Senate Bill S5265

2013-2014 Legislative Session

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to crime victims, crime and correction
May 15, 2013	referred to crime victims, crime and correction

2013-S5265 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-c, 168-e, 168-f & 168-k, Cor L

2013-S5265 (ACTIVE) - Summary

Shortens the periods within which sex offenders must appear to have a photograph taken and provide notice of changes of address, internet accounts, and enrollment, employment or residence at institution of higher education; provides for earlier notice to the division of criminal justice services of the release of a sex offender from custody.

2013-S5265 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5265

TITLE OF BILL:  An act to amend the correction law, in relation to
shortening the periods of time within which sex offenders must appear
for a photograph, and register changes of address, internet accounts,
and enrollment, attendance, employment or residence at an institution
of higher education

PURPOSE: To reduce the period of time when a convicted sex offender is
required to provide an updated photograph and personal contact
information as well as changes of enrollment and/or employment at a
higher education institution,

SUMMARY OF PROVISIONS:

Section 1. Amends section 168-c of the correction law as amended by
chapter 11 of the laws of 2002 to extend under current law the amount
of time a correctional facility is required to notify the division of
a contemplated release of a sex offender from 10 calendar days to 30
calendar days.

Section 2,. Amends section 168-e of the correction law as amended by
chapter 11 of the laws of 2002 to extend under current law the amount
of time a convicted sex offender is to be notified by a facility of
confinement or commitment of his/her duty to register as a sex
offender from fifteen calendar days to thirty-five calendar days prior

to any discharge, parole, release to port-release supervision, or
release from a state or local correctional facility, hospital or
institution of confinement or commitment.

Section 3. Amends paragraphs (b-2), (b-3) and (c-1) of subdivision 2
of section 168-f of the correction law as added by section 2 of part O
of chapter 56 of the laws of 2005 to require that a convicted sex
offender:

* given a level three designation, to personally appear at the law
enforcement agency having jurisdiction within ten days of the first
anniversary of registering for the purpose of providing a current
photograph instead of 20 days.

* given a level one or two designation, to personally appear at the
law enforcement agency having jurisdiction within ten days of the
third anniversary of registering for the purpose of providing a
photograph instead of 20 days,

* be in violation of this section of law if he/she fails to personally
appear before the law enforcement agency within the ten days of the
anniversary of the initial registration.

Section 4. Amends section 168-f of the correction law as amended by
chapter 67 of the laws of 2008 to reduce the time under current law
from 10 days to 5 days that a convicted sex offender can register a
change of address, internet information and attendance, employment or
residence at a higher education institution; as well as chapter 11 of
the laws of 2002 to reduce the time under current law that a
nonresident worker or nonresident employee that is a convicted sex
offender can register a change of address, internet information and


attendance or employment at a higher education institution from 10
days to 5 days.

Section 5. Amends section 168-k of the correction law as amended by
chapter 146 of the laws of 2004 to reduce the amount of time under
current law from 10 days to 5 days that a convicted sex offender who
has established residence in this state is required to notify the
division of this change

JUSTIFICATION: It is of the utmost importance that local law
enforcement is aware of a sex offender's place of residence at all
times. Under current law a sex offender has too much of a grace period
to notify law enforcement of changes in address, employment, internet
activity, providing updated photographs, etc. This bill decreases the
amount of time the sex offender has to make these notifications to law
enforcement. Therefore, creating less time such offender is in a
location either living or working unbeknownst to law enforcement. In
addition, this legislation also increases the time that is given to a
sex offender of their notice to register as a sex offender upon
release of their confinement or commitment so that they have ample
time to make arrangements for where they will be residing and to what
law enforcement agency they will be appearing before for notification
purposes. Having additional time while still confined or committed to
understand their registration requirements and make such arrangements
for doing so once released will allow for a less rushed transition for
the offender and any involved law enforcement entities.

LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it becomes a law

2013-S5265 (ACTIVE) - Bill Text download pdf

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

                                  5265

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by  Sen.  GRIFFO -- 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 shortening the peri-
  ods of time within which sex offenders must appear for  a  photograph,
  and  register  changes  of address, internet accounts, and enrollment,
  attendance, employment or residence at an institution of higher educa-
  tion

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

  Section  1.   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 or local correctional facility at least [ten] THIR-
TY 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 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 division. If such sex offender changes the  status  of  his  or  her
enrollment,  attendance,  employment  or residence at any institution of
higher education while on parole, such notification  of  the  change  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10890-02-3

