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
                               ___________

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.