senate Bill S2595

Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by DCJS

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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

  • 26 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1124
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2011
    • SUBSTITUTED BY A424

Summary

Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by the division of criminal justice services.

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Bill Details

See Assembly Version of this Bill:
A424
Versions:
S2595
Legislative Cycle:
2011-2012
Law Section:
Correction Law
Laws Affected:
Amd ยง168-f, Cor L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S2604, A841
2007-2008: A1179A

Votes

Sponsor Memo

BILL NUMBER:S2595

TITLE OF BILL:

An act
to amend the correction law, in relation to sex offender verification

PURPOSE OR GENERAL IDEA OF BILL:

The bill would enable law enforcement to better track offenders
registered under the Sex Offender Registration Act ("SORA").

SUMMARY OF SPECIFIC PROVISIONS:

The bill requires the Division of Criminal Justice Services ("DCJS")
to notify law enforcement officials if an offender listed on the
statewide Sex Offender Registry does not promptly verify his or her
address. The bill provides that if an annual verification of address
form is not completed and returned to DCJS in a timely manner, the
probation or parole officer assigned to the case or other local law
enforcement officials will be asked to promptly visit the listed
residence and confirm that the registrant continues to live there. If
the officials confirm that the registrant continues to live at the
listed address and the registrant signs the verification form, the
Division may accept the form and assess a new civil penalty for the
cost for verification, up to $200.00. If the registrant is not at the
listed address or refuses to sign the verification documents, the
district attorney and DCJS will be notified and the offender will
face prosecution for failing to register and verify under SORA. A
first such failure to register or verify is a class E felony; a
second such offense is a class D felony.

JUSTIFICATION:

New York has made tremendous strides in implementing SORA, and there
are now more than 21,000 persons registered under this law. Although
most registrants return annual verification information promptly,
there are offenders who, although they have not moved, do not
promptly verify their address. In order to better enforce the
verification provisions of the law, this bill requires a prompt
investigation any time verification documents are not returned in a
timely manner. Where the registrant has moved or refuses to verify
his or her address, arrest and prosecution will follow. When the
registrant is living at the address and signs the verification
document, the Division will assess the cost of the investigative
interview to the registrant, up to $200.00. In this way, the bill
assures that the registry is updated, and also helps to protect
public safety by assuring a prompt investigation when verification
documents are not immediately returned.

PRIOR LEGISLATIVE HISTORY:

2009-10: S.2604 Reported and Committed to Codes/A.841 Passed Assembly
2008: S.5570A Senate Crime Victims, Crime and Correction
Cmte./A.1179A Passed Assembly
2007: S.5570A Senate Rules Cmte./A.1179A Passed Assembly


2005-06: A.7707 Passed Assembly
2003-04: A.11602 Passed Assembly 6/21/2004

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Added costs for implementing the law are expected to be small.

EFFECTIVE DATE:

Sixty days after the bill is signed into law.

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

                                  2595

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 26, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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 sex offender verifi-
  cation

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

  Section  1.  Subdivision  2  of section 168-f of the correction law is
amended by adding a new paragraph (c-2) to read as follows:
  (C-2) (I) IF THE DIVISION DOES NOT  RECEIVE  THE  SIGNED  VERIFICATION
FORM  WITHIN  TWENTY  CALENDAR DAYS AFTER MAILING THE FORM TO THE REGIS-
TRANT, THE DIVISION SHALL PROMPTLY NOTIFY THE SUPERVISING  PROBATION  OR
PAROLE  OFFICER  OR,  IF THE OFFENDER IS NOT ON PROBATION OR PAROLE, THE
LOCAL LAW  ENFORCEMENT  AGENCY  SERVING  THE  REGISTRANT'S  REGISTRATION
ADDRESS,  FORWARD  THE  VERIFICATION  FORM, AND REQUEST THAT OFFICERS OF
SUCH AGENCY VISIT THE REGISTRATION ADDRESS AND MAKE  REASONABLE  EFFORTS
TO CONFIRM THAT THE REGISTRANT CONTINUES TO LIVE THERE.
  (II) (A) IF IT APPEARS TO THESE OFFICERS THAT THE REGISTRANT NO LONGER
LIVES  AT  THE  REGISTRATION ADDRESS, THEY SHALL NOTIFY THE DIVISION AND
THE APPROPRIATE DISTRICT ATTORNEY. IF IT APPEARS TO THESE OFFICERS  THAT
THE  REGISTRANT CONTINUES TO LIVE AT THE REGISTRATION ADDRESS, THE OFFI-
CERS SHALL PRESENT AN APPROPRIATE VERIFICATION FORM FOR  THE  REGISTRANT
TO  SIGN.  IF  THE REGISTRANT PROPERLY COMPLETES AND SIGNS THE FORM, THE
OFFICERS SHALL ACCEPT THE COMPLETED FORM AND FORWARD IT TO THE DIVISION.
IF THE REGISTRANT DOES NOT PROPERLY COMPLETE  AND  SIGN  THE  FORM,  THE
OFFICERS  SHALL  NOTIFY THE DIVISION AND THE APPROPRIATE DISTRICT ATTOR-
NEY.
  (B) NOTWITHSTANDING PARAGRAPH (C) OF  THIS  SUBDIVISION,  AN  OFFENDER
LIVING  AT THE REGISTRATION ADDRESS WHO REFUSES TO SIGN THE VERIFICATION
FORM PRESENTED IN ACCORDANCE WITH THIS  SUBPARAGRAPH  SHALL  BE  GUILTY,
PURSUANT  TO  SECTION  ONE  HUNDRED  SIXTY-EIGHT-T OF THIS ARTICLE, OF A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02092-01-1

S. 2595                             2

CLASS  E  FELONY  UPON  CONVICTION  FOR  THE  FIRST  OFFENSE,  AND  UPON
CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS
D  FELONY, AND FAILURE TO VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF
PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW
OR  THE  BASIS  FOR  REVOCATION  OF  PROBATION  PURSUANT TO ARTICLE FOUR
HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW.
  (III) IF A SEX OFFENDER FAILS TO MAIL A SIGNED  VERIFICATION  FORM  TO
THE  DIVISION  IN  THE MANNER AND WITHIN THE TIME PERIOD PROVIDED FOR IN
THIS SUBDIVISION, THE DIVISION, IN ADDITION TO ANY  OTHER  PENALTY  THAT
MAY  BE IMPOSED, SHALL ASSESS AGAINST THE OFFENDER A CIVIL PENALTY EQUAL
TO THE COST INCURRED BY LAW ENFORCEMENT OFFICIALS IN VISITING THE REGIS-
TRATION ADDRESS, UP TO TWO HUNDRED  DOLLARS.  EACH  ANNUAL  VERIFICATION
FORM MAILED TO A SEX OFFENDER PURSUANT TO THIS SUBDIVISION SHALL INCLUDE
A CONSPICUOUS NOTICE OF THE PROVISIONS OF THIS SUBDIVISION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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