State Codes and Statutes

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

§  168-o. Petition for relief or modification. 1. Any sex offender who  is classified as a level two risk, and who has  not  been  designated  a  sexual  predator,  or  a  sexually  violent offender, or a predicate sex  offender, who is required to register or verify pursuant to this article  and who has been registered for a minimum period of thirty years may  be  relieved of any further duty to register upon the granting of a petition  for  relief  by  the  sentencing  court  or  by the court which made the  determination  regarding  duration  of   registration   and   level   of  notification. The sex offender shall bear the burden of proving by clear  and  convincing  evidence  that  his  or  her risk of repeat offense and  threat to public safety is such that registration or verification is  no  longer  necessary.  Such  petition,  if  granted,  shall not relieve the  petitioner of the  duty  to  register  pursuant  to  this  article  upon  conviction  of  any offense requiring registration in the future. Such a  petition shall not be considered more than once every two years. In  the  event  that  the  sex  offender's  petition  for  relief is granted, the  district attorney 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.    2.  Any  sex  offender required to register or verify pursuant to this  article may petition the sentencing court or the court  which  made  the  determination regarding the level of notification for an order modifying  the  level  of  notification.  The petition shall set forth the level of  notification  sought,  together  with  the  reasons  for  seeking   such  determination.  The  sex  offender  shall bear the burden of proving the  facts supporting the requested  modification  by  clear  and  convincing  evidence. Such a petition shall not be considered more than annually. In  the  event  that  the  sex  offender's  petition  to modify the level of  notification is granted, the district attorney may appeal  as  of  right  from  the  order  pursuant  to  the  provisions  of articles fifty-five,  fifty-six and fifty-seven of the civil practice  law  and  rules.  Where  counsel  has been assigned to represent the sex offender upon the ground  that the sex offender is financially  unable  to  retain  counsel,  that  assignment shall be continued throughout the pendency of the appeal, and  the person may appeal as a poor person pursuant to article eighteen-B of  the county law.    3.  The  district  attorney may file a petition to modify the level of  notification for a sex offender with the sentencing court  or  with  the  court  which made the determination regarding the level of notification,  where the sex offender (a) has been convicted of a new crime,  or  there  has  been  a determination after a proceeding pursuant to section 410.70  of the criminal procedure law or section two hundred fifty-nine-i of the  executive law that the sex offender has violated one or more  conditions  imposed  as  part  of  a sentence of a conditional discharge, probation,  parole or post-release supervision for a designated crime, and  (b)  the  conduct  underlying  the  new crime or the violation is of a nature that  indicates an increased risk of a repeat sex offense. The petition  shall  set  forth  the  level of notification sought, together with the reasons  for seeking such determination. The district  attorney  shall  bear  the  burden  of  proving  the facts supporting the requested modification, by  clear and convincing evidence. In the event that the district attorney's  petition is granted, the sex offender 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  beenassigned  to  represent  the  offender upon the ground that he or she is  financially unable to retain counsel, that assignment shall be continued  throughout the pendency of the appeal, and the person may proceed  as  a  poor person, pursuant to article eighteen-B of the county law.    4.  Upon  receipt of a petition submitted pursuant to subdivision one,  two or three of this section, the court shall  forward  a  copy  of  the  petition  to  the board and request an updated recommendation pertaining  to the sex offender and shall provide a copy  of  the  petition  to  the  other  party.    The court shall also advise the sex offender that he or  she has the right to be  represented  by  counsel  at  the  hearing  and  counsel  will  be appointed if he or she is financially unable to retain  counsel. A returnable form shall be enclosed in the  court's  notice  to  the  sex  offender on which the sex offender may apply for assignment of  counsel.  If the sex offender applies for assignment of counsel and  the  court  finds  that the offender is financially unable to retain counsel,  the court shall assign counsel to represent the  offender,  pursuant  to  article  eighteen-B of the county law. Where the petition was filed by a  district attorney, at least thirty  days  prior  to  making  an  updated  recommendation  the  board  shall notify the sex offender and his or her  counsel that the offender's case is  under  review  and  he  or  she  is  permitted to submit to the board any information relevant to the review.  The  board's  updated  recommendation  on  the  sex  offender  shall  be  confidential and shall not be available  for  public  inspection.  After  receiving  an  updated  recommendation  from  the board concerning a sex  offender, the court shall, at least thirty days prior to ruling upon the  petition, provide a copy  of  the  updated  recommendation  to  the  sex  offender,  the  sex  offender's  counsel  and  the district attorney and  notify them, in writing, of the date set by the court for a  hearing  on  the petition. After reviewing the recommendation received from the board  and  any  relevant  materials and evidence submitted by the sex offender  and the district attorney, the court may grant or deny the petition. The  court may also consult with the victim prior to making  a  determination  on  the  petition.  The  court  shall  render an order setting forth its  determination, and the findings of fact and conclusions of law on  which  the  determination is based. If the petition is granted, it shall be the  obligation of the court to submit a copy of its order 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.

