Bill S1531A-2011

Expands the information that will be maintained on sex offenders by the division of criminal justice services

Requires the division of criminal justice services to maintain a record of the social security number, license plate number, motor vehicle description, employment address and criminal history of sex offenders; requires level 3 sex offenders to personally verify their registration every 3 months; requires level 2 sex offenders to personally verify their registration every 6 months; requires level 1 sex offenders to personally verify their registration annually; requires sex offenders to personally verify any change of name, address or status within 3 business days of any such change; directs the division of criminal justice services to maintain a subdirectory of all sex offenders; elevates from a class A misdemeanor to a class D felony, any violation by a sex offender of the sex offender registration act.

Details

Actions

  • Mar 20, 2012: PRINT NUMBER 1531A
  • Mar 20, 2012: AMEND AND RECOMMIT TO FINANCE
  • Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 10, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Memo

BILL NUMBER:S1531A

TITLE OF BILL: An act to amend the correction law, in relation to the maintenance of information on sex offenders, registration and verification by sex offenders, the subdirectory of sex offenders, and the penalty for the failure of a sex offender to comply with verification and registration requirements

PURPOSE: To amend the Sex Offender Registration Act (Correction Law article 6-C) to conform to provisions of federal law (P.L. 109-248).

SUMMARY OF PROVISIONS: Section 1 amends paragraphs (a) and (e) and adds a new paragraph (e-1) to subdivision 1 of section 168-b of the Correction Law to provide that information in the Sex Offender Registry maintained by the Division of Criminal Justice Services include the license plate number and description of any motor vehicle owned or operated by the sex offender, the employment address and/or expected place of employment of the sex offender regardless of risk level and the criminal history of the sex offender.

Section 2 amends subdivisions 1 and 2 of section 168-c of the Correction Law to require that all sex offenders provide their employment address or place of employment.

Section 3 and 4 amends subdivision 2 of section 168-d and subdivision 1 of section 168-e of the Correction Law to require sex offenders to provide their employment address and/or expected place of employment.

Section 5 amends subdivisions 2 and 4 of section 168-f of the Correction Law to require that level 3 offenders personally appear at the law enforcement agency having jurisdiction every 3 months for the purpose of providing a current photograph of the offender. Level 2 offenders must personally appear every 6 months and level 1 offenders must personally appear annually. All sex offenders must also personally appear at the law enforcement agency having jurisdiction within 3 days after any change of name or address or change in status at an institution of higher education.

Section 6 amends subdivisions 4 and 5 of section 168-j of the Correction Law with regard to sex offenders providing their employment address or place of employment.

Section 7 amends subdivision 2 of section 168-k of the Correction Law to require that the sex offenders convicted in another jurisdiction who establish residence in New York provide such information as is required by DCJS.

Section 8 amends paragraph (a), (b) and (c) of subdivision 6 of section 168-1 of the Correction Law, paragraph (a) as amended by Chapter 106 of the Laws of2006, paragraph (b) as amended by Chapter 513 of the Laws of 2011 and paragraph (c) as separately amended by Chapters 318 and 680 of the Laws of 2005, are amended to conform the provisions of those paragraphs to Correction Law section 168-q with regard to information provided to the public in the subdirectory.

Section 9 amends subdivision 1 of section 168-q of the Correction Law, as amended by Chapter 532 of the Laws of 2011 with regard to the information on sex offenders which the Division of Criminal Justice Services may include in the subdirectory posted by the Division on the Internet.

Section 10 amends Correction Law section 168-t to provide that the penalty for failure to register or verify, or for a violation of section 168-v shall be a class D felony.

Section 11 is the effective date.

JUSTIFICATION: The "Adam Walsh Child Protection and Safety Act of 2006" (P.L. 109-248) which became effective in July of 2006 requires that states provide additional information in the Sex Offender Registry and also provides a criminal penalty that includes a maximum term of imprisonment that is greater than one year for the failure of a sex offender to comply with the requirements of the Sex Offender Registration Act.

Any state that fails to substantially implement the requirement of P.L. 109-248 shall not receive 10% of the funds that would otherwise be allocated under the Omnibus Crime Control and Safe Streets Act of 1968 (42U.S.C. 3750 et seq.).

This bill implements the requirements of P.L. 109-248.

