NY State Senate Bill 2017-S3127

Senate Bill S3127

2017-2018 Legislative Session

Expands the amount of information available about registered sex offenders on the division of criminal justice services website

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 25, 2018	reported and committed to finance
Jan 03, 2018	referred to crime victims, crime and correction
Jan 19, 2017	referred to crime victims, crime and correction

Votes

- Apr 25, 2018 - Crime Victims, Crime And Correction Committee Vote
  S3127
  
  10
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Apr 25, 2018
      
      aye (10)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Griffo
      
      Hamilton
      
      Helming
      
      Hoylman-Sigal
      
      Ritchie
      
      Rivera
      
      Tedisco
      
      nay (1)
      
      Montgomery
      
      aye wr (1)
      
      Little

co-Sponsors

2017-S3127 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-l & 168-q, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1976
2013-2014: S557
2015-2016: S2457

2017-S3127 (ACTIVE) - Summary

Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders; authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code.

2017-S3127 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3127

 TITLE OF BILL :

An act to amend the correction law, in relation to the registration of
sex offenders

 PURPOSE :

To make information about all registered sex offenders available on
the Division of Criminal Justice Services home page, and provide for
registration of automatic e-mail notification when offender moves into
a resident's zip code.

 SUMMARY OF PROVISIONS :

Subdivision 6 of section 168-b of the correction law, as amended by
chapter 106 of the laws of 2006 would be amended to change the
reference to the subdirectory to a reference to the directory of sex
offenders.

Section two of the bill amends paragraphs a, b and c of subdivision 6
of section 168-1 of the Correction Law to describe what information
about a sex offender is available on the Division homepage depending
on whether the offender has been designated a level one, two or three
risk.

Section three of the bill amends subdivision I of section 168-q of the
Correction Law to change the title of the subdirectory to the
Directory of Sex Offenders and to authorize certain information about
level one sex offenders to be made available on the Division homepage
in addition to the current information which is made available on
level two and three sex offenders. Also provides that DCJS shall
provide on its inter-net home page a means for a person to register to
receive notice by email whenever a sex offender moves into their zip
code.

 EXISTING LAW :

Currently, the Sex Offender Registration Act does not require all sex
offenders to be accessible on the DCJS directory website. In addition,
the Division must maintain a subdirectory of Sex offenders which is
distributed to all local law enforcement agencies monthly in addition
to being maintained on the Division home page. In order to view the
subdirectory, a person must provide his or her name in writing.

 JUSTIFICATION :

In New York State, a sex offender remains on the Sex Offender Registry
for at least twenty years. Many offenders are required to register for
life. A subdirectory of Sex Offenders is maintained on the Division of
Criminal Justice services homepage. While this subdirectory provides
valuable information concerning those offenders who have been
determined to pose a moderate or high risk, no similar information is
provided about offenders found to pose a low risk of re-offense. A
person must call the 800 number operated by the Division or be
notified by a local law enforcement agency to learn of low risk
offenders in the community.

To use the 800 number, the caller must have the sex offender's name
and either the offender's exact address, date of birth, social
security number or driver's license number. There is no fee for the
800 number. The 800 number has proved to be a useful screening tool
for certain business and volunteer agencies however, it is not as
useful for a person who wishes to know who may pose a threat to the
community but does not know the specific identifying information
required for an 800 number search. Making information about all
registered sex offenders, based upon risk level, available on the
Division home page will expand the utility of the Registry and enhance
the safety of New York's most vulnerable citizens.  Individuals and
organizations who need access to Registry information will be able to
obtain such information from any computer with access to the Internet
without charge at a convenient time and will no longer be limited to
calling the 800 number. In addition, by providing a mechanism whereby
residents may register with DCJS to receive automatic e-mail
notifications whenever an offender moves into their zip code will give
individuals the peace of mind that they will be timely notified
whenever there is an individual who may pose a risk living nearby.
Furthermore, it takes away the burden of having to check the registry
all the time to look for new offenders living in the community.

Currently, a local law enforcement agency is required, by statute, to
provide public access to the subdirectory. Agencies accomplish this by
providing a requestor with the use of a computer to view the
subdirectory on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement
agencies will have little or no impact on the public. A number of law
enforcement agencies have reported that the subdirectory is rarely, if
ever, accessed by the public. While the public does not access the
subdirectory at a police station very often, the subdirectory
maintained on the home page is one of the most frequently visited
sites on the Division home page. In December 2006, the subdirectory
received 2,113,371 hits. Accessing the subdirectory at a law
enforcement agency is a cumbersome task. A person wishing to view the
subdirectory at a police station must ascertain the location and time
that it is available for viewing. In many cases the viewing times are
limited.

Further, many citizens may not feel comfortable requesting access at a
police station. In contrast, the directory maintained on the Division
home page is accessible 24 hours a day from the privacy of home.
Individuals who do not have home access to the Internet may access the
directory at a public library at no charge or any business which
furnishes Internet access for a fee. Moreover, any individual who
accesses the directory from the Internet, may print the results of the
search. Printing is often not an option when viewing the subdirectory
at a police station.

