State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-l

§  168-l.  Board  of  examiners  of sex offenders. 1. There shall be a  board of examiners of sex offenders which shall possess the  powers  and  duties  hereinafter  specified. Such board shall consist of five members  appointed by the governor. Three members who shall  be  experts  in  the  field  of the behavior and treatment of sex offenders shall be employees  of the division of parole and the remaining two members  shall  be  from  the department. The term of office of each member of such board shall be  for  six  years;  provided,  however,  that  any member chosen to fill a  vacancy  occurring  otherwise  than  by  expiration  of  term  shall  be  appointed  for the remainder of the unexpired term of the member whom he  is to succeed. In the event of the inability to act of any  member,  the  governor  may appoint some competent informed person to act in his stead  during the continuance of such disability.    2. The governor shall designate one of the members  of  the  board  as  chairman  to  serve  in such capacity at the pleasure of the governor or  until the member's term of office expires and a successor is  designated  in accordance with law, whichever first occurs.    3.  Any  member  of the board may be removed by the governor for cause  after an opportunity to be heard.    4. Except as otherwise provided by law, a majority of the board  shall  constitute a quorum for the transaction of all business of the board.    5.  The  board  shall  develop guidelines and procedures to assess the  risk of a repeat offense by such sex offender and the  threat  posed  to  the  public safety. Such guidelines shall be based upon, but not limited  to, the following:    (a) criminal  history  factors  indicative  of  high  risk  of  repeat  offense, including:    (i)  whether  the sex offender has a mental abnormality or personality  disorder that makes him or her likely to engage  in  predatory  sexually  violent offenses;    (ii)  whether the sex offender's conduct was found to be characterized  by repetitive and compulsive behavior, associated with drugs or alcohol;    (iii) whether the sex offender served the maximum term;    (iv) whether the sex offender committed the felony sex offense against  a child;    (v) the age of the sex offender at the time of the commission  of  the  first sex offense;    (b)  other  criminal  history  factors to be considered in determining  risk, including:    (i) the relationship between such sex offender and the victim;    (ii) whether the offense involved the use of  a  weapon,  violence  or  infliction of serious bodily injury;    (iii) the number, date and nature of prior offenses;    (c)  conditions of release that minimize risk or re-offense, including  but not limited to  whether  the  sex  offender  is  under  supervision;  receiving  counseling,  therapy  or  treatment;  or  residing  in a home  situation that provides guidance and supervision;    (d) physical conditions that minimize risk  of  re-offense,  including  but not limited to advanced age or debilitating illness;    (e)  whether  psychological or psychiatric profiles indicate a risk of  recidivism;    (f) the sex offender's response to treatment;    (g) recent behavior, including behavior while confined;    (h) recent threats or  gestures  against  persons  or  expressions  of  intent to commit additional offenses; and    (i) review of any victim impact statement.    6.  Applying  these  guidelines, the board shall within sixty calendar  days prior to the discharge, parole, release to post-release supervisionor 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 as defined in subdivision  seven  of  section  one  hundred  sixty-eight-a  of  this  article.  In  addition, the guidelines shall be  applied by the board to make a recommendation to  the  sentencing  court  which  shall  be  confidential  and  shall  not  be available for public  inspection,  providing  for  one  of  the  following  three  levels   of  notification  depending upon the degree of the risk of re-offense by the  sex offender.    (a) If the risk of repeat offense is  low,  a  level  one  designation  shall  be  given  to such sex offender. In such case the law enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies having had jurisdiction at the time of his  or  her  conviction  shall  be  notified  and  may disseminate relevant information which may  include a photograph and description  of  the  offender  and  which  may  include  the  name of the sex offender, approximate address based on sex  offender's zip code, background  information  including  the  offender's  crime  of  conviction,  modus of operation, type of victim targeted, the  name and address of any institution of higher education at which the sex  offender  is  enrolled,  attends,  is  employed  or  resides   and   the  description  of special conditions imposed on the offender to any entity  with vulnerable  populations  related  to  the  nature  of  the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion.    (b) If the risk of repeat offense is moderate, a level two designation  shall be given to such sex offender. In such case  the  law  enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies  having  had  jurisdiction at the time of his or her conviction  shall be notified and may disseminate relevant information  which  shall  include  a  photograph  and  description  of  the offender and which may  include the exact name  and  any  aliases  used  by  the  sex  offender,  approximate  address  based  on  sex  offender's  zip  code,  background  information including  the  offender's  crime  of  conviction,  mode  of  operation,  type  of  victim  targeted,  the  name  and  address  of any  institution of higher education at which the sex offender  is  enrolled,  attends,   is  employed  or  resides  and  the  description  of  special  conditions imposed  on  the  offender  to  any  entity  with  vulnerable  populations  related  to the nature of the offense committed by such sex  offender. Any  entity  receiving  information  on  a  sex  offender  may  disclose  or  further disseminate such information at its discretion. In  addition, in such case, the information described herein shall  also  be  provided   in   the   subdirectory   established  in  this  article  and  notwithstanding any other provision of law, such information shall, upon  request, be made available to the public.    Such law enforcement agencies shall compile,  maintain  and  update  a  listing  of  vulnerable organizational entities within its jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating such information on level two sex  offenders  pursuant  to  this  paragraph.  Such  listing  shall  include  and  not be limited to:  superintendents   of   schools   or   chief    school    administrators,  superintendents  of  parks,  public  and  private  libraries, public and  private school bus transportation companies, day care  centers,  nursery  schools,  pre-schools,  neighborhood  watch  groups,  community centers,  civic associations, nursing homes, victim's advocacy groups  and  places  of worship.(c) If the risk of repeat offense is high and there exists a threat to  the  public  safety a level three designation shall be given to such sex  offender. In such case, the law enforcement agency  or  agencies  having  jurisdiction  and  the  law  enforcement  agency  or agencies having had  jurisdiction  at the time of his or her conviction shall be notified and  may disseminate relevant information which shall  include  a  photograph  and description of the offender and which may include the sex offender's  exact  name and any aliases used by the offender, exact address, address  of the offender's place of employment, background information  including  the  offender's  crime  of conviction, mode of operation, type of victim  targeted, the name and address of any institution of higher education at  which the sex offender is enrolled, attends, is employed or resides  and  the  description  of  special  conditions imposed on the offender to any  entity with vulnerable populations related to the nature of the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion. In addition, in such case, the information described  herein  shall  also  be provided in the subdirectory established in this article  and notwithstanding any other provision of law, such information  shall,  upon request, be made available to the public.    Such  law  enforcement  agencies  shall compile, maintain and update a  listing of vulnerable organizational entities within  its  jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating  such information on level three sex offenders pursuant to  this paragraph. Such listing  shall  include  and  not  be  limited  to:  superintendents    of    schools   or   chief   school   administrators,  superintendents of parks,  public  and  private  libraries,  public  and  private  school  bus transportation companies, day care centers, nursery  schools, pre-schools,  neighborhood  watch  groups,  community  centers,  civic  associations,  nursing homes, victim's advocacy groups and places  of worship.    7. Upon  request  by  the  court,  pursuant  to  section  one  hundred  sixty-eight-o of this article, the board shall provide an updated report  pertaining  to  the  sex  offender petitioning for relief of the duty to  register or for a modification of his or her level of notification.    8. A failure by a state or local agency or the board to act  or  by  a  court to render a determination within the time period specified in this  article  shall not affect the obligation of the sex offender to register  or verify under this article nor shall such failure prevent a court from  making  a  determination  regarding  the   sex   offender's   level   of  notification  and  whether  such  offender  is  required  by  law  to be  registered for a period of twenty years or for life. Where  a  court  is  unable  to  make  a  determination prior to the date scheduled for a sex  offender's discharge, parole, release  to  post-release  supervision  or  release,  it  shall  adjourn  the  hearing  until  after the offender is  discharged, paroled, released to post-release supervision  or  released,  and  shall  then  expeditiously  complete  the  hearing  and  issue  its  determination.