LEGISLATIVE HISTORY: 2009/2010 - S.1486 - Referred to Crime Victims, Crime & Correction 2007/2008 - S.1772 - Passed Senate, Non-Controversial

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: November 1 after enactment and applies to sex offenders registered or required to register immediately prior to the effective date and to all sex offenders required on or after the effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 1531--A 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- reported favor- ably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the correction law, in relation to the maintenance of information on sex offenders, registration and verification by sex offenders, the subdirectory of sex offenders, and the penalty for the failure of a sex offender to comply with verification and registration requirements THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a) and (e) of subdivision 1 of section 168-b of the correction law, paragraph (a) as amended by chapter 67 of the laws of 2008 and paragraph (e) as amended by chapter 532 of the laws of 2011, are amended and a new paragraph (e-1) is added to read as follows: (a) The sex offender's name, all aliases used, SOCIAL SECURITY NUMBER, date of birth, sex, race, height, weight, eye color, driver's license number, LICENSE PLATE NUMBER AND DESCRIPTION OF ANY MOTOR VEHICLE OWNED OR OPERATED BY THE SEX OFFENDER, home address and/or expected place of domicile, any internet accounts with internet access providers belonging to such offender and internet identifiers that such offender uses. (e) [If the sex offender has been given a level two or three desig- nation, such] THE offender's employment address and/or expected place of employment. (E-1) THE CRIMINAL HISTORY OF THE SEX OFFENDER, INCLUDING THE DATE OF ALL ARRESTS AND CONVICTIONS; THE STATUS OF PAROLE, PROBATION OR RELEASE UNDER SUPERVISION; REGISTRATION STATUS; THE EXISTENCE OF ANY OUTSTANDING
ARREST WARRANTS FOR THE SEX OFFENDER; AND A PHOTOCOPY OF THE SEX OFFENDER'S DRIVER'S LICENSE OR GOVERNMENT ISSUED IDENTIFICATION CARD. S 2. Subdivisions 1 and 2 of section 168-c of the correction law, as amended by chapter 11 of the laws of 2002, are amended to read as follows: 1. In the case of any sex offender, it shall be the duty of the department, hospital or local correctional facility at least ten calen- dar days prior to the release or discharge of any sex offender from a correctional facility, hospital or local correctional facility to notify the division of the contemplated release or discharge of such sex offen- der, informing the division in writing on a form provided by the divi- sion indicating the address at which he or she proposes to reside and the name and address of any institution of higher education at which he or she expects to be enrolled, attending or employed, whether for compensation or not, and whether he or she resides in or will reside in a facility owned or operated by such institution, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT. If such sex offender changes his or her place of residence while on parole, such notification of the change of residence shall be sent by the sex offender's parole officer within forty-eight hours to the division on a form provided by the division. If such sex offender changes the status of his or her enrollment, attendance, employment or residence at any institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT while on parole, such notification of the change of status shall be sent by the sex offender's parole officer within forty-eight hours to the division on a form provided by the division. 2. In the case of any sex offender on probation, it shall be the duty of the sex offender's probation officer to notify the division within forty-eight hours of the new place of residence on a form provided by the division. If such sex offender changes the status of his or her enrollment, attendance, employment or residence at any institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT while on probation, such notification of the change of status shall be sent by the sex offender's probation officer within forty-eight hours to the division on a form provided by the division. S 3. Subdivision 2 of section 168-d of the correction law, as amended by chapter 684 of the laws of 2005, is amended to read as follows: 2. Any sex offender, who is released on probation or discharged upon payment of a fine, conditional discharge or unconditional discharge shall, prior to such release or discharge, be informed of his or her duty to register under this article by the court in which he or she was convicted. At the time sentence is imposed, such sex offender shall register with the division on a form prepared by the division. The court shall require the sex offender to read and sign such form and to complete the registration portion of such form. The court shall on such form obtain the address where the sex offender expects to reside upon his or her release, and the name and address of any institution of high- er education he or she expects to be employed by, enrolled in, attending or employed, whether for compensation or not, and whether he or she expects to reside in a facility owned or operated by such an institu- tion, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT, and shall report such information to the division. The court shall give one copy of the form to the sex offender and shall send two copies to the division which shall forward the information to the law enforcement agencies having jurisdiction. The court shall also notify the district attorney and the sex offender of the date of the determi-
