Senate Bill S2604

2009-2010 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 26, 2010	reported and committed to codes
Jan 06, 2010	referred to crime victims, crime and correction
Feb 25, 2009	referred to crime victims, crime and correction

Votes

- Apr 26, 2010 - Crime Victims, Crime And Correction Committee Vote
  S2604
  
  Aye
  
  11
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Crime Victims, Crime And Correction Committee Vote: Apr 26, 2010
      
      aye (11)
      
      Aubertine
      
      Breslin
      
      Golden
      
      Kruger
      
      Little
      
      Maziarz
      
      Nozzolio
      
      Sampson
      
      Serrano
      
      Volker
      
      Winner
      
      nay (1)
      
      Montgomery
      
      aye wr (2)
      
      Duane
      
      Hassell-Thompson

co-Sponsors

View additional co-sponsors

2009-S2604 (ACTIVE) - Details

See Assembly Version of this Bill:: A841
Current Committee:: Senate Codes
Law Section:: Correction Law
Laws Affected:: Amd §168-f, Cor L
Versions Introduced in 2011-2012 Legislative Session:: S2595, A424

2009-S2604 (ACTIVE) - 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.

2009-S2604 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2604

 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 :

2008: S.5570A Senate Crime Victims, Crime and Correction Cmte./A.1179A
Passed Assembly
2007: S.5570A Senate Rules Cmte./A.1179A Passed Assembly
2005-2006: A.7707 Passed Assembly
2003-2004: 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.

2009-S2604 (ACTIVE) - Bill Text download pdf

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

                                  2604

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN, ALESI, LARKIN, LIBOUS, MORAHAN, ROBACH,
  SEWARD, YOUNG -- 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.
                                                           LBD02176-01-9

S. 2604                             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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Senate Bill S2604

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Apr 26, 2010 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Apr 26, 2010

co-Sponsors

2009-S2604 (ACTIVE) - Details

2009-S2604 (ACTIVE) - Summary

2009-S2604 (ACTIVE) - Sponsor Memo

2009-S2604 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

co-Sponsors

2009-S2604 (ACTIVE) - Details

2009-S2604 (ACTIVE) - Summary

2009-S2604 (ACTIVE) - Sponsor Memo

2009-S2604 (ACTIVE) - Bill Text download pdf

Comments