senate Bill S2005

Amended

Expands the amount of information available about registered sex offenders on the division of criminal justice services website

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 02 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 20 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 20 / Mar / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 20 / Mar / 2012
    • PRINT NUMBER 2005A
  • 20 / Jun / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 20 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1378
  • 20 / Jun / 2012
    • PASSED SENATE
  • 20 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2012
    • REFERRED TO CORRECTION

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A4871
Versions:
S2005
S2005A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-b, 168-l & 168-q, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S1488, A3793
2007-2008: A8438

Votes

11
1
11
Aye
1
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Crime Victims, Crime and Correction committee vote details

Sponsor Memo

BILL NUMBER:S2005

TITLE OF BILL:
An act
to amend the correction law, in relation to the registration of sex
offenders

PURPOSE:
To make information about all registered sex offenders
available on the Division of Criminal Justice Services home page and
to provide for registration of automatic e-mail notification when a
sex offender moves into a resident's zip code.

SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 6 of
section 168-b of the Correction Law to change the reference to the
subdirectory to a reference to the directory of sex offenders.

Section two of the bill amends paragraphs a, b and c of subdivision 6
of section 168-1 of the Correction Law to describe what information
about a sex offender is available on the Division homepage depending
on whether the offender has been designated a level one, two or three
risk.

Section three of the bill amends section 168-q of the Correction Law
to change the title of the subdirectory to the Directory of Sex
Offenders and to authorize certain information about level one sex
offenders to be made available on the Division homepage in addition
to the current information which is made available on level two and
three sex offenders. Also provides that DCJS shall provide on its
Internet home page a means for a person to register to receive notice
bye-mail whenever a sex offender moves into their zip code.

Section four of the bill provides that it takes effect 180 days after
it becomes law.

EXISTING LAW:
Currently, the Sex Offender Registration Act does not
require all sex offenders to be accessible on the DCJS directory
web-site. In addition, the Division must maintain a subdirectory of
Sex Offenders which is distributed to all local law enforcement
agencies monthly in addition to being maintained on the Division home
page. In order to view the subdirectory, a person must provide his or
her name in writing.

JUSTIFICATION:
In New York State, a sex offender remains on the Sex
Offender Registry for at least twenty years. Many offenders are
required to register for life. A subdirectory of Sex Offenders is
maintained on the Division of Criminal Justice Services homepage.
While this subdirectory provides valuable information concerning
those offenders who have been determined to pose a moderate or high
risk, no similar information is provided about offenders found to
pose a low risk of reoffense. A person must call the 800 number
operated by the Division or be notified by a local law enforcement
agency to learn of low risk offenders in the community.


To use the 800 number, the caller must have the sex offender's name
and either the offender's exact address, date of birth, social
security number or driver's license number. There is no fee for the
800 number. The 800 number has proved to be a useful screening tool
for certain business and volunteer agencies, however, it is not as
useful for a person who wishes to know who may pose a threat to the
community but does not know the specific identifying information
required for an 800 number search.
Making information about all registered sex offenders, based upon risk
level, available on the Division home page will expand the utility of
the Registry and enhance the safety of New York's most vulnerable
citizens. Individuals and organizations who need access to Registry
information will be able to obtain such information from any computer
with access to the Internet without charge at a convenient time and
will no longer be limited to calling the 800 number. In addition, by
providing a mechanism whereby residents may register with DCJS to
receive automatic e-mail notifications whenever an offender moves
into their zip code will give individuals the peace of mind that they
will be timely notified whenever
there is an individual who may pose a risk living nearby. Furthermore,
it takes away the burden of having to check the registry all the time
to look for new offenders living in the community.

Currently, a local law enforcement agency is required, by statute, to
provide public access to the subdirectory. Agencies accomplish this
by providing a requestor with the use of a computer to view the
subdirectory on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement
agencies will have little or no impact on the public. A number of law
enforcement agencies have reported that the subdirectory is rarely,
if ever, accessed by the public. While the public does not access the
subdirectory at a police station very often, the subdirectory
maintained on the home page is one of the most frequently visited
sites on the Division home page. In December 2006, the subdirectory
received 2,113,371 hits. Accessing the subdirectory at a law
enforcement agency is a cumbersome task. A person wishing to view the
subdirectory at a police station must ascertain the location and time
that it is available for viewing. In many cases the viewing times are
limited.

