Requires level 3 sex offenders and sexual predators to report to the law enforcement having jurisdiction to provide a current photograph every 90 days and whenever his or her probation officer or parole officer notices a significant change in the sex offenders physical appearance.
STATE OF NEW YORK
________________________________________________________________________
3918
2013-2014 Regular Sessions
IN SENATE
February 26, 2013
___________
Introduced by Sens. GRIFFO, MAZIARZ, SAVINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Crime
Victims, Crime and Correction
AN ACT to amend the correction law, in relation to requiring level three
sex offenders and sexual predators to have a photograph taken every
ninety days during each verification appearance; and to amend the
correction law and the executive law, in relation to requiring level
three sex offenders and sexual predators to have a photograph taken at
law enforcement agencies having jurisdiction when a probation officer
or parole officer notices a significant change in the physical appear-
ance of the sex offender
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 168-b of the
2 correction law, as amended by section 1 of part O of chapter 56 of the
3 laws of 2005, is amended to read as follows:
4 (b) A photograph and set of fingerprints. For a sex offender given a
5 level three or sexual predator designation, the division shall, during
6 [the period of registration] each personal verification of his or her
7 address pursuant to subdivision three of section one hundred sixty-
8 eight-f of this article, update such photograph once each [year] ninety
9 days and at any time that such sex offender is directed, pursuant to
10 section two hundred fifty-six-b of the executive law, by his or her
11 probation officer or, pursuant to subdivision three-a of section two
12 hundred fifty-nine-i of the executive law, by his or her parole officer
13 to report to the law enforcement agency having jurisdiction for the
14 purpose of having a photograph taken. For a sex offender given a level
15 one or level two designation, the division shall, during the period of
16 registration, update such photograph once every three years. The divi-
17 sion shall notify the sex offender by mail of the duty to appear and be
18 photographed at the specified law enforcement agency having jurisdic-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06504-01-3
S. 3918 2
1 tion. Such notification shall be mailed at least thirty days and not
2 more than sixty days before the photograph is required to be taken
3 pursuant to subdivision two of section one hundred sixty-eight-f of this
4 article.
5 § 2. Paragraph (b-2) of subdivision 2 of section 168-f of the
6 correction law, as added by section 2 of part O of chapter 56 of the
7 laws of 2005, is amended to read as follows:
8 (b-2) If the sex offender has been given a level three or sexual pred-
9 ator designation, he or she shall personally appear at the law enforce-
10 ment agency having jurisdiction [within twenty days of the first anni-
11 versary of the sex offender's initial registration and] every [year
12 thereafter] ninety days, as required by subdivision three of this
13 section, during the period of registration, and any time he or she is so
14 directed by his or her probation officer, pursuant to section two
15 hundred fifty-six-b of the executive law, or his or her parole officer,
16 pursuant to subdivision three-a of section two hundred fifty-nine-i of
17 the executive law, for the purpose of providing a current photograph of
18 such offender. The law enforcement agency having jurisdiction shall
19 photograph the sex offender and shall promptly forward a copy of such
20 photograph to the division. For purposes of this paragraph, if such sex
21 offender is confined in a state or local correctional facility, the
22 local law enforcement agency having jurisdiction shall be the warden,
23 superintendent, sheriff or other person in charge of the state or local
24 correctional facility.
25 § 3. Subdivision 3 of section 168-f of the correction law, as amended
26 by chapter 364 of the laws of 2012, is amended to read as follows:
27 3. The provisions of subdivision two of this section shall be applied
28 to a sex offender required to register under this article except that
29 such sex offender designated as a sexual predator or having been given a
30 level three designation must personally verify his or her address with
31 the local law enforcement agency and provide a current photograph every
32 ninety calendar days after the date of release or commencement of parole
33 or post-release supervision, or probation, or release on payment of a
34 fine, conditional discharge or unconditional discharge, and whenever so
35 directed by his or her probation officer, pursuant to section two
36 hundred fifty-six-b of the executive law, or his or her parole officer
37 pursuant to subdivision three-a of section two hundred fifty-nine-i of
38 the executive law. At such time the law enforcement agency having
39 jurisdiction may take a new photograph of such sex offender if it
40 appears that the offender has had a change in appearance since the most
41 recent photograph taken pursuant to paragraph (b-2) of subdivision two
42 of this section. If such photograph is taken, the law enforcement agency
43 shall promptly forward a copy of such photograph to the division. The
44 duty to personally verify and provide a current photograph shall be
45 temporarily suspended during any period in which the sex offender is
46 confined to any state or local correctional facility, hospital or insti-
47 tution and shall immediately recommence on the date of the sex
48 offender's release.
49 § 4. The executive law is amended by adding a new section 256-b to
50 read as follows:
51 § 256-b. Supervision of level three sex offenders and sexual preda-
52 tors. If a probation officer having charge of a sex offender given a
53 level three or sexual predator designation pursuant to article six-C of
54 the correction law, determines that such sex offender has significantly
55 changed his or her physical appearance such that the most recent photo-
56 graph provided pursuant to article six-C of the correction law is no
S. 3918 3
1 longer an accurate representation of the physical appearance of the sex
2 offender, such probation officer shall submit a report of such fact to
3 the division of criminal justice services and shall order the sex offen-
4 der to personally appear at the law enforcement agency having jurisdic-
5 tion, pursuant to article six-C of the correction law, for the purpose
6 of providing a current photograph.
7 § 5. Section 259-i of the executive law is amended by adding a new
8 subdivision 3-a to read as follows:
9 3-a. Supervision of level three sex offenders and sexual predators. If
10 the parole officer having charge of a presumptively released, paroled or
11 conditionally released sex offender given a level three or sexual preda-
12 tor designation pursuant to article six-C of the correction law, or such
13 a sex offender released to post-release supervision, or such a sex
14 offender received pursuant to section two hundred fifty-nine-m of this
15 article, determines that such sex offender has significantly changed his
16 or her physical appearance such that the most recent photograph provided
17 pursuant to article six-C of the correction law is no longer an accurate
18 representation of the physical appearance of the sex offender, such
19 parole officer shall submit a report of such fact to the division of
20 criminal justice services and shall order the sex offender to personally
21 appear at the law enforcement agency having jurisdiction, pursuant to
22 article six-C of the correction law, for the purpose of providing a
23 current photograph.
24 § 6. This act shall take effect on the one hundred twentieth day after
25 it shall have become a law; provided that, effective immediately, any
26 rules and regulations necessary to implement the provisions of this act
27 are authorized and directed to be completed on or before such date.
