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This entry was published on 2014-09-22
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SECTION 168-F
Duty to register and to verify
Correction (COR) CHAPTER 43, ARTICLE 6-C
§ 168-f. Duty to register and to verify. 1. Any sex offender shall,
(a) at least ten calendar days prior to discharge, parole, release to
post-release supervision or release from any state or local correctional
facility, hospital or institution where he or she was confined or
committed, or, (b) at the time sentence is imposed for any sex offender
released on probation or discharged upon payment of a fine, conditional
discharge or unconditional discharge, register with the division on a
form prepared by the division.

2. For a sex offender required to register under this article on each
anniversary of the sex offender's initial registration date during the
period in which he is required to register under this section the
following applies:

(a) The sex offender shall mail the verification form to the division
within ten calendar days after receipt of the form.

(b) The verification form shall be signed by the sex offender, and
state that he still resides at the address last reported to the
division.

(b-1) If the sex offender has been given a level two or three
designation, such offender shall sign the verification form, and state
that he or she still is employed at the address last reported to the
division.

(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 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 days of the third anniversary
of the sex offender's initial registration and every three years
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.

(c) If the sex offender fails to mail the signed verification form to
the division within ten calendar days after receipt of the form, he or
she shall be in violation of this section unless he proves that he or
she has not changed his or her residence address.

(c-1) If the sex offender, to whom a notice has been mailed at the
last reported address pursuant to paragraph 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 twenty days of the
anniversary of the sex offender's initial registration, 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.

3. The provisions of subdivision two of this section shall be applied
to a sex offender required to register under this article except that
such sex offender designated as a sexual predator or having been given a
level three designation must personally verify his or her address with
the local law enforcement agency every ninety calendar days after the
date of release or commencement of parole or post-release supervision,
or probation, or release on payment of a fine, conditional discharge or
unconditional discharge. At such time the law enforcement agency having
jurisdiction may take a new photograph of such sex offender if it
appears that the offender has had a change in appearance since the most
recent photograph taken pursuant to paragraph (b-2) of subdivision two
of this section. If such photograph is taken, the law enforcement agency
shall promptly forward a copy of such photograph to the division. The
duty to personally verify shall be temporarily suspended during any
period in which the sex offender is confined to any state or local
correctional facility, hospital or institution and shall immediately
recommence on the date of the sex offender's release.

4. Any sex offender shall register with the division no later than ten
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
education. 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.

5. The duty to register under the provisions of this article shall not
be applicable to any sex offender whose conviction was reversed upon
appeal or who was pardoned by the governor.

6. Any nonresident worker or nonresident student, as defined in
subdivisions 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 calendar days after such
nonresident worker or nonresident student commences employment or
attendance at an educational institution in the state. Any nonresident
worker or nonresident student shall notify the division of any change of
residence, employment or educational institution address no later than
ten 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.