S. 5265                             2

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  2. 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 or institution  where  he  or  she  was  confined  or
committed,  shall  at least [fifteen] THIRTY-FIVE calendar days prior to
discharge, parole or release, be informed of his or her duty to register
under this article, 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  regis-
ter  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  compen-
sation  or  not,  and  whether he or she expects to reside in a facility
owned or operated by such an institution, and shall report such informa-
tion 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 divi-
sion 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] THIRTY-FIVE 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] THIRTY days prior to the sex offender's  release
or discharge.
  S  3.    Paragraphs (b-2), (b-3) and (c-1) of subdivision 2 of section
168-f of the correction law, as added by section 2 of part O of  chapter
56 of the laws of 2005, are amended to read as follows:
  (b-2) If the sex offender has been given a level three designation, he
or  she  shall  personally  appear  at the law enforcement agency having
jurisdiction within [twenty] TEN days of the first  anniversary  of  the
sex offender's initial registration and every year thereafter during the
period of registration for the purpose of providing a current photograph
of  such  offender. The law enforcement agency having jurisdiction shall
photograph the sex offender and shall promptly forward a  copy  of  such
photograph  to the division. For purposes of this paragraph, if such sex
offender is confined in a state  or  local  correctional  facility,  the
local  law  enforcement  agency having jurisdiction shall be the warden,
superintendent, sheriff or other person in charge of the state or  local
correctional facility.
  (b-3)  If  the  sex  offender  has been given a level one or level two
designation, he or she shall personally appear at  the  law  enforcement
agency  having  jurisdiction within [twenty] TEN days of the third anni-
versary of the sex offender's initial registration and every three years
thereafter during the period of registration for the purpose of  provid-
ing  a  current  photograph of such offender. The law enforcement agency
having jurisdiction shall photograph the sex offender and shall promptly
forward a copy of such photograph to the division. For purposes of  this
paragraph,  if such sex offender is confined in a state or local correc-
tional facility, the local law enforcement  agency  having  jurisdiction
shall  be  the warden, superintendent, sheriff or other person in charge
of the state or local correctional facility.

S. 5265                             3

  (c-1) If the sex offender, to whom a notice has  been  mailed  at  the
last  reported  address pursuant to paragraph [b] (B) of subdivision one
of  section  one  hundred  sixty-eight-b  of  this  article,  fails   to
personally  appear at the law enforcement agency having jurisdiction, as
provided  in paragraph (b-2) or (b-3) of this subdivision, within [twen-
ty] TEN days of the anniversary of the sex offender's initial  registra-
tion, or an alternate later date scheduled by the law enforcement agency
having  jurisdiction,  he  or she shall be in violation of this section.
The duty to personally appear  for  such  updated  photograph  shall  be
temporarily  suspended  during  any  period in which the sex offender is
confined in any hospital or institution, and  such  sex  offender  shall
personally  appear for such updated photograph no later than ninety days
after release from such hospital or institution, or an  alternate  later
date scheduled by the law enforcement agency having jurisdiction.
  S  4.  Subdivisions  4  and  6 of section 168-f of the correction law,
subdivision 4 as amended by chapter 67 of the laws of 2008 and  subdivi-
sion  6  as added by chapter 11 of the laws of 2002, are amended to read
as follows:
  4. Any sex offender shall register with the  division  no  later  than
[ten]  FIVE calendar days after any change of address, internet accounts
with internet access providers  belonging  to  such  offender,  internet
identifiers that such offender uses, or his or her status of enrollment,
attendance,  employment or residence at any institution of higher educa-
tion. A fee of ten  dollars,  as  authorized  by  subdivision  eight  of
section one hundred sixty-eight-b of this article, shall be submitted by
the sex offender each time such offender registers any change of address
or any change of his or her status of enrollment, attendance, employment
or  residence  at  any  institution  of higher education. Any failure or
omission to submit the required fee shall not affect the  acceptance  by
the division of the change of address or change of status.
  6. Any nonresident worker or nonresident student, as defined in subdi-
visions  fourteen  and  fifteen  of section one hundred sixty-eight-a of
this article, shall register his or her current address and the  address
of  his  or  her place of employment or educational institution attended
with the division within [ten] FIVE calendar days after such nonresident
worker or nonresident student commences employment or attendance  at  an
educational institution in the state. Any nonresident worker or nonresi-
dent  student  shall  notify  the  division  of any change of residence,
employment or educational institution address no later than  [ten]  FIVE
days  after  such  change. The division shall notify the law enforcement
agency where the nonresident  worker  is  employed  or  the  educational
institution  is located that a nonresident worker or nonresident student
is present in that agency's jurisdiction.
  S 5. Subdivision 1 of section 168-k of the correction law, as  amended
by chapter 146 of the laws of 2004, is amended to read as follows:
  1.  A sex offender who has been convicted of an offense which requires
registration under paragraph (d) of subdivision two or paragraph (b)  of
subdivision  three  of section one hundred sixty-eight-a of this article
shall notify the division of the new address no later  than  [ten]  FIVE
calendar  days  after  such  sex  offender establishes residence in this
state.
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S5265

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2013-S5265 (ACTIVE) - Details

2013-S5265 (ACTIVE) - Summary

2013-S5265 (ACTIVE) - Sponsor Memo

2013-S5265 (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5265

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Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Actions

2013-S5265 (ACTIVE) - Details

2013-S5265 (ACTIVE) - Summary

2013-S5265 (ACTIVE) - Sponsor Memo

2013-S5265 (ACTIVE) - Bill Text download pdf

Comments