S T A T E   O F   N E W   Y O R K
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                                  8916

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on 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:

  Section 1. Paragraph (b) of subdivision 1  of  section  168-b  of  the
correction  law,  as amended by section 1 of part O of chapter 56 of the
laws of 2005, is amended to read as follows:
  (b) A photograph and set of fingerprints. For a sex offender  given  a
level  three  OR SEXUAL PREDATOR designation, the division shall, during
[the period of registration] EACH PERSONAL VERIFICATION OF  HIS  OR  HER
ADDRESS   PURSUANT   TO   SUBDIVISION   THREE  OF  SECTION  ONE  HUNDRED
SIXTY-EIGHT-F OF THIS ARTICLE, update such photograph once  each  [year]
NINETY DAYS AND AT ANY TIME THAT SUCH SEX OFFENDER IS DIRECTED, PURSUANT
TO  SECTION  TWO HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, BY HIS OR HER
PROBATION OFFICER OR, PURSUANT TO SUBDIVISION  THREE-A  OF  SECTION  TWO
HUNDRED  FIFTY-NINE-I OF THE EXECUTIVE LAW, BY HIS OR HER PAROLE OFFICER
TO REPORT TO THE LAW ENFORCEMENT  AGENCY  HAVING  JURISDICTION  FOR  THE
PURPOSE  OF HAVING A PHOTOGRAPH TAKEN.  For a sex offender given a level
one or level two designation, the division shall, during the  period  of
registration,  update  such photograph once every three years. The divi-
sion shall notify the sex offender by mail of the duty to appear and  be
photographed  at  the  specified law enforcement agency having jurisdic-
tion. Such notification shall be mailed at least  thirty  days  and  not
more  than  sixty  days  before  the  photograph is required to be taken

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13807-02-2

A. 8916                             2

pursuant to subdivision two of section one hundred sixty-eight-f of this
article.
  S  2.  Paragraph  (b-2)  of  subdivision  2  of  section  168-f of the
correction law, as added by section 2 of part O of  chapter  56  of  the
laws of 2005, is amended to read as follows:
  (b-2) If the sex offender has been given a level three OR SEXUAL PRED-
ATOR  designation, he or she shall personally appear at the law enforce-
ment agency having jurisdiction [within twenty days of the  first  anni-
versary  of  the  sex  offender's  initial registration and] every [year
thereafter] NINETY DAYS,  AS  REQUIRED  BY  SUBDIVISION  THREE  OF  THIS
SECTION, during the period of registration, AND ANY TIME HE OR SHE IS SO
DIRECTED  BY  HIS  OR  HER  PROBATION  OFFICER,  PURSUANT TO SECTION TWO
HUNDRED FIFTY-SIX-B OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE  OFFICER,
PURSUANT  TO  SUBDIVISION THREE-A OF SECTION TWO HUNDRED FIFTY-NINE-I OF
THE EXECUTIVE LAW, for the purpose of providing a current photograph  of
such  offender.  The  law  enforcement  agency having jurisdiction shall
photograph the sex offender and shall promptly forward a  copy  of  such
photograph  to the division. For purposes of this paragraph, if such sex
offender is confined in a state  or  local  correctional  facility,  the
local  law  enforcement  agency having jurisdiction shall be the warden,
superintendent, sheriff or other person in charge of the state or  local
correctional facility.
  S  3. Subdivision 3 of section 168-f of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  3. The provisions of subdivision two of this section shall be  applied
to  a  sex  offender required to register under this article except that
such sex offender designated as a sexual predator or having been given a
level three designation must personally verify his or her  address  with
the  local law enforcement agency AND PROVIDE A CURRENT PHOTOGRAPH every
ninety calendar days after the date of release or commencement of parole
or post-release supervision, or probation, or release on  payment  of  a
fine,  conditional discharge or unconditional discharge, AND WHENEVER SO
DIRECTED BY HIS OR  HER  PROBATION  OFFICER,  PURSUANT  TO  SECTION  TWO
HUNDRED  FIFTY-SIX-B  OF THE EXECUTIVE LAW, OR HIS OR HER PAROLE OFFICER
PURSUANT TO SUBDIVISION THREE-A OF SECTION TWO HUNDRED  FIFTY-NINE-I  OF
THE  EXECUTIVE LAW.  The duty to personally verify AND PROVIDE A CURRENT
PHOTOGRAPH shall be temporarily suspended during any period in which the
sex offender is confined to any state or  local  correctional  facility,
hospital  or institution and shall immediately recommence on the date of
the sex offender's release.
  S 4. The executive law is amended by adding a  new  section  256-b  to
read as follows:
  S  256-B.  SUPERVISION  OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDA-
TORS. IF A PROBATION OFFICER HAVING CHARGE OF A  SEX  OFFENDER  GIVEN  A
LEVEL  THREE OR SEXUAL PREDATOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF
THE CORRECTION LAW, DETERMINES THAT SUCH SEX OFFENDER HAS  SIGNIFICANTLY
CHANGED  HIS OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTO-
GRAPH PROVIDED PURSUANT TO ARTICLE SIX-C OF THE  CORRECTION  LAW  IS  NO
LONGER  AN ACCURATE REPRESENTATION OF THE PHYSICAL APPEARANCE OF THE SEX
OFFENDER, SUCH PROBATION OFFICER SHALL SUBMIT A REPORT OF SUCH  FACT  TO
THE DIVISION OF CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFEN-
DER  TO PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION, PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, FOR  THE  PURPOSE
OF PROVIDING A CURRENT PHOTOGRAPH.
  S  5.    Section 259-i of the executive law is amended by adding a new
subdivision 3-a to read as follows:

A. 8916                             3

  3-A. SUPERVISION OF LEVEL THREE SEX OFFENDERS AND SEXUAL PREDATORS. IF
THE PAROLE OFFICER HAVING CHARGE OF A PRESUMPTIVELY RELEASED, PAROLED OR
CONDITIONALLY RELEASED SEX OFFENDER GIVEN A LEVEL THREE OR SEXUAL PREDA-
TOR DESIGNATION PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW, OR SUCH
A  SEX  OFFENDER  RELEASED  TO  POST-RELEASE  SUPERVISION, OR SUCH A SEX
OFFENDER RECEIVED PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-M  OF  THIS
ARTICLE, DETERMINES THAT SUCH SEX OFFENDER HAS SIGNIFICANTLY CHANGED HIS
OR HER PHYSICAL APPEARANCE SUCH THAT THE MOST RECENT PHOTOGRAPH PROVIDED
PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW IS NO LONGER AN ACCURATE
REPRESENTATION  OF  THE  PHYSICAL  APPEARANCE  OF THE SEX OFFENDER, SUCH
PAROLE OFFICER SHALL SUBMIT A REPORT OF SUCH FACT  TO  THE  DIVISION  OF
CRIMINAL JUSTICE SERVICES AND SHALL ORDER THE SEX OFFENDER TO PERSONALLY
APPEAR  AT  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION, PURSUANT TO
ARTICLE SIX-C OF THE CORRECTION LAW, FOR  THE  PURPOSE  OF  PROVIDING  A
CURRENT PHOTOGRAPH.
  S 6. This act shall take effect on the one hundred twentieth day after
it  shall  have  become a law; provided that, effective immediately, any
rules and regulations necessary to implement the provisions of this  act
are authorized and directed to be completed on or before such date.