S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2616
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 requiring the divi-
   sion of criminal justice services to provide the name and  address  of
   each  level  two  and  level three sex offender to each adult resident
   residing in the county in which such sex offender resides
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07376-01-9

 S. 2616                             2
 
 request,  be  made available to the public.  PROVIDED, FURTHER, THAT THE
 DIVISION SHALL, ON OR BEFORE FEBRUARY FIFTEENTH EACH YEAR,  PROVIDE  AND
 DELIVER,  BY  MAIL, TO EACH ADULT RESIDENT OF EACH COUNTY, A LIST OF THE
 NAME AND ADDRESS OF EVERY SEX OFFENDER RESIDING IN SUCH COUNTY.
   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 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.  PROVIDED, FURTHER,  THAT
 THE  DIVISION  SHALL, ON OR BEFORE FEBRUARY FIFTEENTH EACH YEAR, PROVIDE
 AND DELIVER, BY MAIL, TO EACH ADULT RESIDENT OF EACH COUNTY, A  LIST  OF
 THE NAME AND ADDRESS OF EVERY SEX OFFENDER RESIDING IN SUCH COUNTY.
   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.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.