nation proceeding to be held pursuant to subdivision three of this section, which shall be held at least forty-five days after such notice is given. This notice shall include the following statement or a substantially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moderate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is financially unable to retain counsel. If the sex offender applies for assignment of counsel to represent him or her at the hearing and counsel was not previously assigned to represent the sex offender in the underlying criminal action, the court shall determine whether the offender is financially unable to retain counsel. If such a finding is made, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. Where the court orders a sex offender released on probation, such order must include a provision requiring that he or she comply with the require- ments of this article. Where such sex offender violates such provision, probation may be immediately revoked in the manner provided by article four hundred ten of the criminal procedure law. S 4. Subdivision 1 of section 168-e of the correction law, as amended by chapter 11 of the laws of 2002, is amended to read as follows: 1. Any sex offender, to be discharged, paroled, released to post-re- lease supervision or released from any state or local correctional facility, hospital or institution where he or she was confined or committed, shall at least fifteen calendar days prior to discharge, parole or release, be informed of his or her duty to register under this article, by the facility in which he or she was confined or committed. The facility shall require the sex offender to read and sign such form as may be required by the division stating the duty to register and the procedure for registration has been explained to him or her and to complete the registration portion of such form. The facility shall obtain on such form the address where the sex offender expects to reside upon his or her discharge, parole or release and the name and address of any institution of higher education he or she expects to be employed by, enrolled in, attending or employed, whether for compensation or not, and whether he or she expects to reside in a facility owned or operated by such an institution, AND THE SEX OFFENDER'S EMPLOYMENT ADDRESS AND/OR EXPECTED PLACE OF EMPLOYMENT, and shall report such information to the division. The facility shall give one copy of the form to the sex offen- der, retain one copy and shall send one copy to the division which shall provide the information to the law enforcement agencies having jurisdic- tion. The facility shall give the sex offender a form prepared by the division, to register with the division at least fifteen calendar days prior to release and such form shall be completed, signed by the sex
offender and sent to the division by the facility at least ten days prior to the sex offender's release or discharge. S 5. Subdivisions 2 and 4 of section 168-f of the correction law, subdivision 2 as added by chapter 192 of the laws of 1995, paragraph (b-1) of subdivision 2 as amended by chapter 532 of the laws of 2011, paragraphs (b-2), (b-3) and (c-1) of subdivision 2 as added by section 2 of part O of chapter 56 of the laws of 2005, paragraph (c) of subdivi- sion 2 as amended by chapter 453 of the laws of 1999 and subdivision 4 as amended by chapter 67 of the laws of 2008, are amended to read as follows: 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 OR SHE 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 OR SHE still resides at the address last reported to the division[. (b-1) If the sex offender has been given a level two or three desig- nation, such offender shall sign the verification form, and state that he or she] AND still is employed at the address last reported to the division. [(b-2)] (B-1) If the sex offender has been given a level three desig- nation, he or she shall personally appear at the law enforcement agency having jurisdiction within [twenty days of the first anniversary] THREE MONTHS of the sex offender's initial registration and every [year] THREE MONTHS 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 jurisdic- tion shall be the warden, superintendent, sheriff or other person in charge of the state or local correctional facility. [(b-3)] (B-2) 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] SIX MONTHS of the sex offender's initial registration and every [three years] SIX MONTHS thereafter during the period of registra- tion 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, superinten- dent, sheriff or other person in charge of the state or local correc- tional facility. (B-3) IF THE SEX OFFENDER HAS BEEN GIVEN A LEVEL ONE 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 THE 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] (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-1), (b-2) or (b-3) of this subdivision[, within twenty days of the anniversary of the sex offender's initial registra- tion], or an alternate later date scheduled by the law enforcement agen- cy 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. 4. Any sex offender shall register with the division no later than [ten calendar] THREE BUSINESS days after any change of NAME OR 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 insti- tution of higher education. THE SEX OFFENDER SHALL ALSO PERSONALLY APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN THREE BUSINESS DAYS AFTER ANY CHANGE OF NAME OR ADDRESS OR ANY CHANGE OF HIS OR HER STATUS OF ENROLLMENT, ATTENDANCE, EMPLOYMENT OR RESIDENCE AT ANY INSTITUTION OF HIGHER EDUCATION AND PROVIDE SUCH INFORMATION TO THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION. A fee of ten dollars, as author- ized 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 NAME OR address or any change of his or her status of enrollment, attendance, employment or residence at any insti- tution 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. S 6. Subdivisions 4 and 5 of section 168-j of the correction law, as added by chapter 11 of the laws of 2002, are amended to read as follows: 4. Upon receipt of a change in the status of the enrollment, attend- ance, employment or residence at an institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to register under this article, the division shall notify each law enforce- ment agency having jurisdiction which is affected by such change. 5. Upon receipt of change in the status of the enrollment, attendance, employment or residence at an institution of higher education, OR EMPLOYMENT ADDRESS OR PLACE OF EMPLOYMENT by a sex offender required to register under this article, each law enforcement agency having juris- diction shall adhere to the notification provisions set forth in subdi- vision six of section one hundred sixty-eight-l of this article. S 7. Subdivision 2 of section 168-k of the correction law, as amended by chapter 684 of the laws of 2005, is amended to read as follows:
2. The division shall advise the board that the sex offender has established residence in this state. The board shall determine whether the sex offender is required to register with the division. If it is determined that the sex offender is required to register, the division shall notify the sex offender of his or her duty to register under this article and shall require the sex offender to sign a form as may be required by the division acknowledging that the duty to register and the procedure for registration has been explained to the sex offender. The division shall obtain on such form the address where the sex offender expects to reside within the state AND SUCH ADDITIONAL INFORMATION AS THE DIVISION MAY REQUIRE, and the sex offender shall retain one copy of the form and send two copies to the division which shall provide the information to the law enforcement agency having jurisdiction where the sex offender expects to reside within this state. No later than thirty days prior to the board making a recommendation, the sex offender shall be notified that his or her case is under review and that he or she is permitted to submit to the board any information relevant to the review. After reviewing any information obtained, and applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, the board shall within sixty calendar days make a recom- mendation regarding the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. This recom- mendation shall be confidential and shall not be available for public inspection. It shall be submitted by the board to the county court or supreme court and to the district attorney in the county of residence of the sex offender and to the sex offender. It shall be the duty of the county court or supreme court in the county of residence of the sex offender, applying the guidelines established in subdivision five of section one hundred sixty-eight-l of this article, to determine the level of notification pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. At least thirty days prior to the deter- mination proceeding, such court shall notify the district attorney and the sex offender, in writing, of the date of the determination proceed- ing and the court shall also provide the district attorney and sex offender with a copy of the recommendation received from the board and any statement of the reasons for the recommendation received from the board. This notice shall include the following statement or a substan- tially similar statement: "This proceeding is being held to determine whether you will be classified as a level 3 offender (risk of repeat offense is high), a level 2 offender (risk of repeat offense is moder- ate), or a level 1 offender (risk of repeat offense is low), or whether you will be designated as a sexual predator, a sexually violent offender or a predicate sex offender, which will determine how long you must register as a sex offender and how much information can be provided to the public concerning your registration. If you fail to appear at this proceeding, without sufficient excuse, it shall be held in your absence. Failure to appear may result in a longer period of registration or a higher level of community notification because you are not present to offer evidence or contest evidence offered by the district attorney." The court shall also advise the sex offender that he or she has a right
to a hearing prior to the court's determination, that he or she has the right to be represented by counsel at the hearing and that counsel will be appointed if he or she is financially unable to retain counsel. A returnable form shall be enclosed in the court's notice to the sex offender on which the sex offender may apply for assignment of counsel. If the sex offender applies for assignment of counsel and the court finds that the offender is financially unable to retain counsel, the court shall assign counsel to represent the sex offender pursuant to article eighteen-B of the county law. If the district attorney seeks a determination that differs from the recommendation submitted by the board, at least ten days prior to the determination proceeding the district attorney shall provide to the court and the sex offender a statement setting forth the determinations sought by the district attor- ney together with the reasons for seeking such determinations. The court shall allow the sex offender to appear and be heard. The state shall appear by the district attorney, or his or her designee, who shall bear the burden of proving the facts supporting the determinations sought by clear and convincing evidence. It shall be the duty of the court apply- ing the guidelines established in subdivision five of section one hundred sixty-eight-l of this article to determine the level of notifi- cation pursuant to subdivision six of section one hundred sixty-eight-l of this article and whether such sex offender shall be designated a sexual predator, sexually violent offender, or predicate sex offender as defined in subdivision seven of section one hundred sixty-eight-a of this article. Where there is a dispute between the parties concerning the determinations, the court shall adjourn the hearing as necessary to permit the sex offender or the district attorney to obtain materials relevant to the determinations from the state board of examiners of sex offenders or any state or local facility, hospital, institution, office, agency, department or division. Such materials may be obtained by subpoena if not voluntarily provided to the requesting party. In making the determinations the court shall review any victim's statement and any relevant materials and evidence submitted by the sex offender and the district attorney and the recommendation and any material submitted by the board, and may consider reliable hearsay evidence submitted by either party, provided that it is relevant to the determinations. If