Requires sex offenders to verify their residence and registration on a biannual basis; the divisions shall mail a verification form to each registered sex offender on a different random date during each six month period of the calendar year.
TITLE OF BILL: An act to amend the correction law, in relation to requiring sex offenders to verify their registration with the sex offender registry on a biannual basis
PURPOSE: To increase the number of times a sex offender has to verify their registration with the Division of Criminal Justice Services.
SUMMARY OF PROVISIONS: Section One - Subdivision 4 of Section 168-b of the Correction Law, as added by Chapter 192 of the Laws of 1995, is amended to provide that DCJS shall on random dates in each six month period of the year mail a non-forwardable verification form to sex offenders.
Section Two - The opening paragraph of subdivision 2 of section 168-f of the Correction Law, as added by Chapter 192 of the Laws of 1995, is amended to change from an annual verification date to a random biannual verification procedure.
Section Three - Subdivision 2 of section 168-g of the Correction Law, as amended by section 18 of subpart B of part C of Chapter 62 of the laws of 2011, is amended to provide that sex offenders must comply with the random biannual address verification.
Section Four - Subdivisions 1 and 2 of section 168-h of the Correction Law, as amended by Chapter 1 of the Laws of 2006, are amended to change annually to biannually.
Section Five - Sets forth the effective date.
JUSTIFICATION: Terrifying examples of the need for stricter laws regulating sex offenders permeate the news across the country evening after evening. The killing of children like Jessica Lunsford in Florida is a sad commentary indeed that sex offender registration and community notification are not enough to keep our children and communities safe from such vicious predators. Law enforcement officers need better tools to be able to keep track of the most dangerous offenders, especially those who choose to ignore their registration requirements under New York State's version of Megan's Law. Therefore, it is vitally important to verify the registered location of sex offenders to make sure that they have not moved and are still following their registration requirements. Under current law, level three offenders must verify their registration every 90 days. However, level 1 and 2 offenders are only checked on once a year with a verification form on their anniversary of registration. Recent attacks on children across the country have shown that sex offenders will often abscond from their registered address to areas where law enforcement and residents are unaware of their existence. Therefore, it is important to verify that a sex offender is indeed living where they are registered at least once in each six month period of time.
It also makes great sense to have this card sent randomly rather than on a specific anniversary date when an offender knows that it is coming.
LEGISLATIVE HISTORY: 2011-2012: S.1829A - Reported to Finance 2009-2010: S.1485 - Referred to Codes 2007-2008: S.434 - Passed Senate, Non-Controversial/Assembly Corrections 2005-2006: S.S404A - Passed Senate/Assembly Corrections
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law, provided that any rules, regulations and forms necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
STATE OF NEW YORK ________________________________________________________________________ 1428 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 requiring sex offen- ders to verify their registration with the sex offender registry on a biannual basis 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-b of the correction law, as added by chapter 192 of the laws of 1995, is amended to read as follows: 4. The division shall, UPON A DIFFERENT RANDOM DATE DURING EACH SIX MONTH PERIOD OF THE CALENDAR YEAR, mail a nonforwardable verification form to the last reported address of the person for
[annual]BIANNUAL verification requirements. S 2. The opening paragraph of subdivision 2 of section 168-f of the correction law, as added by chapter 192 of the laws of 1995, is amended to read as follows: For a sex offender required to register under this article [on each anniversary of the sex offender's initial registration date]UPON RECEIPT OF EACH RANDOMLY MAILED BIANNUAL VERIFICATION FORM during the period in which he is required to register under this section the following applies: S 3. Subdivision 2 of section 168-g of the correction law, as amended by section 18 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: 2. Every sex offender who on the effective date of this article is then on community supervision or probation for an offense provided for in subdivision two or three of section one hundred sixty-eight-a of this article shall within ten calendar days of such determination register with his parole or probation officer. [On each anniversary of]ON ANDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05832-01-3 S. 1428 2
AFTER the sex offender's initial registration date
[thereafter], the provisions of section one hundred sixty-eight-f of this article shall BE DEEMED TO apply TO SUCH OFFENDER. Any sex offender who fails or refuses to so comply shall be subject to the same penalties as otherwise provided for in this article which would be imposed upon a sex offender who fails or refuses to so comply with the provisions of this article on or after such effective date. S 4. Subdivisions 1 and 2 of section 168-h of the correction law, as amended by chapter 1 of the laws of 2006, are amended to read as follows: 1. The duration of registration and verification for a sex offender who has not been designated a sexual predator, or a sexually violent offender, or a predicate sex offender, and who is classified as a level one risk, or who has not yet received a risk level classification, shall be [annually]BIANNUALLY for a period of twenty years from the initial date of registration. 2. The duration of registration and verification for a sex offender who, on or after March eleventh, two thousand two, is designated a sexu- al predator, or a sexually violent offender, or a predicate sex offen- der, or who is classified as a level two or level three risk, shall be [annually]BIANNUALLY for life. Notwithstanding the foregoing, a sex offender who is classified as a level two risk and who is not designated a sexual predator, a sexually violent offender or a predicate sex offen- der, may be relieved of the duty to register and verify as provided by subdivision one of section one hundred sixty-eight-o of this article. S 5. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, provided that any rules, regulations and forms necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.