Further, many citizens may not feel comfortable requesting access at a
police station. In contrast, the directory maintained on the Division
home page is accessible 24 hours a day from the privacy of home.
Individuals who do not have home access to the Internet may access
the directory at a public library at no charge or any business which
furnishes Internet access for a fee. Moreover, any individual who
accesses the directory from the Internet may print the results of the
search. Printing is often not an option when viewing the subdirectory
at a police station.

LEGISLATIVE HISTORY:
2009-2010 - S.1488 - Referred to Crime Victims, Crime & Correction
2007/2008 - S.3713/A.8438 Passed Senate, Assembly Correction
2005/2006 - S.496-B Passed Senate/Assembly Correction
2003/2004 - Similar to S.4007-A Passed Senate/Assembly Correction


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after the bill becomes law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2005

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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 the registration of
  sex offenders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6 of section 168-b of the correction law, as
amended by chapter 106 of the laws  of  2006,  is  amended  to  read  as
follows:
  6. The division shall also establish a [subdirectory] DIRECTORY pursu-
ant to section one hundred sixty-eight-q of this article.
  S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the  correction law, paragraphs (a) and (b) as amended by chapter 106 of
the laws of 2006 and paragraph (c) as separately amended by chapters 318
and 680 of the laws of 2005, are amended to read as follows:
  (a) If the risk of repeat offense is  low,  a  level  one  designation
shall  be  given  to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his  or  her  conviction
shall  be  notified  and  may disseminate relevant information which may
include a photograph and description  of  the  offender  and  which  may
include  the  name of the sex offender, approximate address based on sex
offender's zip code, background  information  including  the  offender's
crime  of  conviction,  modus of operation, type of victim targeted, the
name and address of any institution of higher education at which the sex
offender  is  enrolled,  attends,  is  employed  or  resides   and   the
description  of special conditions imposed on the offender to any entity
with vulnerable populations related to the nature of the offense commit-
ted by such sex offender. Any entity  receiving  information  on  a  sex
offender  may  disclose  or  further disseminate such information at its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06228-01-1

S. 2005                             2

discretion. IN ADDITION, IN EACH SUCH CASE, THE NAME OF THE  SEX  OFFEN-
DER,  A  PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON
THE SEX OFFENDER'S ZIP CODE SHALL ALSO  BE  PROVIDED  IN  THE  DIRECTORY
ESTABLISHED IN THIS ARTICLE.
  (b) If the risk of repeat offense is moderate, a level two designation
shall  be  given  to such sex offender. In such case the law enforcement
agency or agencies having jurisdiction and the law enforcement agency or
agencies having had jurisdiction at the time of his  or  her  conviction
shall  be  notified and may disseminate relevant information which shall
include a photograph and description  of  the  offender  and  which  may
include the exact name and any aliases used by the sex offender, approx-
imate  address  based on sex offender's zip code, background information
including the offender's crime of conviction, mode of operation, type of
victim targeted, the name and  address  of  any  institution  of  higher
education at which the sex offender is enrolled, attends, is employed or
resides  and the description of special conditions imposed on the offen-
der to any entity with vulnerable populations related to the  nature  of
the  offense committed by such sex offender. Any entity receiving infor-
mation on a sex offender may disclose or further disseminate such infor-
mation at its discretion. In addition, in  such  case,  the  information
described  [herein]  IN  THIS  PARAGRAPH  shall  also be provided in the
[subdirectory] DIRECTORY established in this article and notwithstanding
any other provision of law, such information  shall,  upon  request,  be
made available to the public.
  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such  information  on level two sex offenders pursuant to
this paragraph. Such listing  shall  include  and  not  be  limited  to:
superintendents  of  schools or chief school administrators, superinten-
dents of parks, public and private libraries, public and private  school
bus  transportation  companies,  day care centers, nursery schools, pre-
schools, neighborhood watch groups,  community  centers,  civic  associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  (c) If the risk of repeat offense is high and there exists a threat to
the  public  safety a level three designation shall be given to such sex
offender. In such case, the law enforcement agency  or  agencies  having
jurisdiction  and  the  law  enforcement  agency  or agencies having had
jurisdiction at the time of his or her conviction shall be notified  and
may  disseminate  relevant  information which shall include a photograph
and description of the offender and which may include the sex offender's
exact name and any aliases used by the offender, exact address,  address
of  the offender's place of employment, background information including
the offender's crime of conviction, mode of operation,  type  of  victim
targeted, the name and address of any institution of higher education at
which  the sex offender is enrolled, attends, is employed or resides and
the description of special conditions imposed on  the  offender  to  any
entity  with vulnerable populations related to the nature of the offense
committed by such sex offender. Any entity receiving  information  on  a
sex offender may disclose or further disseminate such information at its
discretion.  In addition, in such case, the information described [here-
in] IN THIS PARAGRAPH shall  also  be  provided  in  the  [subdirectory]
DIRECTORY  established  in  this  article  and notwithstanding any other
provision of law, such information shall, upon request, be  made  avail-
able to the public.