 LEGISLATIVE HISTORY :

2016: Died in Crime Victims, Crime and Correction 2015: Died in Crime
Victims, Crime and Correction
2014: Senate Bill 557 (Gianaris) - Died in Senate Crime Victims,
Crime, and Correction Committee.
2012: Senate Bill 1976-A (Gianaris) - Died in Senate Rules Committee
01/09/08: Referred to Correction
02/12/07: Referred to Correction
2005/06: Similar to S.496-B Passed Senate/Assembly Correction
Committees

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
180 days after the bill becomes a law.

2017-S3127 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3127
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2017
                                ___________
 
 Introduced by Sens. GIANARIS, AVELLA, STAVISKY -- 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 the  registration  of
   sex offenders
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 168-b of the  correction  law,  as
 amended  by  chapter  106  of  the  laws  of 2006, is amended to read as
 follows:
   6. The division shall also establish a [subdirectory] DIRECTORY pursu-
 ant to section one hundred sixty-eight-q of this article.
   § 2.  Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of
 the correction law, paragraph (a) as amended by chapter 106 of the  laws
 of 2006, 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:
   (a) If the risk of repeat offense is  low,  a  level  one  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 may
 include a photograph and description  of  the  offender  and  which  may
 include  the  name of the sex offender, approximate address based on sex
 offender's zip code, background  information  including  the  offender's
 crime  of  conviction,  modus 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 commit-
 ted by such sex offender. Any entity  receiving  information  on  a  sex

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

                                                            LBD07018-01-7

 S. 3127                             2
 
 offender  may  disclose  or  further disseminate such information at its
 discretion. IN ADDITION, IN EACH SUCH CASE, THE NAME OF THE  SEX  OFFEN-
 DER,  A  PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON
 THE  SEX  OFFENDER'S  ZIP  CODE  SHALL ALSO BE PROVIDED IN THE DIRECTORY
 ESTABLISHED IN THIS ARTICLE.
   (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] IN THIS PARA-
 GRAPH shall also be provided in the [subdirectory] DIRECTORY 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 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.
   (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  [here-
 in]  IN  THIS  PARAGRAPH  shall  also  be provided in the [subdirectory]
 DIRECTORY established in this  article  and  notwithstanding  any  other
 provision  of  law, such information shall, upon request, be made avail-
 able to the public.

 S. 3127                             3
 
   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.
   § 3. The section heading and subdivision 1 of  section  168-q  of  the
 correction  law,  the  section  heading as amended by chapter 106 of the
 laws of 2006 and subdivision 1 as amended by chapter 462 of the laws  of
 2014, are amended to read as follows:
   [Subdirectory]  DIRECTORY;  internet  posting.   1. The division shall
 maintain a [subdirectory of level  two  and  three  sex  offenders.  The
 subdirectory]  DIRECTORY  WHICH  SHALL BE MADE AVAILABLE AT ALL TIMES ON
 THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
   (A) IN THE CASE OF A SEX OFFENDER WHO  HAS  BEEN  GIVEN  A  LEVEL  ONE
 DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
 PHOTOGRAPH  OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE SEX
 OFFENDER'S ZIP CODE.
   (B) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A  LEVEL  TWO  OR
 THREE  DESIGNATION,  THE  DIRECTORY  shall  include  the  exact address,
 address of the offender's place of employment and photograph of the  sex
 offender along with the following information, if available: name, phys-
 ical  description,  age and distinctive markings. Background information
 including all of the sex offender's crimes of  conviction  that  require
 him  or  her  to  register pursuant to this article, modus 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 a description of special conditions  imposed  on
 the  sex  offender  shall also be included. [The subdirectory shall have
 sex offender listings categorized by county and zip code. Such subdirec-
 tory shall be made available at all times on the internet via the  divi-
 sion homepage. Any person may apply to the division to receive automated
 e-mail notifications whenever a new or updated subdirectory registration
 occurs in a geographic area specified by such person. The division shall
 furnish  such  service  at  no  charge to such person, who shall request
 e-mail notification by county and/or zip code  on  forms  developed  and
 provided  by  the  division.  E-mail  notification  is  limited to three
 geographic areas per e-mail account.]
   (C) THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS  FOR
 ANY  PERSON  TO  REGISTER  TO RECEIVE NOTICE AT SUCH PERSON'S ELECTRONIC
 MAIL ADDRESS OF ALL SEX OFFENDERS WHO  RESIDE  OR  MOVE  INTO  THE  AREA
 ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
 NOTICE  BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO THIS
 PARAGRAPH OF EVERY SEX OFFENDER RESIDING IN AND OF  EVERY  SEX  OFFENDER
 WHO  MOVES  INTO  THE  PERSON'S  ZIP CODE. SUCH NOTICE SHALL INCLUDE ALL
 INFORMATION AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER  PURSU-
 ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S3127

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Sponsored By

Michael Gianaris