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

                                 2490--B
    Cal. No. 277

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted to said committee -- reported favorably from
  said committee, ordered to first and second report, amended on  second
  report,  ordered  to  a third reading, and to be reprinted as amended,
  retaining its place in the order of third reading

AN ACT to amend the correction law, in relation to notice whenever a sex
  offender is released to a public housing residence

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

  Section  1.  Subdivision  1 of section 168-e of the correction law, as
amended by chapter 11 of the  laws  of  2002,  is  amended  to  read  as
follows:
  1.  Any  sex offender, to be discharged, paroled, released to post-re-
lease supervision or released  from  any  state  or  local  correctional
facility,  hospital  or  institution  where  he  or  she was confined or
committed, shall at least fifteen  calendar  days  prior  to  discharge,
parole or release, be informed of his or her duty to register under this
article[,] by the facility in which he or she was confined or committed.
The  facility  shall require the sex offender to read and sign such form
as may be required by the division stating the duty to register and  the
procedure  for  registration  has  been  explained  to him or her and to
complete the registration portion of such  form.    The  facility  shall
obtain on such form the address where the sex offender expects to reside
upon  his  or  her  discharge,  parole  or release and SHALL REPORT SUCH
INFORMATION TO THE DIVISION. WITH REGARD TO LEVEL TWO  AND  LEVEL  THREE
SEX OFFENDERS, IF SUCH RESIDENCE IS IN A PUBLIC HOUSING AUTHORITY DWELL-
ING,  THE DIVISION SHALL IMMEDIATELY FORWARD SUCH INFORMATION IN WRITING
TO SUCH PUBLIC HOUSING AUTHORITY. THE FACILITY  SHALL  ALSO  OBTAIN  the
name  and address of any institution of higher education [he or she] ANY

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

                                                           LBD05583-05-9

S. 2490--B                          2

SEX OFFENDER expects to  be  employed  by,  enrolled  in,  attending  or
employed, whether for compensation or not, and whether he or she expects
to  reside  in  a facility owned or operated by such an institution, and
shall  report  such information to the division. The facility shall give
one copy of the form to the sex offender, retain one copy and shall send
one copy to the division which shall provide the information to the  law
enforcement  agencies  having  jurisdiction. The facility shall give the
sex offender a form prepared by the division, to register with the divi-
sion at least fifteen calendar days prior to release and such form shall
be completed, signed by the sex offender and sent to the division by the
facility at least ten days  prior  to  the  sex  offender's  release  or
discharge.
  S  2.  Section  168-f of the correction law is amended by adding a new
subdivision 4-a to read as follows:
  4-A. WHENEVER A LEVEL TWO OR LEVEL  THREE  SEX  OFFENDER  INFORMS  THE
DIVISION  THAT  HIS  OR  HER ADDRESS HAS CHANGED AND SUCH OFFENDER'S NEW
ADDRESS IS LOCATED WITHIN A PUBLIC HOUSING AUTHORITY DWELLING, THE DIVI-
SION SHALL IMMEDIATELY FORWARD THE SEX OFFENDER'S INFORMATION, IN  WRIT-
ING, TO SUCH PUBLIC HOUSING AUTHORITY.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                 2490--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sens.  KLEIN, ADAMS, DIAZ, HASSELL-THOMPSON, C. JOHNSON,
  MAZIARZ, PARKER, SAMPSON, THOMPSON -- read twice and ordered  printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and Correction -- committee discharged,  bill  amended,  ordered
  reprinted  as  amended  and  recommitted to said committee -- reported
  favorably from said committee, ordered to  first  and  second  report,
  amended  on  second  report,  ordered  to  a  third reading, and to be
  reprinted as amended, retaining its place in the order of third  read-
  ing  --  recommitted  to  the  Committee  on  Crime Victims, Crime and
  Correction in accordance with Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law, in relation to notice whenever a sex
  offender is released to a public housing residence

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

  Section 1. Paragraph (d) of subdivision 1  of  section  168-b  of  the
correction law, as amended by chapter 11 of the laws of 2002, is amended
to read as follows:
  (d)  The  name and address of any institution of higher education [at]
which the sex offender is or expects to be  enrolled  IN,  attending  or
employed  BY, whether for compensation or not, and whether such offender
resides in or will reside in a facility owned or operated by such insti-
tution.
  S 2.  Subdivision 2 of section 168-d of the correction law, as amended
by chapter 684 of the laws of 2005, is amended to read as follows:
  2. Any sex offender, who is released on probation or  discharged  upon
payment  of  a  fine,  conditional  discharge or unconditional discharge
shall, prior to such release or discharge, be informed  of  his  or  her
duty  to register under this article by the court in which he or she was
convicted. At the time sentence is  imposed,  such  sex  offender  shall

