Requires sex offenders to annually return an address verification form to the division of criminal justice services.
Ayes (9): Gallivan, Carlucci, DeFrancisco, Griffo, Little, Maziarz, Nozzolio, Ritchie, Peralta
Ayes W/R (2): Hoylman, Rivera
Nays (2): Hassell-Thompson, Montgomery
Ayes (58): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Hassell-Thomps, Montgomery, Perkins
Excused (2): Diaz, LaValle
TITLE OF BILL: An act to amend the correction law, in relation to the duty of sex offenders to annually verify their address
PURPOSE: To require sex offenders to annually return a verification form to the Division of Criminal Justice Services.
SUMMARY OF PROVISIONS: Paragraph (c) of subdivision 2 of section 168-f of the Correction Law, as amended by Chapter 453 of the Laws of 1999, is amended to require a sex offender to return by mail the signed address verification form to DCJS within 10 calendar days of receipt. Failure to do so would be a violation of this section.
JUSTIFICATION: Currently, if a sex offender does not mail back the annual signed address verification form to the Division of Criminal Justice Services, it starts a process whereby local law enforcement needs to investigate whether such individual is still residing at the registered address. If law enforcement brings forward a case against an individual for failing to mail back such form needed to update their whereabouts, current law states that it is not a violation if they can prove that they have not moved. Bringing cases to court which are protected by the affirmative defense language is a waste of precious criminal justice time which could be used more effectively elsewhere. In a sense, the affirmative defense clause thereby gives sex offenders a free pass if they do not send their signed verification form back. Since it is of the utmost importance to the public's safety for DCJS and local law enforcement to keep track of registered sex offenders, it is necessary to instill a penalty for failing to return a signed verification form whether or not the person's address has changed.
LEGISLATIVE HISTORY: 2011/12 - S.1825/A.4870 Passed Senate/Assembly Correction 2009/10 - S.1484 - Referred to Crime Victims, Crime and Correction 2007/08 - S.437 - Passed Senate 54-1 Non-Controversial/Assembly Correction 2005/06 - S.481 - Passed Senate/Assembly Correction 2003/04 - S.4455/A.8521 - Passed Senate/Assembly Correction
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1392 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. SKELOS -- 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 duty of sex offenders to annually verify their address THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 2 of section 168-f of the correction law, as amended by chapter 453 of the laws of 1999, is amended to read as follows: (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]. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02553-01-3