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

                                  2435

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  CURRAN,  HOOPER  --  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 513 of the laws
of 2011 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, exact
address,  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 notwith-
standing any other  provision  of  law,  such  information  shall,  upon
request, be made available to the public.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05882-02-3

              

A. 2435                             2

  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.
  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.