S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5809
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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.
   Such law enforcement agencies shall compile,  maintain  and  update  a
 listing  of  vulnerable organizational entities within its jurisdiction.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09861-01-9

 A. 5809                             2
 
 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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.