S T A T E O F N E W Y O R K
________________________________________________________________________
749
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. RABBITT, KOLB, FINCH, McDONOUGH, McKEVITT, MOLI-
NARO -- Multi-Sponsored by -- M. of A. CALHOUN, CROUCH -- read once
and referred to the Committee on Correction
AN ACT to amend the correction law, the criminal procedure law and the
family court act, in relation to requiring persons adjudicated as
juvenile delinquents, juvenile offenders and youthful offenders for
sex offenses to register as sex offenders
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 168-a of the correction law is amended by adding
two new subdivisions 19 and 20 to read as follows:
19. "CONVICTION" INCLUDES (A) ANY ADJUDICATION OF A PERSON THIRTEEN,
FOURTEEN OR FIFTEEN YEARS OF AGE AS A JUVENILE DELINQUENT FOR THE
COMMISSION OF AN ACT THAT, IF COMMITTED BY AN ADULT, WOULD BE A SEX
OFFENSE OR A SEXUALLY VIOLENT OFFENSE, NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW; (B) ANY CONVICTION OF A JUVENILE OFFENDER FOR A SEX
OFFENSE OR A SEXUALLY VIOLENT OFFENSE, NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW; AND (C) ANY YOUTHFUL OFFENDER FINDING THAT IS SUBSTI-
TUTED FOR A CONVICTION OF AN ACT THAT IS A SEX OFFENSE OR A SEXUALLY
VIOLENT OFFENSE, NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW.
20. "FACILITY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES" MEANS ANY
FACILITY REFERRED TO IN SECTION FIVE HUNDRED FOUR OR FIVE HUNDRED FOUR-A
OF THE EXECUTIVE LAW.
S 2. Subdivision 1 of section 168-c of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
1. In the case of any sex offender, it shall be the duty of the
department, hospital, FACILITY OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01620-01-1
A. 749 2
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 operated by such institution. If such sex offender changes his
or her place of residence while on parole, such notification of the
change of residence shall be sent by the sex offender's parole officer
within forty-eight hours 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 to
the division on a form provided by the division.
S 3. Subdivision 1 of section 168-e of the correction law, as amended
by chapter 11 of the laws of 2002, is amended to read as follows:
1. Any sex offender, to be discharged, paroled, released to post-re-
lease supervision or released from any state or local correctional
facility, hospital, FACILITY OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES or institution where he or she was confined [or], committed OR
PLACED, shall at least fifteen calendar days prior to discharge, parole
or release, be informed of his or her duty to register under this arti-
cle, by the facility in which he or she was confined or committed. The
facility shall require the sex offender to read and sign such form as
may be required by the division stating the duty to register and the
procedure for registration has been explained to him or her and to
complete the registration portion of such form. The facility shall
obtain on such form the address where the sex offender expects to reside
upon his or her discharge, parole or release and the name and address of
any institution of higher education he or she expects to be employed by,
enrolled in, attending or employed, whether for compensation or not, and
whether he or she expects to reside in a facility owned or operated by
such an institution, and shall report such information to the division.
The facility shall give one copy of the form to the sex offender, retain
one copy and shall send one copy to the division which shall provide the
information to the law enforcement agencies having jurisdiction. The
facility shall give the sex offender a form prepared by the division, to
register with the division at least fifteen calendar days prior to
release and such form shall be completed, signed by the sex offender and
sent to the division by the facility at least ten days prior to the sex
offender's release or discharge.
S 4. Subdivision 1 of section 168-f of the correction law, as amended
by chapter 453 of the laws of 1999, is amended to read as follows:
1. Any sex offender shall, (a) at least ten calendar days prior to
discharge, parole, release to post-release supervision or release from
any state or local correctional facility, hospital, FACILITY OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES or institution where he or she
was confined or committed, or, (b) at the time sentence is imposed for
any sex offender released on probation or discharged upon payment of a
fine, conditional discharge or unconditional discharge, register with
the division on a form prepared by the division.
S 5. Section 720.35 of the criminal procedure law, as added by chapter
981 of the laws of 1971, subdivision 1 as amended by chapter 452 of the
laws of 1992, subdivision 2 as amended by chapter 412 of the laws of
2001, subdivision 3 as added by chapter 181 of the laws of 2000 and
A. 749 3
subdivision 4 as added by chapter 7 of the laws of 2007, is amended to
read as follows:
S 720.35 Youthful offender adjudication; effect thereof; records.
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disquali-
fication of any person so adjudged to hold public office or public
employment or to receive any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred fifty-nine-m of the
executive law AND ARTICLE SIX-C OF THE CORRECTION LAW.
