NY State Senate Bill 2009-S1488

Senate Bill S1488

2009-2010 Legislative Session

Expands the amount of information available about registered sex offenders on the division of criminal justice services website

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to crime victims, crime and correction
Feb 02, 2009	referred to crime victims, crime and correction

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2009-S1488 (ACTIVE) - Details

See Assembly Version of this Bill:: A3793
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-l & 168-q, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2005, A4871
2013-2014: S2017, A2649
2015-2016: S4776, A6019
2017-2018: S962, A5113
2019-2020: S3029, A872

2009-S1488 (ACTIVE) - Summary

Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders; authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code.

2009-S1488 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1488

 TITLE OF BILL :
An act to amend the correction law, in relation to the registration of
sex offenders


 PURPOSE :
To make information about all registered sex offenders available on
the Division of Criminal Justice Services home page and to provide for
registration of automatic e-mail notification when a sex offender
moves into a resident's zip code.

 SUMMARY OF PROVISIONS :
Section one of the bill amends subdivision 6 of section 168-b of the
Correction Law to change the reference to the subdirectory to a
reference to the directory of sex offenders.

Section two of the bill amends paragraphs a, b and c of subdivision 6
of section 168-1 of the Correction Law to describe what information
about a sex offender is available on the Division homepage depending
on whether the offender has been designated a level one, two or three
risk.

Section three of the bill amends section 168-q of the Correction Law
to change the title of the subdirectory to the Directory of Sex

Offenders and to authorize certain information about level one sex
offenders to be made available on the Division homepage in addition to
the current information which is made available on level two and three
sex offenders. Also provides that DCJS shall provide on its Internet
home page a means for a person to register to receive notice bye-mail
whenever a sex offender moves into their zip code.

Section four of the bill provides that it takes effect 180 days after
it becomes law.

 EXISTING LAW :
Currently, the Sex Offender Registration Act does not require all sex
offenders to be accessible on the DCJS directory web-site. In
addition, the Division must maintain a subdirectory of Sex Offenders
which is distributed to all local law enforcement agencies monthly in
addition to being maintained on the Division home page. In order to
view the subdirectory, a person must provide his or her name in
writing.

 JUSTIFICATION :
In New York State, a sex offender remains on the Sex Offender Registry
for at least twenty years. Many offenders are required to register for
life. A subdirectory of Sex Offenders is maintained on the Division of
Criminal Justice Services homepage.  While this subdirectory provides
valuable information concerning those offenders who have been
determined to pose a moderate or high risk, no similar information is
provided about offenders found to pose a low risk of reoffense. A
person must call the 800 number operated by the Division or be
notified by a local law enforcement agency to learn of low risk
offenders in the community.

To use the 800 number, the caller must have the sex offender's name
and either the offender's exact address, date of birth, social
security number or driver's license number. There is no fee for the
800 number. The 800 number has proved to be a useful screening tool
for certain business and volunteer agencies, however, it is not as
useful for a person who wishes to know who may pose a threat to the
community but does not know the specific identifying information
required for an 800 number search.  Making information about all
registered sex offenders, based upon risk level, available on the
Division home page will expand the utility of the Registry and enhance
the safety of New York's most vulnerable citizens. Individuals and
organizations who need access to Registry information will be able to
obtain such information from any computer with access to the Internet
without charge at a convenient time and will no longer be limited to
calling the 800 number. In addition, by providing a mechanism whereby
residents may register with DCJS to receive automatic e-mail
notifications whenever an offender moves into their zip code will give
individuals the peace of mind that they will be timely notified
whenever there is an individual who may pose a risk living nearby.
Furthermore, it takes away the burden of having to check the registry
all the time to look for new offenders living in the community.

Currently, a local law enforcement agency is required, by statute, to
provide public access to the subdirectory. Agencies accomplish this by
providing a requestor with the use of a computer to view the
subdirectory on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement
agencies will have little or no impact on the public. A number of law
enforcement agencies have reported that the subdirectory is rarely, if
ever, accessed by the public. While the public does not access the
subdirectory at a police station very often, the subdirectory
maintained on the home page is one of the most frequently visited
sites on the Division home page. In December 2006, the subdirectory
received 2,113,371 hits. Accessing the subdirectory at a law
enforcement agency is a cumbersome task. A person wishing to view the
subdirectory at a police station must ascertain the location and time
that it is available for viewing. In many cases the viewing times are
limited.

Further, many citizens may not feel comfortable requesting access at a
police station. In contrast, the directory maintained on the Division
home page is accessible 24 hours a day from the privacy of home.
Individuals who do not have home access to the Internet may access the
directory at a public library at no charge or any business which
furnishes Internet access for a fee. Moreover, any individual who
accesses the directory from the Internet may print the results of the
search. Printing is often not an option when viewing the subdirectory
at a police station.

 LEGISLATIVE HISTORY :
2007/2008 - S.3713/A.8438 Passed Senate, Assembly Correction
2005/2006 - S.496-B Passed Senate/Assembly Correction
2003/2004 - Similar to S.4007-A Passed Senate/Assembly Correction

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
180 days after the bill becomes law.

