S T A T E O F N E W Y O R K
________________________________________________________________________
3669
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. KOON, ALFANO -- read once and referred to the
Committee on Correction
AN ACT to amend the executive law and the correction law, in relation to
authorizing the governor to enter into compacts with other states for
out-of-state sex offender registration
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new article 13-B
to read as follows:
ARTICLE 13-B
OUT-OF-STATE SEX OFFENDER REGISTRATION
SECTION 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER
REGISTRATION.
S 268. COMPACTS WITH OTHER STATES FOR OUT-OF-STATE SEX OFFENDER REGIS-
TRATION. 1. IN FURTHERANCE OF THE PROVISIONS OF SUBDIVISION TWO OF
SECTION ONE HUNDRED SIXTY-EIGHT-B AND SECTION ONE HUNDRED SIXTY-EIGHT-U
OF THE CORRECTION LAW, THE GOVERNOR IS HEREBY AUTHORIZED AND DIRECTED TO
NEGOTIATE AND ENTER INTO A COMPACT ON BEHALF OF THE STATE OF NEW YORK
WITH ANY STATE OF THE UNITED STATES OF AMERICA LEGALLY JOINING THEREIN
IN THE FORM SUBSTANTIALLY AS FOLLOWS:
A COMPACT
ENTERED INTO BY AND AMONG THE CONTRACTING STATES, SIGNATORIES HERETO,
THE CONTRACTING STATES SOLEMNLY AGREE:
(A) THAT IT SHALL BE COMPETENT FOR THE DULY CONSTITUTED JUDICIAL AND
ADMINISTRATIVE AUTHORITIES OF A STATE PARTY TO THIS COMPACT TO MAKE THE
INFORMATION IN SUCH PARTY'S SEX OFFENDER REGISTRY AVAILABLE TO THE
AUTHORITY WHICH MAINTAINS THE SEX OFFENDER REGISTRY OF ANOTHER STATE
PARTY TO THIS COMPACT FOR THE PURPOSE OF SHARING INFORMATION AND MONI-
TORING OR ASCERTAINING THE STATUS OR LOCATION OF ANY SEX OFFENDER OR SEX
OFFENDERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02254-01-9
A. 3669 2
(B) THAT EACH STATE PARTY SHALL IMMEDIATELY PROVIDE NOTICE TO THE
APPROPRIATE AGENCY OF ANOTHER STATE PARTY WHOM SUCH PARTY HAS KNOWLEDGE
THAT A SEX OFFENDER HAS LEFT THE STATE AND THE DESTINATION OF SUCH SEX
OFFENDER, IF KNOWN.
(C) THAT THE DULY ACCREDITED OFFICERS OF A STATE PARTY IN WHICH A SEX
OFFENDER IS REQUIRED TO REGISTER AND/OR VERIFY SUCH REGISTRATION WITH
SUCH STATE'S SEX OFFENDER REGISTRY MAY AT ALL TIMES ENTER ANOTHER STATE
PARTY AND THERE APPREHEND AND RETAKE ANY SUCH SEX OFFENDER WHO FAILS TO
REGISTER AND/OR VERIFY SUCH REGISTRATION WITH THE SEX OFFENDER REGISTRY
OF SUCH OTHER STATE.
(D) THAT THE GOVERNOR OF EACH STATE MAY DESIGNATE AN OFFICER WHO,
ACTING JOINTLY WITH LIKE OFFICERS OF OTHER CONTRACTING STATES, IF AND
WHEN APPOINTED, SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
DEEMED NECESSARY TO MORE EFFECTIVELY CARRY OUT THE TERMS OF THIS
COMPACT.
(E) THAT THIS COMPACT SHALL BECOME OPERATIVE IMMEDIATELY UPON ITS
RATIFICATION BY ANY STATE AS BETWEEN IT AND ANY OTHER STATE OR STATES SO
RATIFYING. WHEN RATIFIED IT SHALL HAVE THE FULL FORCE AND EFFECT OF LAW
WITHIN SUCH STATE, THE FORM OF RATIFICATION TO BE IN ACCORDANCE WITH THE
LAWS OF THE RATIFYING STATE.
(F) THAT THIS COMPACT SHALL CONTINUE IN FORCE AND REMAIN BINDING UPON
EACH RATIFYING STATE UNTIL RENOUNCED BY IT. THE DUTIES AND OBLIGATIONS
HEREUNDER OF A RENOUNCING STATE SHALL CONTINUE AS TO SEX OFFENDERS
RESIDING THEREIN AT THE TIME OF WITHDRAWAL. RENUNCIATION OF THIS COMPACT
SHALL BE BY THE SAME AUTHORITY WHICH RATIFIED IT, BY SENDING SIX MONTHS'
NOTICE IN WRITING OF ITS INTENTION TO WITHDRAW FROM THE COMPACT TO THE
OTHER STATES PARTY HERETO.
2. THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL
HAVE POWER AND SHALL BE CHARGED WITH THE DUTY OF PROMULGATING SUCH RULES
AND REGULATIONS AS MAY BE DEEMED NECESSARY TO CARRY OUT THE TERMS OF A
COMPACT ENTERED INTO BY THE STATE PURSUANT TO THIS SECTION.
3. IF ANY SENTENCE, SUBDIVISION OR CLAUSE OF THIS SECTION IS FOR ANY
REASON HELD INVALID OR TO BE UNCONSTITUTIONAL, SUCH DECISION SHALL NOT
AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
S 2. Paragraph a of subdivision 2 of section 168-b of the correction
law, as amended by chapter 645 of the laws of 2005, is amended to read
as follows:
a. The division is authorized to make the registry available to any
STATE, regional or national registry of sex offenders for the purpose of
sharing information AND MONITORING OR ASCERTAINING THE STATUS AND
LOCATION OF SEX OFFENDERS. The division shall accept files from any
STATE, regional or national registry of sex offenders and shall make
such files available when requested pursuant to the provisions of this
article.
S 3. This act shall take effect immediately.