State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-l

§  168-l.  Board  of  examiners  of sex offenders. 1. There shall be a  board of examiners of sex offenders which shall possess the  powers  and  duties  hereinafter  specified. Such board shall consist of five members  appointed by the governor. Three members who shall  be  experts  in  the  field  of the behavior and treatment of sex offenders shall be employees  of the division of parole and the remaining two members  shall  be  from  the department. The term of office of each member of such board shall be  for  six  years;  provided,  however,  that  any member chosen to fill a  vacancy  occurring  otherwise  than  by  expiration  of  term  shall  be  appointed  for the remainder of the unexpired term of the member whom he  is to succeed. In the event of the inability to act of any  member,  the  governor  may appoint some competent informed person to act in his stead  during the continuance of such disability.    2. The governor shall designate one of the members  of  the  board  as  chairman  to  serve  in such capacity at the pleasure of the governor or  until the member's term of office expires and a successor is  designated  in accordance with law, whichever first occurs.    3.  Any  member  of the board may be removed by the governor for cause  after an opportunity to be heard.    4. Except as otherwise provided by law, a majority of the board  shall  constitute a quorum for the transaction of all business of the board.    5.  The  board  shall  develop guidelines and procedures to assess the  risk of a repeat offense by such sex offender and the  threat  posed  to  the  public safety. Such guidelines shall be based upon, but not limited  to, the following:    (a) criminal  history  factors  indicative  of  high  risk  of  repeat  offense, including:    (i)  whether  the sex offender has a mental abnormality or personality  disorder that makes him or her likely to engage  in  predatory  sexually  violent offenses;    (ii)  whether the sex offender's conduct was found to be characterized  by repetitive and compulsive behavior, associated with drugs or alcohol;    (iii) whether the sex offender served the maximum term;    (iv) whether the sex offender committed the felony sex offense against  a child;    (v) the age of the sex offender at the time of the commission  of  the  first sex offense;    (b)  other  criminal  history  factors to be considered in determining  risk, including:    (i) the relationship between such sex offender and the victim;    (ii) whether the offense involved the use of  a  weapon,  violence  or  infliction of serious bodily injury;    (iii) the number, date and nature of prior offenses;    (c)  conditions of release that minimize risk or re-offense, including  but not limited to  whether  the  sex  offender  is  under  supervision;  receiving  counseling,  therapy  or  treatment;  or  residing  in a home  situation that provides guidance and supervision;    (d) physical conditions that minimize risk  of  re-offense,  including  but not limited to advanced age or debilitating illness;    (e)  whether  psychological or psychiatric profiles indicate a risk of  recidivism;    (f) the sex offender's response to treatment;    (g) recent behavior, including behavior while confined;    (h) recent threats or  gestures  against  persons  or  expressions  of  intent to commit additional offenses; and    (i) review of any victim impact statement.    6.  Applying  these  guidelines, the board shall within sixty calendar  days prior to the discharge, parole, release to post-release supervisionor 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 as defined in subdivision  seven  of  section  one  hundred  sixty-eight-a  of  this  article.  In  addition, the guidelines shall be  applied by the board to make a recommendation to  the  sentencing  court  which  shall  be  confidential  and  shall  not  be available for public  inspection,  providing  for  one  of  the  following  three  levels   of  notification  depending upon the degree of the risk of re-offense by the  sex offender.    (a) If the risk of repeat offense is  low,  a  level  one  designation  shall  be  given  to such sex offender. In such case the law enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies having had jurisdiction at the time of his  or  her  conviction  shall  be  notified  and  may disseminate relevant information which may  include a photograph and description  of  the  offender  and  which  may  include  the  name of the sex offender, approximate address based on sex  offender's zip code, background  information  including  the  offender's  crime  of  conviction,  modus of operation, type of victim targeted, the  name and address of any institution of higher education at which the sex  offender  is  enrolled,  attends,  is  employed  or  resides   and   the  description  of special conditions imposed on the offender to any entity  with vulnerable  populations  related  to  the  nature  of  the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion.    (b) If the risk of repeat offense is moderate, a level two designation  shall be given to such sex offender. In such case  the  law  enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies  having  had  jurisdiction at the time of his or her conviction  shall be notified and may disseminate relevant information  which  shall  include  a  photograph  and  description  of  the offender and which may  include the exact name  and  any  aliases  used  by  the  sex  offender,  approximate  address  based  on  sex  offender's  zip  code,  background  information including  the  offender's  crime  of  conviction,  mode  of  operation,  type  of  victim  targeted,  the  name  and  address  of any  institution of higher education at which the sex offender  is  enrolled,  attends,   is  employed  or  resides  and  the  description  of  special  conditions imposed  on  the  offender  to  any  entity  with  vulnerable  populations  related  to the nature of the offense committed by such sex  offender. Any  entity  receiving  information  on  a  sex  offender  may  disclose  or  further disseminate such information at its discretion. In  addition, in such case, the information described herein shall  also  be  provided   in   the   subdirectory   established  in  this  article  and  notwithstanding any other provision of law, such information shall, upon  request, be made available to the public.    Such law enforcement agencies shall compile,  maintain  and  update  a  listing  of  vulnerable organizational entities within its jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating such information on level two sex  offenders  pursuant  to  this  paragraph.  Such  listing  shall  include  and  not be limited to:  superintendents   of   schools   or   chief    school    administrators,  superintendents  of  parks,  public  and  private  libraries, public and  private school bus transportation companies, day care  centers,  nursery  schools,  pre-schools,  neighborhood  watch  groups,  community centers,  civic associations, nursing homes, victim's advocacy groups  and  places  of worship.(c) If the risk of repeat offense is high and there exists a threat to  the  public  safety a level three designation shall be given to such sex  offender. In such case, the law enforcement agency  or  agencies  having  jurisdiction  and  the  law  enforcement  agency  or agencies having had  jurisdiction  at the time of his or her conviction shall be notified and  may disseminate relevant information which shall  include  a  photograph  and description of the offender and which may include the sex offender's  exact  name and any aliases used by the offender, exact address, address  of the offender's place of employment, background information  including  the  offender's  crime  of conviction, mode of operation, type of victim  targeted, the name and address of any institution of higher education at  which the sex offender is enrolled, attends, is employed or resides  and  the  description  of  special  conditions imposed on the offender to any  entity with vulnerable populations related to the nature of the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion. In addition, in such case, the information described  herein  shall  also  be provided in the subdirectory established in this article  and notwithstanding any other provision of law, such information  shall,  upon request, be made available to the public.    Such  law  enforcement  agencies  shall compile, maintain and update a  listing of vulnerable organizational entities within  its  jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating  such information on level three sex offenders pursuant to  this paragraph. Such listing  shall  include  and  not  be  limited  to:  superintendents    of    schools   or   chief   school   administrators,  superintendents of parks,  public  and  private  libraries,  public  and  private  school  bus transportation companies, day care centers, nursery  schools, pre-schools,  neighborhood  watch  groups,  community  centers,  civic  associations,  nursing homes, victim's advocacy groups and places  of worship.    7. Upon  request  by  the  court,  pursuant  to  section  one  hundred  sixty-eight-o of this article, the board shall provide an updated report  pertaining  to  the  sex  offender petitioning for relief of the duty to  register or for a modification of his or her level of notification.    8. A failure by a state or local agency or the board to act  or  by  a  court to render a determination within the time period specified in this  article  shall not affect the obligation of the sex offender to register  or verify under this article nor shall such failure prevent a court from  making  a  determination  regarding  the   sex   offender's   level   of  notification  and  whether  such  offender  is  required  by  law  to be  registered for a period of twenty years or for life. Where  a  court  is  unable  to  make  a  determination prior to the date scheduled for a sex  offender's discharge, parole, release  to  post-release  supervision  or  release,  it  shall  adjourn  the  hearing  until  after the offender is  discharged, paroled, released to post-release supervision  or  released,  and  shall  then  expeditiously  complete  the  hearing  and  issue  its  determination.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-6-c > 168-l

