S T A T E O F N E W Y O R K
________________________________________________________________________
3846
2011-2012 Regular Sessions
I N A S S E M B L Y
January 28, 2011
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Correction
AN ACT to amend the correction law, in relation to requiring monthly
reports on community notification related to sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of
the correction law, paragraph (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:
(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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00182-01-1
A. 3846 2
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.
SUCH LAW ENFORCEMENT AGENCIES SHALL GENERATE A MONTHLY REPORT WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC, IDENTIFYING THE COMMUNITY NOTIFI-
CATION PROCEDURES IMPLEMENTED FOR EACH OFFENDER. SUCH REPORT SHALL BE
AVAILABLE TO THE PUBLIC UPON REQUEST. SUCH REPORT SHALL BE UPDATED
MONTHLY. SUCH REPORT WILL INCLUDE A LISTING OF EACH VULNERABLE ENTITY
NOTIFICATION MADE, EXCLUDING THE VICTIM AND INDIVIDUAL RESIDENTS.
(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
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 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.
SUCH LAW ENFORCEMENT AGENCIES SHALL GENERATE A MONTHLY REPORT WHICH
SHALL BE MADE AVAILABLE TO THE PUBLIC, IDENTIFYING THE COMMUNITY NOTIFI-
CATION PROCEDURES IMPLEMENTED FOR EACH OFFENDER. SUCH REPORT SHALL BE
AVAILABLE TO THE PUBLIC UPON REQUEST. SUCH REPORT SHALL BE UPDATED
MONTHLY. SUCH REPORT WILL INCLUDE A LISTING OF EACH VULNERABLE ENTITY
NOTIFICATION MADE, EXCLUDING THE VICTIM AND INDIVIDUAL RESIDENTS.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.