2. Except where specifically required or permitted by statute or upon
specific authorization of the court, all official records and papers,
whether on file with the court, a police agency or the division of crim-
inal justice services, relating to a case involving a youth who has been
adjudicated a youthful offender, are confidential and may not be made
available to any person or public or private agency, other than the
designated educational official of the public or private elementary or
secondary school in which the youth is enrolled as a student provided
that such local educational official shall only have made available a
notice of such adjudication and shall not have access to any other offi-
cial records and papers, such youth or such youth's designated agent
(but only where the official records and papers sought are on file with
a court and request therefor is made to that court or to a clerk there-
of), an institution to which such youth has been committed, the division
of parole and a probation department of this state that requires such
official records and papers for the purpose of carrying out duties
specifically authorized by law; provided, however, that information
regarding an order of protection or temporary order of protection issued
pursuant to section 530.12 of this chapter or a warrant issued in
connection therewith may be maintained on the statewide automated order
of protection and warrant registry established pursuant to section two
hundred twenty-one-a of the executive law during the period that such
order of protection or temporary order of protection is in full force
and effect or during which such warrant may be executed. Such confiden-
tial information may be made available pursuant to law only for purposes
of adjudicating or enforcing such order of protection or temporary order
of protection and, where provided to a designated educational official,
as defined in section 380.90 of this chapter, for purposes related to
the execution of the student's educational plan, where applicable,
successful school adjustment and reentry into the community. Such
notification shall be kept separate and apart from such student's school
records and shall be accessible only by the designated educational offi-
cial. Such notification shall not be part of such student's permanent
school record and shall not be appended to or included in any documenta-
tion regarding such student and shall be destroyed at such time as such
student is no longer enrolled in the school district. At no time shall
such notification be used for any purpose other than those specified in
this subdivision. IN THE CASE OF A YOUTHFUL OFFENDER FINDING THAT IS
SUBJECT TO THE PROVISIONS OF ARTICLE SIX-C OF THE CORRECTION LAW, THE
PROVISIONS OF THIS SUBDIVISION ARE SUPERSEDED TO THE EXTENT NECESSARY TO
IMPLEMENT THE PROVISIONS OF SUCH ARTICLE.
3. If a youth who has been adjudicated a youthful offender is enrolled
as a student in a public or private elementary or secondary school the
court that has adjudicated the youth as a youthful offender shall
provide notification of such adjudication to the designated educational
official of the school in which such youth is enrolled as a student.
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Such notification shall be used by the designated educational official
only for purposes related to the execution of the student's educational
plan, where applicable, successful school adjustment and reentry into
the community. Such notification shall be kept separate and apart from
such student's school records and shall be accessible only by the desig-
nated educational official. Such notification shall not be part of such
student's permanent school record and shall not be appended to or
included in any documentation regarding such student and shall be
destroyed at such time as such student is no longer enrolled in the
school district. At no time shall such notification be used for any
purpose other than those specified in this subdivision. IN THE CASE OF
A YOUTHFUL OFFENDER FINDING THAT IS SUBJECT TO THE PROVISIONS OF ARTICLE
SIX-C OF THE CORRECTION LAW, THE PROVISIONS OF THIS SUBDIVISION ARE
SUPERSEDED TO THE EXTENT NECESSARY TO IMPLEMENT THE PROVISIONS OF SUCH
ARTICLE.
4. Notwithstanding subdivision two of this section, whenever a person
is adjudicated a youthful offender and the conviction that was vacated
and replaced by the youthful offender finding was for a sex offense as
that term is defined in article ten of the mental hygiene law, all
records pertaining to the youthful offender adjudication shall be
included in those records and reports that may be obtained by the
commissioner of mental health or the commissioner of mental retardation
and developmental disabilities, as appropriate; the case review panel;
and the attorney general pursuant to section 10.05 of the mental hygiene
law.
S 6. Section 380.1 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 3 as amended by chapter 181 of the laws of
2000 and subdivision 4 as added by chapter 7 of the laws of 2007, is
amended to read as follows:
S 380.1. Nature and effect of adjudication. 1. No adjudication under
this article may be denominated a conviction and no person adjudicated a
juvenile delinquent shall be denominated a criminal by reason of such
adjudication BUT SHALL BE DEEMED A CONVICTION ONLY FOR THE PURPOSES OF
ARTICLE SIX-C OF THE CORRECTION LAW.
2. No adjudication under this article shall operate as a forfeiture of
any right or privilege or disqualify any person from holding any public
office or receiving any license granted by public authority. Such adju-
dication shall not operate as a disqualification of any person to pursue
or engage in any lawful activity, occupation, profession or calling.
3. Except where specifically required by statute, no person shall be
required to divulge information pertaining to the arrest of the respond-
ent or any subsequent proceeding under this article; provided, however,
whenever a person adjudicated a juvenile delinquent has been placed with
the office of children and family services pursuant to section 353.3 of
this article, and is thereafter enrolled as a student in a public or
private elementary or secondary school, the court that has adjudicated
such person shall provide notification of such adjudication to the
designated educational official of the school in which such person is
enrolled as a student. Such notification shall be used by the designated
educational official only for purposes related to the execution of the
student's educational plan, where applicable, successful school adjust-
ment and reentry into the community. Such notification shall be kept
separate and apart from such student's school records and shall be
accessible only by the designated educational official. Such notifica-
tion shall not be part of such student's permanent school record and
shall not be appended to or included in any documentation regarding such
A. 749 5
student and shall be destroyed at such time as such student is no longer
enrolled in the school district. At no time shall such notification be
used for any purpose other than those specified in this subdivision. IN
THE CASE OF A JUVENILE DELINQUENCY ADJUDICATION THAT IS SUBJECT TO THE
PROVISIONS OF ARTICLE SIX-C OF THE CORRECTION LAW, THE PROVISIONS OF
THIS SUBDIVISION ARE SUPERSEDED TO THE EXTENT NECESSARY TO IMPLEMENT THE
PROVISIONS OF SUCH ARTICLE.
4. Notwithstanding any other provision of law, where a finding of
juvenile delinquency has been entered, upon request, the records
pertaining to such case shall be made available to the commissioner of
mental health or the commissioner of mental retardation and develop-
mental disabilities, as appropriate; the case review panel; and the
attorney general pursuant to section 10.05 of the mental hygiene law.
S 7. This act shall take effect immediately and shall apply to persons
convicted of or adjudicated for a sex offense or a sexually violent
offense prior to the effective date of this act who, on such effective
date, have not completed service of the sentence or adjudication imposed
therefor in its entirety.