Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders; authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code.
STATE OF NEW YORK
________________________________________________________________________
1976--A
2011-2012 Regular Sessions
IN SENATE
January 14, 2011
___________
Introduced by Sens. GIANARIS, AVELLA -- read twice and ordered printed,
and when printed to be committed to the Committee on Crime Victims,
Crime and Correction -- recommitted to the Committee on Crime Victims,
Crime and Correction in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the correction law, in relation to the registration of
sex offenders
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 168-b of the correction law, as
2 amended by chapter 106 of the laws of 2006, is amended to read as
3 follows:
4 6. The division shall also establish a [subdirectory] directory pursu-
5 ant to section one hundred sixty-eight-q of this article.
6 § 2. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
7 the correction law, paragraph (a) as amended by chapter 106 of the laws
8 of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and
9 paragraph (c) as separately amended by chapters 318 and 680 of the laws
10 of 2005, are amended to read as follows:
11 (a) If the risk of repeat offense is low, a level one designation
12 shall be given to such sex offender. In such case the law enforcement
13 agency or agencies having jurisdiction and the law enforcement agency or
14 agencies having had jurisdiction at the time of his or her conviction
15 shall be notified and may disseminate relevant information which may
16 include a photograph and description of the offender and which may
17 include the name of the sex offender, approximate address based on sex
18 offender's zip code, background information including the offender's
19 crime of conviction, modus of operation, type of victim targeted, the
20 name and address of any institution of higher education at which the sex
21 offender is enrolled, attends, is employed or resides and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05810-02-1
S. 1976--A 2
1 description of special conditions imposed on the offender to any entity
2 with vulnerable populations related to the nature of the offense commit-
3 ted by such sex offender. Any entity receiving information on a sex
4 offender may disclose or further disseminate such information at its
5 discretion. In addition, in each such case, the name of the sex offen-
6 der, a photograph of the sex offender and approximate address based on
7 the sex offenders zip code shall also be provided in the directory
8 established in this article.
9 (b) If the risk of repeat offense is moderate, a level two designation
10 shall be given to such sex offender. In such case the law enforcement
11 agency or agencies having jurisdiction and the law enforcement agency or
12 agencies having had jurisdiction at the time of his or her conviction
13 shall be notified and may disseminate relevant information which shall
14 include a photograph and description of the offender and which may
15 include the exact name and any aliases used by the sex offender, exact
16 address, background information including the offender's crime of
17 conviction, mode of operation, type of victim targeted, the name and
18 address of any institution of higher education at which the sex offender
19 is enrolled, attends, is employed or resides and the description of
20 special conditions imposed on the offender to any entity with vulnerable
21 populations related to the nature of the offense committed by such sex
22 offender. Any entity receiving information on a sex offender may
23 disclose or further disseminate such information at its discretion. In
24 addition, in such case, the information described [herein] in this para-
25 graph shall also be provided in the [subdirectory] directory established
26 in this article and notwithstanding any other provision of law, such
27 information shall, upon request, be made available to the public.
28 Such law enforcement agencies shall compile, maintain and update a
29 listing of vulnerable organizational entities within its jurisdiction.
30 Such listing shall be utilized for notification of such organizations in
31 disseminating such information on level two sex offenders pursuant to
32 this paragraph. Such listing shall include and not be limited to:
33 superintendents of schools or chief school administrators, superinten-
34 dents of parks, public and private libraries, public and private school
35 bus transportation companies, day care centers, nursery schools, pre-
36 schools, neighborhood watch groups, community centers, civic associ-
37 ations, nursing homes, victim's advocacy groups and places of worship.
38 (c) If the risk of repeat offense is high and there exists a threat to
39 the public safety a level three designation shall be given to such sex
40 offender. In such case, the law enforcement agency or agencies having
41 jurisdiction and the law enforcement agency or agencies having had
42 jurisdiction at the time of his or her conviction shall be notified and
43 may disseminate relevant information which shall include a photograph
44 and description of the offender and which may include the sex offender's
45 exact name and any aliases used by the offender, exact address, address
46 of the offender's place of employment, background information including
47 the offender's crime of conviction, mode of operation, type of victim
48 targeted, the name and address of any institution of higher education at
49 which the sex offender is enrolled, attends, is employed or resides and
50 the description of special conditions imposed on the offender to any
51 entity with vulnerable populations related to the nature of the offense
52 committed by such sex offender. Any entity receiving information on a
53 sex offender may disclose or further disseminate such information at its
54 discretion. In addition, in such case, the information described [here-
55 in] in this paragraph shall also be provided in the [subdirectory]
56 directory established in this article and notwithstanding any other
S. 1976--A 3
1 provision of law, such information shall, upon request, be made avail-
2 able to the public.
3 Such law enforcement agencies shall compile, maintain and update a
4 listing of vulnerable organizational entities within its jurisdiction.
5 Such listing shall be utilized for notification of such organizations in
6 disseminating such information on level three sex offenders pursuant to
7 this paragraph. Such listing shall include and not be limited to:
8 superintendents of schools or chief school administrators, superinten-
9 dents of parks, public and private libraries, public and private school
10 bus transportation companies, day care centers, nursery schools, pre-
11 schools, neighborhood watch groups, community centers, civic associ-
12 ations, nursing homes, victim's advocacy groups and places of worship.
13 § 3. The section heading and subdivision 1 of section 168-q of the
14 correction law, the section heading as amended by chapter 106 of the
15 laws of 2006 and subdivision 1 as amended by chapter 532 of the laws of
16 2011, are amended to read as follows:
17 [Subdirectory] Directory; internet posting. 1. The division shall
18 maintain a [subdirectory of level two and three sex offenders. The
19 subdirectory] directory which shall be made available at all times on
20 the internet via the division homepage for purposes of public access.
21 (a) In the case of a sex offender who has been given a level one
22 designation, the directory shall include the name of the sex offender, a
23 photograph of the sex offender and approximate address based on the sex
24 offender's zip code.
25 (b) In the case of a sex offender who has been given a level two or
26 three designation, the directory shall include the exact address,
27 address of the offender's place of employment and photograph of the sex
28 offender along with the following information, if available: name, phys-
29 ical description, age and distinctive markings. Background information
30 including the sex offender's crime of conviction, modus of operation,
31 type of victim targeted, the name and address of any institution of
32 higher education at which the sex offender is enrolled, attends, is
33 employed or resides and a description of special conditions imposed on
34 the sex offender shall also be included. [The subdirectory shall have
35 sex offender listings categorized by county and zip code. Such subdirec-
36 tory shall be made available at all times on the internet via the divi-
37 sion homepage. Any person may apply to the division to receive automated
38 e-mail notifications whenever a new or updated subdirectory registration
39 occurs in a geographic area specified by such person. The division shall
40 furnish such service at no charge to such person, who shall request
41 e-mail notification by county and/or zip code on forms developed and
42 provided by the division. E-mail notification is limited to three
43 geographic areas per e-mail account.]
44 (c) The division shall, on its internet homepage, provide a means for
45 any person to register to receive notice at such person's electronic
46 mail address of all sex offenders who reside or move into the area
47 encompassed by such person's zip code. The division shall provide timely
48 notice by electronic mail to each person who registers pursuant to this
49 paragraph of every sex offender residing in and of every sex offender
50 who moves into the person's zip code. Such notice shall include all
51 information authorized to be disclosed on each such sex offender pursu-
52 ant to paragraph (a) or (b) of this subdivision.
53 § 4. This act shall take effect on the one hundred eightieth day after
54 it shall have become a law.
