Requires the employment address of certain sex offenders to be reported to the division of criminal justice services.
Ayes (10): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta
Ayes W/R (2): Montgomery, Rivera
Nays (1): Hassell-Thompson
Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (4): Hassell-Thomps, Montgomery, Parker, Perkins
Excused (1): Squadron
TITLE OF BILL: An act to amend the correction law, in relation to the employment address of sex offenders
PURPOSE OR GENERAL IDEA OF BILL: To authorize law enforcement to disseminate a Level 2 sex offenders place of employment address to vulnerable populations.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Section 168-f (4) of correction Law to require a sex offender to notify DCJS within 10 days of any change in employment address.
Section 2: Amends Section 168-l (6-b) of Correction Law to authorize appropriate law enforcement to release a Level 2 sex offender's exact address and address of the offender's place of employment to vulnerable populations.
Section 3: Effective date.
JUSTIFICATION: Chapter 106 of the Laws of 2006 added moderate-risk Level 2 sex offenders (in addition to current law's high-risk Level 3's) to the Internet Sex Offender Subdirectory maintained by the Division of Criminal Justice Services. When accessing this website, in addition to a Level 2 sex offender's picture, the concerned public can now obtain a Level 2 sex offender's exact home address and place of employment address. However, the 2006 law failed to provide law enforcement the authority to provide this essential information when notifying vulnerable populations of a Level 2 sex offender's presence in their communities. Under current law, law enforcement may only provide a Level 2's zip code and is prohibited from releasing such offender's employment address. This bill corrects this discrepancy by making the same identifying information pertaining to Level 2 sex offenders that is available to the general public through DCJS's website available to law enforcement for dissemination purposes.
PRIOR LEGISLATIVE HISTORY: 2007: A.5415 02/15/07 Referred to Correction 01/09/08 Referred to Correction 05/20/08 Held for Consideration in Correction S.7492/A.985 2009-10 Referred to Crime Victims, Crime & Corrections S.512A/A.1201A of 2011/2012; Referred to Correction
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1093 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MAZIARZ, LARKIN, SEWARD -- 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 employment address of sex offenders THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 168-f of the correction law, as amended by chapter 67 of the laws of 2008, is amended to read as follows: 4. Any sex offender shall register with the division no later than ten calendar days after any change of address, ANY CHANGE IN EMPLOYMENT 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 educa- tion. 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. S 2. Paragraph (b) of subdivision 6 of section 168-l of the correction law, as amended by chapter 513 of the laws of 2011, is 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 convictionEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00208-01-3 S. 1093 2
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, ADDRESS OF THE OFFENDER'S PLACE OF EMPLOYMENT, background information including the offender's crime of conviction, mode of opera- tion, 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 receiv- ing 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 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. S 3. This act shall take effect on the thirtieth day after it shall have become a law.