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05583-08-9
              

S. 2490--C                          2

register with the division on a form prepared by the division. The court
shall  require  the  sex  offender  to  read  and  sign such form and to
complete the registration portion of such form. The court shall on  such
form  obtain  the  address where the sex offender expects to reside upon
his or her release, and the name and address of any institution of high-
er education he or she expects to be [employed by,] enrolled in, attend-
ing or employed BY, whether for compensation or not, and whether  he  or
she  expects to reside in a facility owned or operated by such an insti-
tution, and shall report such information to  the  division.  The  court
shall  give  one copy of the form to the sex offender and shall send two
copies to the division which shall forward the information  to  the  law
enforcement  agencies  having  jurisdiction. The court shall also notify
the district attorney and the sex offender of the date of  the  determi-
nation  proceeding  to  be  held  pursuant  to subdivision three of this
section, which shall be held at least forty-five days after such  notice
is  given.  This  notice  shall  include  the  following  statement or a
substantially similar statement:  "This  proceeding  is  being  held  to
determine  whether you will be classified as a level 3 offender (risk of
repeat offense is high), a level 2 offender (risk of repeat  offense  is
moderate),  or  a  level  1 offender (risk of repeat offense is low), or
whether you will be designated as a sexual predator, a sexually  violent
offender  or a predicate sex offender, which will determine how long you
must register as a sex offender and how much information can be provided
to the public concerning your registration. If you  fail  to  appear  at
this  proceeding,  without  sufficient  excuse, it shall be held in your
absence. Failure to appear may result in a longer period of registration
or a higher level of community notification because you are not  present
to offer evidence or contest evidence offered by the district attorney."
The  court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has  the
right  to be represented by counsel at the hearing and that counsel will
be appointed if he or she is financially unable to  retain  counsel.  If
the  sex  offender applies for assignment of counsel to represent him or
her at the hearing and counsel was not previously assigned to  represent
the  sex  offender  in  the  underlying criminal action, the court shall
determine whether the offender is financially unable to retain  counsel.
If  such  a finding is made, the court shall assign counsel to represent
the sex offender pursuant to article eighteen-B of the county law. Where
the court orders a sex offender released on probation, such  order  must
include  a  provision  requiring that he or she comply with the require-
ments of this article. Where such sex offender violates such  provision,
probation  may  be immediately revoked in the manner provided by article
four hundred ten of the criminal procedure law.
  S 3. Subdivision 1 of section 168-e of the correction law, as  amended
by chapter 11 of the laws of 2002, is amended to read as follows:
  1. Any sex offender[,] to be discharged, paroled, released to post-re-
lease  supervision  or  released  from  any  state or local correctional
facility, hospital or institution  where  he  or  she  was  confined  or
committed,  shall  at  least  fifteen  calendar days prior to discharge,
parole or release, be informed of his or her duty to register under this
article, by the facility in which he or she was confined  or  committed.
The  facility  shall require the sex offender to read and sign such form
as may be required by the division stating the duty to register and  the
procedure  for  registration  has  been  explained  to him or her and to
complete the registration portion  of  such  form.  The  facility  shall
obtain on such form the address where the sex offender expects to reside

S. 2490--C                          3

upon his or her discharge, parole or release and the name and address of
any  institution  of  higher education he or she expects to be [employed
by,] enrolled in, attending or employed BY, whether for compensation  or
not,  and  whether  he  or  she expects to reside in a facility owned or
operated by such an institution, and shall report  such  information  to
the  division.  The  facility shall give one copy of the form to the sex
offender, retain one copy and shall send one copy to the division  which
shall  provide  the  information  to the law enforcement agencies having
jurisdiction. The facility shall give the sex offender a  form  prepared
by the division, to register with the division at least fifteen calendar
days  prior  to  release and such form shall be completed, signed by the
sex offender and sent to the division by the facility at least ten  days
prior to the sex offender's release or discharge.
  S 4. Subdivision 4 of section 168-j of the correction law, as added by
chapter 11 of the laws of 2002, is amended to read as follows:
  4.  Upon  receipt of a change in the status of the enrollment, attend-
ance, employment or residence at an institution of higher education by a
sex offender required to register under this article, the division shall
notify each law enforcement agency having jurisdiction which is affected
by such change. SUCH LAW ENFORCEMENT AGENCY SHALL ADHERE TO THE  NOTIFI-
CATION  PROVISIONS  SET  FORTH IN SUBDIVISION SIX OF SECTION ONE HUNDRED
SIXTY-EIGHT-L OF THIS ARTICLE.
  S 5. Paragraphs (b) and (c) of subdivision 6 of section 168-l  of  the
correction  law,  paragraph (b) as amended by chapter 106 of the laws of
2006, paragraph (c) as separately amended by chapters 318 and 680 of the
laws of 2005, are amended to read as follows:
  (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] SHALL 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 shall also be provided in the subdirectory  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
AND ALL SUBSIDIZED PUBLIC HOUSING PROJECTS.

