senate Bill S2017

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

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Sponsor

Co-Sponsors

Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 13 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.721
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO CORRECTION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND 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:
A2649
Versions:
S2017
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd ยงยง168-b, 168-l & 168-q, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2005A, A4871A
2009-2010: S1488, A3793
2007-2008: A8438

Sponsor Memo

BILL NUMBER:S2017

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 avail-
able 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 offen-
ders. 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 subdi-
rectory provides valuable information concerning those offenders who
have been determined to pose a moderate or high risk, no similar infor-
mation is provided about offenders found to pose a low risk of re-of-
fense. 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 offen-
ders 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 la-low 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 commu-
nity.

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 subdirecto-
ry on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement agen-
cies 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 posi-
tive 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. Indi-
viduals 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: 2011-2012: S.2005A/A.4871A - Passed
Senate/Assembly Correction 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
________________________________________________________________________

                                  2017

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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, 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02690-01-3

S. 2017                             2

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]
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. 2017                             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 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
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

S. 2017                             4

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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