S. 2005                             3

  Such  law  enforcement  agencies  shall compile, maintain and update a
listing of vulnerable organizational entities within  its  jurisdiction.
Such listing shall be utilized for notification of such organizations in
disseminating  such information on level three sex offenders pursuant to
this  paragraph.  Such  listing  shall  include  and  not be limited to:
superintendents of schools or chief school  administrators,  superinten-
dents  of parks, public and private libraries, public and private school
bus transportation companies, day care centers,  nursery  schools,  pre-
schools,  neighborhood  watch  groups,  community centers, civic associ-
ations, nursing homes, victim's advocacy groups and places of worship.
  S 3. Section 168-q of the correction law, as added by chapter  192  of
the  laws  of 1995, the section heading as amended by chapter 106 of the
laws of 2006, subdivision 1 as amended by chapter 478  of  the  laws  of
2009, is amended to read as follows:
  S  168-q.  [Subdirectory] DIRECTORY; internet posting. 1. The division
shall maintain a [subdirectory of level two and three] DIRECTORY OF  sex
offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
  (A)  IN  THE  CASE  OF  A  SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL ONE
DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE  SEX
OFFENDER'S ZIP CODE.
  (B)  IN  THE  CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A LEVEL TWO OR
THREE DESIGNATION,  THE  DIRECTORY  shall  include  the  exact  address,
address  of the offender's place of employment and photograph of the sex
offender along with the following information, if available: name, phys-
ical description, age and distinctive markings.  Background  information
including  the  sex  offender's crime of conviction, modus of operation,
type of victim targeted, the name and  address  of  any  institution  of
higher  education  at  which  the  sex offender is enrolled, attends, is
employed or resides and a description of special conditions  imposed  on
the  sex  offender  shall also be included. [The subdirectory shall have
sex offender listings categorized by county and zip code. A copy of  the
subdirectory  shall  annually  be  distributed  to  the offices of local
village, town, city,  county  or  state  law  enforcement  agencies  for
purposes  of  public  access.    The  division  shall distribute monthly
updates to the offices of local village, town, city, county or state law
enforcement agencies for purposes of public access. Such departments]
  (C) THE DIVISION shall require that  a  person  [in  writing]  provide
[their]  HIS OR HER name and address prior to viewing the [subdirectory]
DIRECTORY.  Any information identifying the victim by name, birth  date,
address  or  relation  to  the  sex  offender shall be excluded from the
[subdirectory distributed for purposes of public access. The subdirecto-
ry provided for herein shall be updated monthly to  maintain  its  effi-
ciency and usefulness and shall be computer accessible. Such subdirecto-
ry shall be made available at all times on the internet via the division
homepage.  Any  person  may  apply  to the division to receive automated
e-mail notifications whenever a new or updated subdirectory registration
occurs in a geographic area specified by such person. The division shall
furnish such service at no charge to  such  person,  who  shall  request
e-mail  notification  by  county  and/or zip code on forms developed and
provided by the  division.  E-mail  notification  is  limited  to  three
geographic areas per e-mail account] DIRECTORY.
  (D)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA

S. 2005                             4

ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
WHO  MOVES  INTO  THE  PERSON'S  ZIP CODE. SUCH NOTICE SHALL INCLUDE ALL
INFORMATION AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER  PURSU-
ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
  2.  Any person who uses information disclosed pursuant to this section
in violation of the law shall in addition to any other penalty  or  fine
imposed,  be subject to a fine of not less than five hundred dollars and
not more than one thousand dollars. [Unauthorized removal or duplication
of the subdirectory from the offices of local, village  or  city  police
department  shall  be  punishable  by  a fine not to exceed one thousand
dollars.] In addition, the attorney general, any district  attorney,  or
any person aggrieved is authorized to bring a civil action in the appro-
priate  court requesting preventive relief, including an application for
a permanent or temporary injunction, restraining order, or  other  order
against  the person or group of persons responsible for such action. The
foregoing remedies shall be independent of any other remedies or  proce-
dures that may be available to an aggrieved party under other provisions
of law.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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