State Codes and Statutes

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

§  168-o. Petition for relief or modification. 1. Any sex offender who  is classified as a level two risk, and who has  not  been  designated  a  sexual  predator,  or  a  sexually  violent offender, or a predicate sex  offender, who is required to register or verify pursuant to this article  and who has been registered for a minimum period of thirty years may  be  relieved of any further duty to register upon the granting of a petition  for  relief  by  the  sentencing  court  or  by the court which made the  determination  regarding  duration  of   registration   and   level   of  notification. The sex offender shall bear the burden of proving by clear  and  convincing  evidence  that  his  or  her risk of repeat offense and  threat to public safety is such that registration or verification is  no  longer  necessary.  Such  petition,  if  granted,  shall not relieve the  petitioner of the  duty  to  register  pursuant  to  this  article  upon  conviction  of  any offense requiring registration in the future. Such a  petition shall not be considered more than once every two years. In  the  event  that  the  sex  offender's  petition  for  relief is granted, the  district attorney 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.    2.  Any  sex  offender required to register or verify pursuant to this  article may petition the sentencing court or the court  which  made  the  determination regarding the level of notification for an order modifying  the  level  of  notification.  The petition shall set forth the level of  notification  sought,  together  with  the  reasons  for  seeking   such  determination.  The  sex  offender  shall bear the burden of proving the  facts supporting the requested  modification  by  clear  and  convincing  evidence. Such a petition shall not be considered more than annually. In  the  event  that  the  sex  offender's  petition  to modify the level of  notification is granted, the district attorney may appeal  as  of  right  from  the  order  pursuant  to  the  provisions  of articles fifty-five,  fifty-six and fifty-seven of the civil practice  law  and  rules.  Where  counsel  has been assigned to represent the sex offender upon the ground  that the sex offender is financially  unable  to  retain  counsel,  that  assignment shall be continued throughout the pendency of the appeal, and  the person may appeal as a poor person pursuant to article eighteen-B of  the county law.    3.  The  district  attorney may file a petition to modify the level of  notification for a sex offender with the sentencing court  or  with  the  court  which made the determination regarding the level of notification,  where the sex offender (a) has been convicted of a new crime,  or  there  has  been  a determination after a proceeding pursuant to section 410.70  of the criminal procedure law or section two hundred fifty-nine-i of the  executive law that the sex offender has violated one or more  conditions  imposed  as  part  of  a sentence of a conditional discharge, probation,  parole or post-release supervision for a designated crime, and  (b)  the  conduct  underlying  the  new crime or the violation is of a nature that  indicates an increased risk of a repeat sex offense. The petition  shall  set  forth  the  level of notification sought, together with the reasons  for seeking such determination. The district  attorney  shall  bear  the  burden  of  proving  the facts supporting the requested modification, by  clear and convincing evidence. In the event that the district attorney's  petition is granted, the sex offender 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  beenassigned  to  represent  the  offender upon the ground that he or she is  financially unable to retain counsel, that assignment shall be continued  throughout the pendency of the appeal, and the person may proceed  as  a  poor person, pursuant to article eighteen-B of the county law.    4.  Upon  receipt of a petition submitted pursuant to subdivision one,  two or three of this section, the court shall  forward  a  copy  of  the  petition  to  the board and request an updated recommendation pertaining  to the sex offender and shall provide a copy  of  the  petition  to  the  other  party.    The court shall also advise the sex offender that he or  she has the right to be  represented  by  counsel  at  the  hearing  and  counsel  will  be appointed if he or she is financially unable to retain  counsel. A returnable form shall be enclosed in the  court's  notice  to  the  sex  offender on which the sex offender may apply for assignment of  counsel.  If the sex offender applies for assignment of counsel and  the  court  finds  that the offender is financially unable to retain counsel,  the court shall assign counsel to represent the  offender,  pursuant  to  article  eighteen-B of the county law. Where the petition was filed by a  district attorney, at least thirty  days  prior  to  making  an  updated  recommendation  the  board  shall notify the sex offender and his or her  counsel that the offender's case is  under  review  and  he  or  she  is  permitted to submit to the board any information relevant to the review.  The  board's  updated  recommendation  on  the  sex  offender  shall  be  confidential and shall not be available  for  public  inspection.  After  receiving  an  updated  recommendation  from  the board concerning a sex  offender, the court shall, at least thirty days prior to ruling upon the  petition, provide a copy  of  the  updated  recommendation  to  the  sex  offender,  the  sex  offender's  counsel  and  the district attorney and  notify them, in writing, of the date set by the court for a  hearing  on  the petition. After reviewing the recommendation received from the board  and  any  relevant  materials and evidence submitted by the sex offender  and the district attorney, the court may grant or deny the petition. The  court may also consult with the victim prior to making  a  determination  on  the  petition.  The  court  shall  render an order setting forth its  determination, and the findings of fact and conclusions of law on  which  the  determination is based. If the petition is granted, it shall be the  obligation of the court to submit a copy of its order 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.