S. 2490--C                          4

  (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] SHALL 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 opera-
tion,  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 receiv-
ing information on a sex offender may disclose  or  further  disseminate
such  information  at  its  discretion.  In  addition, in such case, the
information described herein shall also be provided in the  subdirectory
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 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
AND ALL SUBSIDIZED PUBLIC HOUSING PROJECTS.
  S  6.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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

                                 2490--D
    Cal. No. 74

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sens.  KLEIN, ADAMS, DIAZ, HASSELL-THOMPSON, C. JOHNSON,
  KRUEGER, MAZIARZ, ONORATO, PARKER, SAMPSON, SAVINO, THOMPSON  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee  on  Crime  Victims,  Crime  and  Correction  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, amended on second  report,  ordered  to  a
  third  reading, and to be reprinted as amended, retaining its place in
  the order of third reading -- recommitted to the  Committee  on  Crime
  Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN ACT to amend the correction law, in relation to notice whenever a sex
  offender is released to a public housing residence

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

  Section 1.  Section 168-b of the correction law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DIVISION SHALL ALSO MAKE  REGISTRY  INFORMATION  AVAILABLE  TO
MUNICIPAL  HOUSING AUTHORITIES, AS ESTABLISHED PURSUANT TO ARTICLE THREE
OF THE PUBLIC HOUSING  LAW,  TO  ENABLE  SUCH  AUTHORITIES  TO  IDENTIFY
PERSONS  INELIGIBLE  TO RESIDE IN PUBLIC HOUSING. THE DIVISION SHALL, AT
LEAST MONTHLY, RELEASE TO EACH MUNICIPAL HOUSING  AUTHORITY  INFORMATION
ABOUT  SEX  OFFENDERS WITH A HOME ADDRESS AND/OR EXPECTED PLACE OF DOMI-
CILE WITHIN THE CORRESPONDING MUNICIPALITY; AND, UPON  REQUEST  BY  SUCH
MUNICIPAL HOUSING AUTHORITY, SHALL PROVIDE ANY INFORMATION IN THE REGIS-
TRY  RELATING TO A CURRENT OR PROSPECTIVE TENANT OF THAT AUTHORITY.  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05583-13-0
              

S. 2490--D                          2

DIVISION MAY PROMULGATE RULES AND REGULATIONS RELATING TO PROCEDURES FOR
THE RELEASE OF INFORMATION IN THE REGISTRY TO SUCH AUTHORITIES.
  S  2.  Paragraphs (b) and (c) of subdivision 6 of section 168-l of the
correction law, paragraph (b) as amended by chapter 106 of the  laws  of
2006, paragraph (c) as separately amended by chapters 318 and 680 of the
laws of 2005, are amended to read as follows:
  (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 shall also be provided in the subdirectory 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
AND ALL MUNICIPAL HOUSING AUTHORITIES.
  (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 herein
shall also be provided in the subdirectory established in  this  article
and  notwithstanding any other provision of law, such information shall,
upon request, be made available to the public.

S. 2490--D                          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
AND ALL MUNICIPAL HOUSING AUTHORITIES.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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

                                 2490--E
    Cal. No. 74

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 20, 2009
                               ___________

Introduced  by  Sens.  KLEIN, ADAMS, DIAZ, HASSELL-THOMPSON, C. JOHNSON,
  KRUEGER, MAZIARZ, ONORATO, PARKER, SAMPSON, SAVINO, THOMPSON  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee  on  Crime  Victims,  Crime  and  Correction  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, amended on second  report,  ordered  to  a
  third  reading, and to be reprinted as amended, retaining its place in
  the order of third reading -- recommitted to the  Committee  on  Crime
  Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee  --  reported  favorably  from  said
  committee,  ordered  to  first  and  second report, ordered to a third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order  of  third  reading  --  reported favorably from said committee,
  ordered to a third reading, passed by  Senate  and  delivered  to  the
  Assembly,  recalled,  vote  reconsidered,  restored  to third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the correction law, in relation to notice whenever a sex
  offender is released to a public housing residence

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

  Section 1.  Section 168-b of the correction law is amended by adding a
new subdivision 12 to read as follows:
  12. THE DIVISION SHALL MAKE REGISTRY INFORMATION REGARDING  LEVEL  TWO
AND  THREE  SEX OFFENDERS AVAILABLE TO MUNICIPAL HOUSING AUTHORITIES, AS
ESTABLISHED PURSUANT TO ARTICLE THREE OF  THE  PUBLIC  HOUSING  LAW,  TO
ENABLE  SUCH  AUTHORITIES  TO  IDENTIFY  PERSONS INELIGIBLE TO RESIDE IN
PUBLIC HOUSING. THE DIVISION SHALL, AT LEAST MONTHLY,  RELEASE  TO  EACH
MUNICIPAL  HOUSING  AUTHORITY  INFORMATION ABOUT LEVEL TWO AND THREE SEX

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

                                                           LBD05583-16-0

S. 2490--E                          2

OFFENDERS WITH A HOME ADDRESS AND/OR EXPECTED PLACE OF  DOMICILE  WITHIN
THE  CORRESPONDING MUNICIPALITY.   THE DIVISION MAY PROMULGATE RULES AND
REGULATIONS RELATING TO PROCEDURES FOR THE RELEASE OF INFORMATION IN THE
REGISTRY TO SUCH AUTHORITIES.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.