STATE OF NEW YORK
________________________________________________________________________
1394
2009-2010 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, CARROZZA, KOON, EDDINGTON, MAYERSOHN
-- Multi-Sponsored by -- M. of A. ALFANO, BARRA, DESTITO, HOOPER --
read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to requiring monthly
reports on community notification related to sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
2 the correction law, paragraph (b) as amended by chapter 106 of the laws
3 of 2006 and paragraph (c) as separately amended by chapters 318 and 680
4 of the laws of 2005, are amended to read as follows:
5 (b) If the risk of repeat offense is moderate, a level two designation
6 shall be given to such sex offender. In such case the law enforcement
7 agency or agencies having jurisdiction and the law enforcement agency or
8 agencies having had jurisdiction at the time of his or her conviction
9 shall be notified and may disseminate relevant information which shall
10 include a photograph and description of the offender and which may
11 include the exact name and any aliases used by the sex offender, approx-
12 imate address based on sex offender's zip code, background information
13 including the offender's crime of conviction, mode of operation, type of
14 victim targeted, the name and address of any institution of higher
15 education at which the sex offender is enrolled, attends, is employed or
16 resides and the description of special conditions imposed on the offen-
17 der to any entity with vulnerable populations related to the nature of
18 the offense committed by such sex offender. Any entity receiving infor-
19 mation on a sex offender may disclose or further disseminate such infor-
20 mation at its discretion. In addition, in such case, the information
21 described herein shall also be provided in the subdirectory established
22 in this article and notwithstanding any other provision of law, such
23 information shall, upon request, be made available to the public.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04209-01-9
A. 1394 2
1 Such law enforcement agencies shall compile, maintain and update a
2 listing of vulnerable organizational entities within its jurisdiction.
3 Such listing shall be utilized for notification of such organizations in
4 disseminating such information on level two sex offenders pursuant to
5 this paragraph. Such listing shall include and not be limited to:
6 superintendents of schools or chief school administrators, superinten-
7 dents of parks, public and private libraries, public and private school
8 bus transportation companies, day care centers, nursery schools, pre-
9 schools, neighborhood watch groups, community centers, civic associ-
10 ations, nursing homes, victim's advocacy groups and places of worship.
11 Such law enforcement agencies shall generate a monthly report which
12 shall be made available to the public, identifying the community notifi-
13 cation procedures implemented for each offender. Such report shall be
14 available to the public upon request. Such report shall be updated
15 monthly. Such report will include a listing of each vulnerable entity
16 notification made, excluding the victim and individual residents.
17 (c) If the risk of repeat offense is high and there exists a threat to
18 the public safety a level three designation shall be given to such sex
19 offender. In such case, the law enforcement agency or agencies having
20 jurisdiction and the law enforcement agency or agencies having had
21 jurisdiction at the time of his or her conviction shall be notified and
22 may disseminate relevant information which shall include a photograph
23 and description of the offender and which may include the sex offender's
24 exact name and any aliases used by the offender, exact address, address
25 of the offender's place of employment, background information including
26 the offender's crime of conviction, mode of operation, type of victim
27 targeted, the name and address of any institution of higher education at
28 which the sex offender is enrolled, attends, is employed or resides and
29 the description of special conditions imposed on the offender to any
30 entity with vulnerable populations related to the nature of the offense
31 committed by such sex offender. Any entity receiving information on a
32 sex offender may disclose or further disseminate such information at its
33 discretion. In addition, in such case, the information described herein
34 shall also be provided in the subdirectory established in this article
35 and notwithstanding any other provision of law, such information shall,
36 upon request, be made available to the public.
37 Such law enforcement agencies shall compile, maintain and update a
38 listing of vulnerable organizational entities within its jurisdiction.
39 Such listing shall be utilized for notification of such organizations in
40 disseminating such information on level three sex offenders pursuant to
41 this paragraph. Such listing shall include and not be limited to:
42 superintendents of schools or chief school administrators, superinten-
43 dents of parks, public and private libraries, public and private school
44 bus transportation companies, day care centers, nursery schools, pre-
45 schools, neighborhood watch groups, community centers, civic associ-
46 ations, nursing homes, victim's advocacy groups and places of worship.
47 Such law enforcement agencies shall generate a monthly report which
48 shall be made available to the public, identifying the community notifi-
49 cation procedures implemented for each offender. Such report shall be
50 available to the public upon request. Such report shall be updated
51 monthly. Such report will include a listing of each vulnerable entity
52 notification made, excluding the victim and individual residents.
53 § 2. This act shall take effect on the first of November next succeed-
54 ing the date on which it shall have become a law.