State Codes and Statutes

State Codes and Statutes

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

§  168-o. Petition for relief or modification. 1. Any sex offender who  is classified as a level two risk, and who has  not  been  designated  a  sexual  predator,  or  a  sexually  violent offender, or a predicate sex  offender, who is required to register or verify pursuant to this article  and who has been registered for a minimum period of thirty years may  be  relieved of any further duty to register upon the granting of a petition  for  relief  by  the  sentencing  court  or  by the court which made the  determination  regarding  duration  of   registration   and   level   of  notification. The sex offender shall bear the burden of proving by clear  and  convincing  evidence  that  his  or  her risk of repeat offense and  threat to public safety is such that registration or verification is  no  longer  necessary.  Such  petition,  if  granted,  shall not relieve the  petitioner of the  duty  to  register  pursuant  to  this  article  upon  conviction  of  any offense requiring registration in the future. Such a  petition shall not be considered more than once every two years. In  the  event  that  the  sex  offender's  petition  for  relief is granted, the  district attorney 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.    2.  Any  sex  offender required to register or verify pursuant to this  article may petition the sentencing court or the court  which  made  the  determination regarding the level of notification for an order modifying  the  level  of  notification.  The petition shall set forth the level of  notification  sought,  together  with  the  reasons  for  seeking   such  determination.  The  sex  offender  shall bear the burden of proving the  facts supporting the requested  modification  by  clear  and  convincing  evidence. Such a petition shall not be considered more than annually. In  the  event  that  the  sex  offender's  petition  to modify the level of  notification is granted, the district attorney may appeal  as  of  right  from  the  order  pursuant  to  the  provisions  of articles fifty-five,  fifty-six and fifty-seven of the civil practice  law  and  rules.  Where  counsel  has been assigned to represent the sex offender upon the ground  that the sex offender is financially  unable  to  retain  counsel,  that  assignment shall be continued throughout the pendency of the appeal, and  the person may appeal as a poor person pursuant to article eighteen-B of  the county law.    3.  The  district  attorney may file a petition to modify the level of  notification for a sex offender with the sentencing court  or  with  the  court  which made the determination regarding the level of notification,  where the sex offender (a) has been convicted of a new crime,  or  there  has  been  a determination after a proceeding pursuant to section 410.70  of the criminal procedure law or section two hundred fifty-nine-i of the  executive law that the sex offender has violated one or more  conditions  imposed  as  part  of  a sentence of a conditional discharge, probation,  parole or post-release supervision for a designated crime, and  (b)  the  conduct  underlying  the  new crime or the violation is of a nature that  indicates an increased risk of a repeat sex offense. The petition  shall  set  forth  the  level of notification sought, together with the reasons  for seeking such determination. The district  attorney  shall  bear  the  burden  of  proving  the facts supporting the requested modification, by  clear and convincing evidence. In the event that the district attorney's  petition is granted, the sex offender 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  beenassigned  to  represent  the  offender upon the ground that he or she is  financially unable to retain counsel, that assignment shall be continued  throughout the pendency of the appeal, and the person may proceed  as  a  poor person, pursuant to article eighteen-B of the county law.    4.  Upon  receipt of a petition submitted pursuant to subdivision one,  two or three of this section, the court shall  forward  a  copy  of  the  petition  to  the board and request an updated recommendation pertaining  to the sex offender and shall provide a copy  of  the  petition  to  the  other  party.    The court shall also advise the sex offender that he or  she has the right to be  represented  by  counsel  at  the  hearing  and  counsel  will  be appointed if he or she is financially unable to retain  counsel. A returnable form shall be enclosed in the  court's  notice  to  the  sex  offender on which the sex offender may apply for assignment of  counsel.  If the sex offender applies for assignment of counsel and  the  court  finds  that the offender is financially unable to retain counsel,  the court shall assign counsel to represent the  offender,  pursuant  to  article  eighteen-B of the county law. Where the petition was filed by a  district attorney, at least thirty  days  prior  to  making  an  updated  recommendation  the  board  shall notify the sex offender and his or her  counsel that the offender's case is  under  review  and  he  or  she  is  permitted to submit to the board any information relevant to the review.  The  board's  updated  recommendation  on  the  sex  offender  shall  be  confidential and shall not be available  for  public  inspection.  After  receiving  an  updated  recommendation  from  the board concerning a sex  offender, the court shall, at least thirty days prior to ruling upon the  petition, provide a copy  of  the  updated  recommendation  to  the  sex  offender,  the  sex  offender's  counsel  and  the district attorney and  notify them, in writing, of the date set by the court for a  hearing  on  the petition. After reviewing the recommendation received from the board  and  any  relevant  materials and evidence submitted by the sex offender  and the district attorney, the court may grant or deny the petition. The  court may also consult with the victim prior to making  a  determination  on  the  petition.  The  court  shall  render an order setting forth its  determination, and the findings of fact and conclusions of law on  which  the  determination is based. If the petition is granted, it shall be the  obligation of the court to submit a copy of its order 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.