Bill S1764-2013

Requires school districts, upon notification from law enforcement agencies, to notify residents of sex offenders living in the district

Requires school districts, upon notification from law enforcement agencies, to notify persons in parental relation to its students, of level two and three sex offenders living in the district; apportions money to school districts for certain sex offender expenses.

Details

Actions

  • Jan 8, 2014: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 29, 2013: referred to correction
  • Apr 29, 2013: DELIVERED TO ASSEMBLY
  • Apr 29, 2013: PASSED SENATE
  • Apr 24, 2013: ADVANCED TO THIRD READING
  • Apr 23, 2013: 2ND REPORT CAL.
  • Apr 22, 2013: 1ST REPORT CAL.398
  • Jan 9, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Apr 22, 2013
Ayes (10): Gallivan, Carlucci, DeFrancisco, Griffo, Maziarz, Nozzolio, Ritchie, Hoylman, Peralta, Rivera
Ayes W/R (1): Hassell-Thompson
Nays (1): Montgomery
Excused (1): Little

Memo

BILL NUMBER:S1764

TITLE OF BILL: An act to amend the correction law, in relation to required notification by school districts of sex offender residence; and to amend the education law, in relation to apportionment to school districts for certain expenses related to sex offender notification

PURPOSE: This bill would require that a school district shall distribute information on sex offenders residing within the school district to the parents of its students.

SUMMARY OF PROVISIONS:

Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-1 of the correction law, 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.

Section 2. Amends the Education Law by adding a new Section 3605 providing for the apportionment of funds by the Commissioner of Education to reimburse school districts for mailing expenses related to sex offender notification.

JUSTIFICATION: Megan's Law requires level two and level three sex offenders resister with local law enforcement agencies, who may distribute information including the offenders name, picture, address, location of employment and background information.

This legislation would require a school district, upon receiving this information from law enforcement officials, to distribute the information to the parents of its students.

The rate of recidivism among sex offenders is very high, as such, it is important that the public is aware of any dangerous offenders who may be living in their neighborhood. The information is currently available to the public, but many parents are not aware of this, or do not know where to look to find the information. Sending the offenders' profiles to the parents in the school district provides an extra assurance that each household has the invaluable information that could protect their children from dangerous predators.

This legislation provides funding to reimburse the school districts for their costs related to complying with this requirement.

LEGISLATIVE HISTORY: 2011-12: S.1449-C/A.1402 - Passed Senate 2009-10: S.1176/A.3339 - Corrections Committee 2007-0B: S.7B19/A.10711 - Corrections Committee

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 1764 A. 1220 2013-2014 Regular Sessions S E N A T E - A S S E M B L Y (PREFILED) January 9, 2013 ___________
IN SENATE -- Introduced by Sens. LAVALLE, MARTINS, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to required notification by school districts of sex offender residence; and to amend the educa- tion law, in relation to apportionment to school districts for certain expenses related to sex offender notification THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (b) and (c) of subdivision 6 of section 168-l of the correction law, 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: (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, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH INFORMA- TION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINISTRATOR, SHALL DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE EDUCATION LAW, OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. In addition, in such case, the information described [herein] IN THIS SECTION 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. (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, PROVIDED, HOWEVER, THAT SCHOOL DISTRICTS, UPON RECEIPT OF SUCH INFORMATION BY THE DISTRICT SUPERINTENDENT OR CHIEF SCHOOL ADMINIS- TRATOR, SHALL DISSEMINATE SUCH INFORMATION TO THE PERSON OR PERSONS IN PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE EDUCATION LAW, OF EACH OF ITS STUDENTS WITHIN SUCH SCHOOL DISTRICT. In addition, in such case, the information described herein 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 2. The education law is amended by adding a new section 3605 to read as follows: S 3605. APPORTIONMENT FOR CERTAIN MAILING EXPENSES. THE COMMISSIONER SHALL APPORTION FUNDS TO REIMBURSE SCHOOL DISTRICTS FOR MONIES EXPENDED IN THE MAILING OF NOTICES TO THE PERSON OR PERSONS IN PARENTAL RELATION, AS DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THIS CHAPTER, OF EACH OF ITS STUDENTS REGARDING THE PRESENCE OF REGISTERED SEX OFFENDERS WITHIN SUCH SCHOOL DISTRICTS. S 3. This act shall take effect on the first of July next succeeding the date on which it shall have become a law, and shall apply to expenses incurred by school districts after such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus