§ 168-n. Judicial determination. 1. A determination that an offender\nis a sexual predator, sexually violent offender, or predicate sex\noffender as defined in subdivision seven of section one hundred\nsixty-eight-a of this article shall be made prior to the discharge,\nparole, release to post-release supervision or release of such offender\nby the sentencing court applying the guidelines established in\nsubdivision five of section one hundred sixty-eight-l of this article\nafter receiving a recommendation from the board pursuant to section one\nhundred sixty-eight-l of this article.\n 2. In addition, applying the guidelines established in subdivision\nfive of section one hundred sixty-eight-l of this article, the\nsentencing court shall also make a determination with respect to the\nlevel of notification, after receiving a recommendation from the board\npursuant to section one hundred sixty-eight-l of this article. Both\ndeterminations of the sentencing court shall be made thirty calendar\ndays prior to discharge, parole or release.\n 3. No later than thirty days prior to the board's recommendation, the\nsex offender shall be notified that his or her case is under review and\nthat he or she is permitted to submit to the board any information\nrelevant to the review. Upon receipt of the board's recommendation, the\nsentencing court shall determine whether the sex offender was previously\nfound to be eligible for assigned counsel in the underlying case. Where\nsuch a finding was previously made, the court shall assign counsel to\nrepresent the offender, pursuant to article eighteen-B of the county\nlaw. At least twenty days prior to the determination proceeding, the\nsentencing court shall notify the district attorney, the sex offender\nand the sex offender's counsel, in writing, of the date of the\ndetermination proceeding and shall also provide the district attorney,\nthe sex offender and the sex offender's counsel with a copy of the\nrecommendation received from the board and any statement of the reasons\nfor the recommendation received from the board. This notice shall\ninclude the following statement or a substantially similar statement:\n"This proceeding is being held to determine whether you will be\nclassified as a level 3 offender (risk of repeat offense is high), a\nlevel 2 offender (risk of repeat offense is moderate), or a level 1\noffender (risk of repeat offense is low), or whether you will be\ndesignated as a sexual predator, a sexually violent offender or a\npredicate sex offender, which will determine how long you must register\nas a sex offender and how much information can be provided to the public\nconcerning your registration. If you fail to appear at this proceeding,\nwithout sufficient excuse, it shall be held in your absence. Failure to\nappear may result in a longer period of registration or a higher level\nof community notification because you are not present to offer evidence\nor contest evidence offered by the district attorney." The written\nnotice to the sex offender shall also advise the offender that he or she\nhas a right to a hearing prior to the court's determination, and that he\nor she has the right to be represented by counsel at the hearing. If\ncounsel has been assigned to represent the offender at the determination\nproceeding, the notice shall also provide the name, address and\ntelephone number of the assigned counsel. Where counsel has not been\nassigned, the notice shall advise the sex offender that counsel will be\nappointed if he or she is financially unable to retain counsel, and a\nreturnable form shall be enclosed in the court's notice to the sex\noffender on which the sex offender may apply for assignment of counsel.\nIf the sex offender applies for assignment of counsel and the court\nfinds that the offender is financially unable to retain counsel, the\ncourt shall assign counsel to represent the sex offender pursuant to\narticle eighteen-B of the county law. If the district
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