S T A T E O F N E W Y O R K
________________________________________________________________________
2284
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
___________
Introduced by M. of A. ENGLEBRIGHT, MOYA -- 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.
LBD06793-01-5
A. 2284 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.