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.

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S1829A-2011 Actions

• Mar 20, 2012: PRINT NUMBER 1829A
• 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
• Jun 24, 2011: COMMITTED TO RULES
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.980
• Jan 13, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S1829A-2011 Votes

S1829A-2011 Memo

BILL NUMBER:S1829A

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:
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.

S1829A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   1829--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 13, 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 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06187-02-2

 S. 1829--A                          2

  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 AND
  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.