2009-S1488 (ACTIVE) - Bill Text download pdf

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

                                  1488

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced   by  Sens.  SKELOS,  ALESI,  BONACIC,  DeFRANCISCO,  FARLEY,
  FUSCHILLO, GOLDEN, GRIFFO, HANNON, LANZA,  LAVALLE,  LEIBELL,  LITTLE,
  MARCELLINO, MAZIARZ, MORAHAN, SALAND, VOLKER, WINNER -- 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 the  registration  of
  sex offenders

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

  Section 1. Subdivision 6 of section 168-b of the  correction  law,  as
amended  by  chapter  106  of  the  laws  of 2006, is amended to read as
follows:
  6. The division shall also establish a [subdirectory] DIRECTORY pursu-
ant to section one hundred sixty-eight-q of this article.
  S 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraphs (a) and (b) as amended by chapter 106  of
the laws of 2006 and paragraph (c) as separately amended by chapters 318
and 680 of the laws of 2005, are amended to read as follows:
  (a)  If  the  risk  of  repeat offense is low, a level one 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  may
include  a  photograph  and  description  of  the offender and which may
include the name of the sex offender, approximate address based  on  sex
offender's  zip  code,  background  information including the offender's
crime of conviction, modus 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 commit-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03414-01-9

S. 1488                             2

ted  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 EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
DER,  A  PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON
THE SEX OFFENDER'S ZIP CODE SHALL ALSO  BE  PROVIDED  IN  THE  DIRECTORY
ESTABLISHED IN THIS ARTICLE.
  (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]  IN  THIS  PARAGRAPH  shall  also be provided in the
[subdirectory] DIRECTORY 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.
  (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 [here-
in] IN THIS PARAGRAPH shall  also  be  provided  in  the  [subdirectory]
DIRECTORY  established  in  this  article  and notwithstanding any other

S. 1488                             3

provision of law, such information shall, upon request, be  made  avail-
able 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.
  S  3.  Section 168-q of the correction law, as added by chapter 192 of
the laws of 1995, the section heading and subdivision 1  as  amended  by
chapter 106 of the laws of 2006, is amended to read as follows:
  S 168-q.  [Subdirectory] DIRECTORY; internet posting.  1. The division
shall  maintain a [subdirectory of level two and three] DIRECTORY OF sex
offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
  (A) IN THE CASE OF A SEX OFFENDER WHO  HAS  BEEN  GIVEN  A  LEVEL  ONE
DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
PHOTOGRAPH  OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE SEX
OFFENDER'S ZIP CODE.
  (B) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A  LEVEL  TWO  OR
THREE  DESIGNATION,  THE  DIRECTORY  shall  include  the  exact address,
address of the offender's place of employment and photograph of the  sex
offender along with the following information, if available: name, phys-
ical  description,  age and distinctive markings. Background information
including the sex offender's crime of conviction,  modus  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 a description of special conditions imposed on
the sex offender shall also be included. [The  subdirectory  shall  have
sex  offender listings categorized by county and zip code. A copy of the
subdirectory shall annually be  distributed  to  the  offices  of  local
village,  town,  city,  county  or  state  law  enforcement agencies for
purposes of public access. The division shall distribute monthly updates
to the offices of  local  village,  town,  city,  county  or  state  law
enforcement agencies for purposes of public access. Such departments]
  (C)  THE  DIVISION  shall  require  that a person [in writing] provide
[their] HIS OR HER name and address prior to viewing the  [subdirectory]
DIRECTORY.  Any  information identifying the victim by name, birth date,
address or relation to the sex  offender  shall  be  excluded  from  the
[subdirectory distributed for purposes of public access. The subdirecto-
ry  provided  for  herein shall be updated monthly to maintain its effi-
ciency and usefulness and shall be computer accessible. Such subdirecto-
ry shall be made available at all times on the internet via the division
homepage] DIRECTORY.
  (D) THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS  FOR
ANY  PERSON  TO  REGISTER  TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC
MAIL ADDRESS OF ALL SEX OFFENDERS WHO  RESIDE  OR  MOVE  INTO  THE  AREA
ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
NOTICE  BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO THIS
PARAGRAPH OF EVERY SEX OFFENDER RESIDING IN AND OF  EVERY  SEX  OFFENDER
WHO  MOVES  INTO  THE  PERSON'S  ZIP CODE. SUCH NOTICE SHALL INCLUDE ALL

S. 1488                             4

INFORMATION AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER  PURSU-
ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
  2.  Any person who uses information disclosed pursuant to this section
in violation of the law shall in addition to any other penalty  or  fine
imposed,  be subject to a fine of not less than five hundred dollars and
not more than one thousand dollars. [Unauthorized removal or duplication
of the subdirectory from the offices of local, village  or  city  police
department  shall  be  punishable  by  a fine not to exceed one thousand
dollars.] In addition, the attorney general, any district  attorney,  or
any person aggrieved is authorized to bring a civil action in the appro-
priate  court requesting preventive relief, including an application for
a permanent or temporary injunction, restraining order, or  other  order
against  the person or group of persons responsible for such action. The
foregoing remedies shall be independent of any other remedies or  proce-
dures that may be available to an aggrieved party under other provisions
of law.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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