available, facts proven at trial or elicited at the time of a plea of guilty shall be deemed established by clear and convincing evidence and shall not be relitigated. The court shall render an order setting forth its determinations and the findings of fact and conclusions of law on which the determinations are based. A copy of the order shall be submit- ted by the court to the division. Upon application of either party, the court shall seal any portion of the court file or record which contains material that is confidential under any state or federal statute. Either party may appeal as of right from the order pursuant to the provisions of articles fifty-five, fifty-six and fifty-seven of the civil practice law and rules. Where counsel has been assigned to represent the sex offender upon the ground that the sex offender is financially unable to retain counsel, that assignment shall be continued throughout the pendency of the appeal, and the person may appeal as a poor person pursuant to article eighteen-B of the county law. S 8. Paragraphs (a), (b) and (c) of subdivision 6 of section 168-l of the correction law, paragraph (a) as amended by chapter 106 of the laws of 2006, paragraph (b) as amended by chapter 513 of the laws of 2011 and paragraph (c) as separately amended by chapters 318 and 680 of the laws of 2005, are amended to read as follows:
(a) If the risk of repeat offense is low, a level one 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 conviction shall be notified and may disseminate relevant information which may include a photograph and description of the offender and which may include the name of the sex offender, approximate address based on sex offender's zip code, background information including the offender's crime of conviction, modus of operation, 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 commit- ted by such sex offender. Any entity receiving information on a sex offender may disclose or further disseminate such information at its discretion. IN ADDITION, IN SUCH CASE, THE INFORMATION DESCRIBED IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE 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. (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 conviction 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, background information including the offender's crime of conviction, mode of operation, 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 receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described [herein] IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE 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 avail- able 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. (c) If the risk of repeat offense is high and there exists a threat to the public safety a level three 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 conviction shall be notified and may disseminate relevant information which shall include a photograph
and description of the offender and which may include the sex offender's exact name and any aliases used by the offender, exact address, address of the offender's place of employment, background information including the offender's crime of conviction, mode of operation, 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 receiving information on a sex offender may disclose or further disseminate such information at its discretion. In addition, in such case, the information described [here- in] IN SECTION ONE HUNDRED SIXTY-EIGHT-Q OF THIS ARTICLE shall also be provided in the subdirectory established in this article and notwith- standing 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 three 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 9. Subdivision 1 of section 168-q of the correction law, as amended by chapter 532 of the laws of 2011, is amended to read as follows: 1. The division shall maintain a subdirectory of [level two and three] sex offenders. The subdirectory shall include [the exact address, address of the offender's place of employment and photograph of the sex offender along with the following information, if available: name, phys- ical description, age and distinctive markings. Background information including the sex offender's crime of conviction, modus of operation, 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 a description of special conditions imposed on the sex offender shall also be included] ALL REGISTRATION INFORMATION MAINTAINED BY THE DIVISION PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-B OF THIS ARTICLE, PROVIDED THAT THE SUBDIRECTORY SHALL NOT INCLUDE THE IDENTITY OF THE VICTIM OF A SEX OFFENSE, THE SOCIAL SECURITY NUMBER OF THE SEX OFFENDER OR ANY REFERENCE TO ARRESTS OF THE SEX OFFENDER THAT DID NOT RESULT IN A CONVICTION. The subdirectory shall have sex offen- der listings categorized by county and zip code. Such subdirectory shall be made available at all times on the internet via the division home- page. Any person may apply to the division to receive automated e-mail notifications whenever a new or updated subdirectory registration occurs in a geographic area specified by such person. The division shall furnish such service at no charge to such person, who shall request e-mail notification by county and/or zip code on forms developed and provided by the division. E-mail notification is limited to three geographic areas per e-mail account. S 10. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows: S 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this
article [shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender] OR who violates the provisions of section one hundred sixty-eight-v of this article shall be guilty of a class [A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class] D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law. S 11. This act shall take effect on the first of November next succeeding the date on which it shall have become a law, and shall apply to all sex offenders registered or required to register immediately prior to the effective date of this act, and to all sex offenders required to register on or after such effective date.

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