senate Bill S2005A

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:
A4871A
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

Sponsor Memo

BILL NUMBER:S2005A

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, paragraph (a) as amended
by Chapter 106 of the Laws of 2006, paragraph (b) as amended by
Chapter 513 of the Laws of 2011 and paragraph (c) as separately
amended by Chapters 318 and 680 of the laws of 2005 are amended 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
by e-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.

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 re-offense. 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 DCIS 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 2011, the subdirectory received
2,786,194 positive 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 this bill has become law.

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

                                 2005--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sens.  SKELOS, 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 --
  reported favorably from said committee and committed to the  Committee
  on Finance -- 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:

  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, paragraph (a) as amended by chapter 106 of the laws
of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06228-02-2

S. 2005--A                          2

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
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,  exact
address,  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 [herein] IN THIS PARA-
GRAPH 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]

S. 2005--A                          3

DIRECTORY established in this  article  and  notwithstanding  any  other
provision  of  law, such information shall, upon request, be made avail-
able 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 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 532 of the laws of
2011, 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. Such subdirec-
tory  shall be made available at all times on the internet via the divi-
sion 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.]
  (C)  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
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

S. 2005--A                          4

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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