Senate Bill S976

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

                                   976

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 informing members of
  the community with regard to the presence of a convicted sex  offender
  within their community

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

  Section 1. Paragraphs (a), (b) and (c) of  subdivision  6  of  section
168-l  of the correction law, paragraphs (a) and (b) as amended by chap-
ter 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-
ted by such sex offender. Any entity  receiving  information  on  a  sex
offender  may  disclose  or  further disseminate such information at its
discretion.
  SUCH LAW ENFORCEMENT AGENCIES SHALL COMPILE,  MAINTAIN  AND  UPDATE  A
LISTING  OF  VULNERABLE ORGANIZATIONAL ENTITIES WITHIN ITS JURISDICTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06556-01-9
              

S. 976                              2

SUCH LISTING SHALL BE UTILIZED FOR NOTIFICATION OF SUCH ORGANIZATIONS IN
DISSEMINATING SUCH  INFORMATION  ON  LEVEL  ONE  SEX  OFFENDERS,  WITHIN
FORTY-EIGHT  HOURS,  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.
  (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 shall also be provided in the subdirectory  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,  WITHIN
FORTY-EIGHT  HOURS,  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.
  (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 herein

S. 976                              3

shall also be provided in the subdirectory 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  three sex offenders, WITHIN
FORTY-EIGHT HOURS,  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.
  S 2. This act shall take effect on the first of November next succeed-
ing the date upon which it shall have become a law;  provided,  however,
that effective immediately, the addition, amendment and/or repeal of any
rule  or  regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and  completed  on
or before such effective date.