Assembly Bill A7047

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

                                  7047

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M.  of A. BALL -- Multi-Sponsored by -- M. of A. MENG --
  read once and referred to the Committee on Correction

AN ACT to amend the correction law, in relation to notification  of  the
  relocation of a sex offender

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

  Section 1. Section 168-c of the correction law, as amended by  chapter
11  of  the  laws  of 2002, subdivision 4 as added by chapter 410 of the
laws of 2004, is amended to read as follows:
  S 168-c. Sex offender; relocation; notification. 1. In the case of any
sex offender, it shall be the duty of the department, hospital or  local
correctional facility at least ten calendar days prior to the release or
discharge  of any sex offender from a correctional facility, hospital or
local correctional facility to notify the division of  the  contemplated
release  or  discharge  of  such sex offender, informing the division in
writing on a form provided by the division  indicating  the  address  at
which  he  or  she  proposes  to  reside and the name and address of any
institution of higher education  at  which  he  or  she  expects  to  be
enrolled,  attending  or  employed, whether for compensation or not, and
whether he or she resides in or will reside in a facility owned or oper-
ated by such institution. If such sex offender changes his or her  place
of  residence  while on parole, such notification of the change of resi-
dence shall be sent by the sex offender's parole officer [within  forty-
eight hours] IMMEDIATELY to the division on a form provided by the divi-
sion.  If such sex offender changes the status of his or her enrollment,
attendance, employment or residence at any institution of higher  educa-
tion while on parole, such notification of the change of status shall be
sent  by  the  sex  offender's parole officer [within forty-eight hours]
IMMEDIATELY to the division on a form provided by the division.
  2. In the case of any sex offender on probation, it shall be the  duty
of  the  sex offender's probation officer to notify the division [within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06001-01-9
              

A. 7047                             2

forty-eight hours] IMMEDIATELY of the new place of residence on  a  form
provided by the division. If such sex offender changes the status of his
or  her  enrollment, attendance, employment or residence at any institu-
tion  of  higher  education while on probation, such notification of the
change of status shall be sent by the sex offender's  probation  officer
[within  forty-eight  hours]  IMMEDIATELY  to  the  division  on  a form
provided by the division.
  3. In the case in which any sex offender escapes from a state or local
correctional facility or hospital, the designated official of the facil-
ity or hospital where the person was confined shall notify [within twen-
ty-four hours] IMMEDIATELY the law enforcement agency having had  juris-
diction  at  the  time  of  his  or  her  conviction, informing such law
enforcement agency of the name  and  aliases  of  the  person,  and  the
address at which he or she resided at the time of his or her conviction,
the  amount of time remaining to be served, if any, on the full term for
which he or she was sentenced, and the nature of the crime for which  he
or  she  was sentenced, transmitting at the same time a copy of such sex
offender's fingerprints and photograph and a summary of his or her crim-
inal record.
  4. The division shall provide  general  information,  in  registration
materials and annual correspondence, to registrants concerning notifica-
tion  and  registration  procedures  that may apply if the registrant is
authorized to relocate and relocates to another state or  United  States
possession, or commences employment or attendance at an education insti-
tution  in  another  state or United States possession. Such information
shall include addresses and telephone numbers for relevant agencies from
which additional information may be obtained.
  S 2. This act shall take effect immediately.