Provides for a sex offender registry check for youth organization volunteers who have direct contact with youths under the age of 18.

---

A3581-2011 Actions

• Jan 4, 2012: referred to correction
• Jan 26, 2011: referred to correction

A3581-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3581

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 26, 2011
                                 ___________

  Introduced  by  M.  of  A. AUBRY -- Multi-Sponsored by -- M. of A. COOK,
    GALEF, MAGEE, PHEFFER -- read once and referred to  the  Committee  on
    Correction

  AN  ACT  to  amend  the social services law, in relation to sex offender
    registry checks for youth organization volunteers

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. The social services law is amended by adding a new section
  378-b to read as follows:

    S 378-B. SEX OFFENDER REGISTRY CHECKS FOR  YOUTH  ORGANIZATION  VOLUN-
  TEERS.  1. AS USED IN THIS SECTION:

    (A)  "YOUTH  ORGANIZATION" MEANS ANY  PUBLIC OR PRIVATE AGENCY, ORGAN-
  IZATION, ASSOCIATION OR GROUP ORGANIZED AND FUNCTIONING, IN WHOLE OR  IN
  PART,  FOR  THE  PURPOSE  OF    PROVIDING  YOUTH WITH THE OPPORTUNITY TO
  PARTICIPATE IN SUPERVISED  ACTIVITIES,  INCLUDING  BUT  NOT  LIMITED  TO
  SPORTING,  RECREATIONAL,  EDUCATIONAL  OR  RELIGIOUS ACTIVITIES. AS USED
  HEREIN, "YOUTH ORGANIZATION" SHALL INCLUDE ONLY THOSE ORGANIZATIONS THAT
  USE VOLUNTEERS TO SUPERVISE YOUTH AND  EXCLUDE  INSTITUTIONS  WHICH  ARE
  SANCTIONED  BY  THE  STATE  EDUCATION  DEPARTMENT TO PROVIDE EDUCATIONAL
  INSTRUCTION TO YOUTH.
    (B) "YOUTH" MEANS A PERSON UNDER THE AGE OF EIGHTEEN.
    2. (A) BEFORE ANY PERSON IS PERMITTED TO VOLUNTEER HIS OR HER SERVICES
  WITH A YOUTH ORGANIZATION WHERE SUCH PERSON IS EXPECTED TO  HAVE  DIRECT
  CONTACT  WITH YOUTH, SUCH YOUTH ORGANIZATION MUST, BY USE OF THE SPECIAL
  TELEPHONE NUMBER DESCRIBED IN SECTION ONE HUNDRED SIXTY-EIGHT-P  OF  THE
  CORRECTION  LAW,  REQUEST  THAT  AN INQUIRY BE MADE OF THE STATEWIDE SEX
  OFFENDER REGISTRY OPERATED BY THE DIVISION OF CRIMINAL JUSTICE  SERVICES
  TO DETERMINE WHETHER THE PROSPECTIVE VOLUNTEER IS LISTED IN THE REGISTRY
  AS  A  PERSON  WHO MUST REGISTER AS A SEX OFFENDER OR A SEXUALLY VIOLENT
  PREDATOR UNDER ARTICLE SIX-C OF THE CORRECTION LAW.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04686-01-1

 A. 3581                             2

    (B) NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, YOUTH  ORGANIZA-
  TIONS  SHALL  CAUSE  TO BE CONDUCTED THE STATEWIDE SEX OFFENDER REGISTRY
  INQUIRY DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION  FOR  ALL  ACTIVE
  VOLUNTEERS  OF SUCH ORGANIZATION WHERE SUCH VOLUNTEER HAS DIRECT CONTACT
  WITH  YOUTH.  ANY  SUBSEQUENT  STATEWIDE SEX OFFENDER REGISTRY INQUIRIES
  INITIATED BY SUCH YOUTH ORGANIZATION SHALL BE MADE AT THE DISCRETION  OF
  THE YOUTH ORGANIZATION.
    3.  A YOUTH ORGANIZATION, PRIOR TO INITIATING THE STATEWIDE SEX OFFEN-
  DER REGISTRY INQUIRY DESCRIBED IN PARAGRAPHS (A) AND (B) OF  SUBDIVISION
  TWO  OF  THIS  SECTION,  SHALL INFORM THE VOLUNTEER OR PERSON SEEKING TO
  VOLUNTEER HIS OR HER SERVICES THAT SUCH INQUIRY WILL BE  PERFORMED.  THE
  YOUTH  ORGANIZATION SHALL PROVIDE THE VOLUNTEER OR PROSPECTIVE VOLUNTEER
  THE OPPORTUNITY TO CEASE SUCH VOLUNTEER SERVICES BEFORE SUCH INQUIRY  IS
  INITIATED.
    4.  A  YOUTH  ORGANIZATION  IS  PROHIBITED  FROM PERMITTING ANY PERSON
  DETERMINED TO BE LISTED IN THE STATEWIDE SEX OFFENDER REGISTRY  PURSUANT
  TO  PARAGRAPHS  (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION TO VOLUN-
  TEER HIS OR HER SERVICES WITH SUCH ORGANIZATION WHERE SUCH PERSON HAS OR
  IS EXPECTED TO HAVE DIRECT CONTACT WITH YOUTH.
    5. THE PROVISIONS  OF  ARTICLE  SIX-C  OF  THE  CORRECTION  LAW  WHICH
  RESTRICT  THE  USE  AND  DISSEMINATION  OF INFORMATION OBTAINED FROM THE
  STATEWIDE SEX OFFENDER REGISTRY SHALL APPLY TO YOUTH ORGANIZATIONS.
    6. A WILLFUL VIOLATION OF ANY OF THE PROVISIONS OF THIS SECTION  SHALL
  SUBJECT  SUCH  ORGANIZATION  TO  A  CIVIL  PENALTY  OF NOT MORE THAN ONE
  HUNDRED DOLLARS PROVIDED, HOWEVER,  THAT  FOR  A  SECOND  OR  SUBSEQUENT
  VIOLATION THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
  MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED DOLLARS.
    S 2. This act shall take effect immediately.