§  168-l.  Board  of  examiners  of sex offenders. 1. There shall be a  board of examiners of sex offenders which shall possess the  powers  and  duties  hereinafter  specified. Such board shall consist of five members  appointed by the governor. Three members who shall  be  experts  in  the  field  of the behavior and treatment of sex offenders shall be employees  of the division of parole and the remaining two members  shall  be  from  the department. The term of office of each member of such board shall be  for  six  years;  provided,  however,  that  any member chosen to fill a  vacancy  occurring  otherwise  than  by  expiration  of  term  shall  be  appointed  for the remainder of the unexpired term of the member whom he  is to succeed. In the event of the inability to act of any  member,  the  governor  may appoint some competent informed person to act in his stead  during the continuance of such disability.    2. The governor shall designate one of the members  of  the  board  as  chairman  to  serve  in such capacity at the pleasure of the governor or  until the member's term of office expires and a successor is  designated  in accordance with law, whichever first occurs.    3.  Any  member  of the board may be removed by the governor for cause  after an opportunity to be heard.    4. Except as otherwise provided by law, a majority of the board  shall  constitute a quorum for the transaction of all business of the board.    5.  The  board  shall  develop guidelines and procedures to assess the  risk of a repeat offense by such sex offender and the  threat  posed  to  the  public safety. Such guidelines shall be based upon, but not limited  to, the following:    (a) criminal  history  factors  indicative  of  high  risk  of  repeat  offense, including:    (i)  whether  the sex offender has a mental abnormality or personality  disorder that makes him or her likely to engage  in  predatory  sexually  violent offenses;    (ii)  whether the sex offender's conduct was found to be characterized  by repetitive and compulsive behavior, associated with drugs or alcohol;    (iii) whether the sex offender served the maximum term;    (iv) whether the sex offender committed the felony sex offense against  a child;    (v) the age of the sex offender at the time of the commission  of  the  first sex offense;    (b)  other  criminal  history  factors to be considered in determining  risk, including:    (i) the relationship between such sex offender and the victim;    (ii) whether the offense involved the use of  a  weapon,  violence  or  infliction of serious bodily injury;    (iii) the number, date and nature of prior offenses;    (c)  conditions of release that minimize risk or re-offense, including  but not limited to  whether  the  sex  offender  is  under  supervision;  receiving  counseling,  therapy  or  treatment;  or  residing  in a home  situation that provides guidance and supervision;    (d) physical conditions that minimize risk  of  re-offense,  including  but not limited to advanced age or debilitating illness;    (e)  whether  psychological or psychiatric profiles indicate a risk of  recidivism;    (f) the sex offender's response to treatment;    (g) recent behavior, including behavior while confined;    (h) recent threats or  gestures  against  persons  or  expressions  of  intent to commit additional offenses; and    (i) review of any victim impact statement.    6.  Applying  these  guidelines, the board shall within sixty calendar  days prior to the discharge, parole, release to post-release supervisionor 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 as defined in subdivision  seven  of  section  one  hundred  sixty-eight-a  of  this  article.  In  addition, the guidelines shall be  applied by the board to make a recommendation to  the  sentencing  court  which  shall  be  confidential  and  shall  not  be available for public  inspection,  providing  for  one  of  the  following  three  levels   of  notification  depending upon the degree of the risk of re-offense by the  sex offender.    (a) If the risk of repeat offense is  low,  a  level  one  designation  shall  be  given  to such sex offender. In such case the law enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies having had jurisdiction at the time of his  or  her  conviction  shall  be  notified  and  may disseminate relevant information which may  include a photograph and description  of  the  offender  and  which  may  include  the  name of the sex offender, approximate address based on sex  offender's zip code, background  information  including  the  offender's  crime  of  conviction,  modus of operation, type of victim targeted, the  name and address of any institution of higher education at which the sex  offender  is  enrolled,  attends,  is  employed  or  resides   and   the  description  of special conditions imposed on the offender to any entity  with vulnerable  populations  related  to  the  nature  of  the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion.    (b) If the risk of repeat offense is moderate, a level two designation  shall be given to such sex offender. In such case  the  law  enforcement  agency or agencies having jurisdiction and the law enforcement agency or  agencies  having  had  jurisdiction at the time of his or her conviction  shall be notified and may disseminate relevant information  which  shall  include  a  photograph  and  description  of  the offender and which may  include the exact name  and  any  aliases  used  by  the  sex  offender,  approximate  address  based  on  sex  offender's  zip  code,  background  information including  the  offender's  crime  of  conviction,  mode  of  operation,  type  of  victim  targeted,  the  name  and  address  of any  institution of higher education at which the sex offender  is  enrolled,  attends,   is  employed  or  resides  and  the  description  of  special  conditions imposed  on  the  offender  to  any  entity  with  vulnerable  populations  related  to the nature of the offense committed by such sex  offender. Any  entity  receiving  information  on  a  sex  offender  may  disclose  or  further disseminate such information at its discretion. In  addition, in such case, the information described herein shall  also  be  provided   in   the   subdirectory   established  in  this  article  and  notwithstanding any other provision of law, such information shall, upon  request, be made available to the public.    Such law enforcement agencies shall compile,  maintain  and  update  a  listing  of  vulnerable organizational entities within its jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating such information on level two sex  offenders  pursuant  to  this  paragraph.  Such  listing  shall  include  and  not be limited to:  superintendents   of   schools   or   chief    school    administrators,  superintendents  of  parks,  public  and  private  libraries, public and  private school bus transportation companies, day care  centers,  nursery  schools,  pre-schools,  neighborhood  watch  groups,  community centers,  civic associations, nursing homes, victim's advocacy groups  and  places  of worship.(c) If the risk of repeat offense is high and there exists a threat to  the  public  safety a level three designation shall be given to such sex  offender. In such case, the law enforcement agency  or  agencies  having  jurisdiction  and  the  law  enforcement  agency  or agencies having had  jurisdiction  at the time of his or her conviction shall be notified and  may disseminate relevant information which shall  include  a  photograph  and description of the offender and which may include the sex offender's  exact  name and any aliases used by the offender, exact address, address  of the offender's place of employment, background information  including  the  offender's  crime  of conviction, mode of operation, type of victim  targeted, the name and address of any institution of higher education at  which the sex offender is enrolled, attends, is employed or resides  and  the  description  of  special  conditions imposed on the offender to any  entity with vulnerable populations related to the nature of the  offense  committed  by  such  sex offender. Any entity receiving information on a  sex offender may disclose or further disseminate such information at its  discretion. In addition, in such case, the information described  herein  shall  also  be provided in the subdirectory established in this article  and notwithstanding any other provision of law, such information  shall,  upon request, be made available to the public.    Such  law  enforcement  agencies  shall compile, maintain and update a  listing of vulnerable organizational entities within  its  jurisdiction.  Such listing shall be utilized for notification of such organizations in  disseminating  such information on level three sex offenders pursuant to  this paragraph. Such listing  shall  include  and  not  be  limited  to:  superintendents    of    schools   or   chief   school   administrators,  superintendents of parks,  public  and  private  libraries,  public  and  private  school  bus transportation companies, day care centers, nursery  schools, pre-schools,  neighborhood  watch  groups,  community  centers,  civic  associations,  nursing homes, victim's advocacy groups and places  of worship.    7. Upon  request  by  the  court,  pursuant  to  section  one  hundred  sixty-eight-o of this article, the board shall provide an updated report  pertaining  to  the  sex  offender petitioning for relief of the duty to  register or for a modification of his or her level of notification.    8. A failure by a state or local agency or the board to act  or  by  a  court to render a determination within the time period specified in this  article  shall not affect the obligation of the sex offender to register  or verify under this article nor shall such failure prevent a court from  making  a  determination  regarding  the   sex   offender's   level   of  notification  and  whether  such  offender  is  required  by  law  to be  registered for a period of twenty years or for life. Where  a  court  is  unable  to  make  a  determination prior to the date scheduled for a sex  offender's discharge, parole, release  to  post-release  supervision  or  release,  it  shall  adjourn  the  hearing  until  after the offender is  discharged, paroled, released to post-release supervision  or  released,  and  shall  then  expeditiously  complete  the  hearing  and  issue  its  determination.