Senate Bill S4017

                                 BILL NUMBER:  S4017

 TITLE OF BILL :
An act to amend the correction law, in relation to the sex offender
registration act and prohibiting the release of level one sex
offenders over the internet to the general public


This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Criminal Law and Procedure.

This measure would amend the Correction Law to expressly clarify that
the Sex Offender Registration Act ("SORA") prohibits law enforcement
agencies from releasing certain information about level one sex
offenders to the general public over the Internet.

Under SORA, the risk level assigned to the offender determines the
breadth of dissemination of information regarding the offender to the
public and law enforcement agencies. When the law was first enacted, a
level one designation limited notification solely to law enforcement
agencies; thus, no information was disseminated to the public.  The
law was modified in 2006, however, and now permits law enforcement to
disseminate information regarding the offender "to any entity with
vulnerable populations related to the nature of the offense committed
by such sex offender" (Correction Law § 1681(6)(a)).
              

The law does not expressly define an "entity with vulnerable
populations" but elsewhere in the statute the phrase is limited to
"organizational entities." As provided in Correction Law § 168-1:

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,
superintendents 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 associations, nursing homes, victim's advocacy groups and places
of worship (Correction Law §168-1(6)(b)).

It has been reported that some law enforcement agencies in New York
State interpret the 2006 statute to permit dissemination of
information to "vulnerable populations" by posting information on a
website open to the general public. The Department of Criminal Justice
Services has not opposed this position. We believe that this
interpretation is plainly at odds with the statute and should be
corrected. This measure provides necessary clarification in this area
by tasking the Division of Criminal Justice Services with insuring
that dissemination of relevant information is appropriately limited.

This measure, which would have no meaningful fiscal impact on the
State, would take effect on the first day of November next succeeding
the date on which it shall have become a law.

 2008 LEGISLATIVE HISTORY :

None. New proposal.