- Upon conviction of any of offenses set forth in sub 2 or 3 of section 168-a of this article court shall certify that person is a sex offender and shall include certification in order of commitment, if any, and judgment of conviction, except as provided in paragraph (e) of sub 2 of section 168-a of this article.
The court shall also advise sex offender of his or her duties under this article. Failure to include certification in order of commitment or judgment of conviction shall not relieve a sex offender of obligations imposed by this article.
S168-D Duties of court
1.
(a) Except as provided in paragraphs (b) and (c) of this sub, upon conviction of any of offenses set forth in sub 2 or 3 of section 168-a of this article court shall certify that person is a sex offender and shall include certification in order of commitment, if any, and judgment of conviction, except as provided in paragraph (e) of sub 2 of section 168-a of this article.
The court shall also advise sex offender of his or her duties under this article. Failure to include certification in order of commitment or judgment of conviction shall not relieve a sex offender of obligations imposed by this article.
S168-D Duties of court
1.
(b) Where a defendant stands convicted of an offense defined in paragraph (b) of sub 2 of section 168-a of this article or where the defendant was convicted of patronizing a person for prostitution 3 and defendant controverts an allegation that victim of such offense was less than 18 years of age or, in case of a conviction of Patronizing a person for prostitution 3, less than 18 years of age, court, without a jury, shall, prior to sentencing, conduct a hearing, and people may prove by clear and convincing evidence that victim was less than 18 years old or less than 17 years old, as applicable, by any evidence admissible under rules applicable to a trial of issue of guilt.
- The court in addition to such admissible evidence may also consider reliable ________ evidence submitted by either party provided that it is relevant to determination of age of victim.
- Facts concerning age of victim proven at trial or ascertained at time of entry of a plea of guilty shall be deemed established by ________ and shall not be relitigated.
- At conclusion of hearing, or if the defendant does not controvert an allegation that the victim of offense was less than 18 years old or less than 17 years old, as applicable, court must make a finding and enter an order setting forth age of victim.
- If the court finds that the victim of such offense was under 18 years old or under 17 years old, as applicable, court shall certify defendant as a sex offender, provisions of paragraph (a) of this sub shall apply and defendant shall register with division in accordance with provisions of this article.
Hearsay…. clear and convincing evidence
S168-D Duties of court
1.
(c) Where a defendant stands convicted of certain sex offenses defined in section 168-a of this article and defendant controverts an allegation that defendant was previously convicted of sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of 130.52 Forcible touching. or 130.55 Sexual abuse in the third degree of penal law, court, without a jury, shall, prior to sentencing, conduct a hearing, and people may prove by clear and convincing evidence that defendant was previously convicted of such offenses by any evidence admissible under rules applicable to a trial of issue of guilt.
Court in addition to such admissible evidence may also consider reliable hearsay evidence submitted by either party provided that it is relevant to determination of whether defendant was previously convicted of such offenses.
At conclusion of hearing, or if defendant does not controvert an allegation of such offenses, court must make a finding and enter an order determining whether defendant was previously convicted of such offenses.
If court finds that the defendant has such a previous conviction, court shall certify defendant as a sex offender, provisions of paragraph (a) of this sub shall apply and the defendant shall register with the division in accordance with provisions of this article.
S168-D Duties of court
1.
(c) Where a defendant stands convicted of an offense defined in paragraph (c) of sub 2 of section 168-a of this article and defendant controverts an allegation that defendant was previously convicted of sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of 130.52 Forcible touching. or 130.55 Sexual abuse in the third degree of penal law, court, without a jury, shall, prior to sentencing, conduct a hearing, and people may prove by clear and convincing evidence that defendant was previously convicted of a sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of 130.52 Forcible touching. or 130.55 Sexual abuse in the third degree of penal law, by any evidence admissible under rules applicable to a trial of issue of guilt.
Court in addition to such admissible evidence may also consider reliable hearsay evidence submitted by either party provided that it is relevant to determination of whether defendant was previously convicted of a sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of 130.52 Forcible touching. or 130.55 Sexual abuse in the third degree of penal law. At conclusion of hearing, or if defendant does not controvert an allegation that defendant was previously convicted of a sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of 130.52 Forcible touching.or 130.55 Sexual abuse in the third degree of penal law, court must make a finding and enter an order determining whether defendant was previously convicted of a sex offense or a sexually violent offense defined in this article or has previously been convicted of or convicted for an attempt to commit any of provisions of section 130.52 Forcible touching. or 130.55 Sexual abuse in the third degree of penal law. If court finds that the defendant has such a previous conviction, court shall certify defendant as a sex offender, provisions of paragraph (a) of this sub shall apply and the defendant shall register with the division in accordance with provisions of this article.
S168-D Duties of court
- 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 __________ under this article by court in which he or she was convicted.
At time a sentence is imposed, such sex offenders shall register with division on a _______ prepared by division.
Register…… form
S168-D Duties of court
2
The court shall require sex offender to ________ and _______ such a form and to complete the registration portion of such form.
- The court shall on such form obtain:
- the address where sex offender expects to reside upon his or her release, and
- name and address of any institution of higher 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 institution, and shall report such information to division.
read and sign
S168-D Duties of court
2
- The court shall give one (1) copy of sex offender information form to sex offender and shall send Two (2) copies to the division which shall forward information to law enforcement agencies having jurisdiction.
- The court shall also notify district attorney and sex offender of the date of determination proceeding to be held pursuant to sub 3 of this section, which shall be held at least __________ after such notice is given. This notice shall include 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 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.
45 days
S168-D Duties of court
2
The court shall also advise sex offender that he or she has a right to a ________ prior to court’s determination what level of offender the defendant will be classified as, that he or she has the right to be represented by counsel at hearing and that counsel will be appointed if he or she is financially unable to retain counsel.
hearing
S168-D Duties of court
2
If sex offender applies for assignment of counsel to represent him or her at hearing and counsel was not previously assigned to represent sex offender in underlying criminal action, the court shall determine whether the offender is financially unable to retain counsel.
S168-D Duties of court
2
If sex offender applies for assignment of counsel to represent him or her at hearing and counsel was not previously assigned to represent sex offender in underlying criminal action, the court shall determine whether the offender is financially unable to retain counsel.
S168-D Duties of court
2.
If such a finding is made, the court shall assign counsel to represent sex offender pursuant to article eighteen-B of county law. Where a court orders a sex offender released on probation, such order must include a provision requiring that he or she comply with requirements 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 criminal procedure law.
S168-D Duties of court
2.
If such a finding is made, the court shall assign counsel to represent sex offender pursuant to article eighteen-B of county law. Where a court orders a sex offender released on probation, such order must include a provision requiring that he or she comply with requirements of this article.
S168-D Duties of court
3
In determining level of Sex Offender notification and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender:
At least ___________ prior to determination proceeding, district attorney shall provide to court and sex offender a written statement setting forth determinations sought by district attorney together with reasons for seeking such determinations.
15 days
S168-D Duties of court
3
In determining level of Sex Offender notification and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender:
The court shall allow sex offender to appear and be ______
heard.
