Expands the amount of information available to police and the public, by means of the internet, on registered sex offenders; authorizes any person to register with the division of criminal justice services to receive e-mail notification of all sex offenders residing within their zip code.

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S2005A-2011 Actions

• Jun 20, 2012: referred to correction
• Jun 20, 2012: DELIVERED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Jun 20, 2012: ORDERED TO THIRD READING CAL.1378
• Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 20, 2012: PRINT NUMBER 2005A
• 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 2, 2011: REPORTED AND COMMITTED TO FINANCE
• Jan 14, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2005A-2011 Meetings

Rules: Jun 21, 2012

S2005A-2011 Calendars

Floor Calendar: Jun 20, 2012

S2005A-2011 Votes

S2005A-2011 Memo

BILL NUMBER:S2005A

TITLE OF BILL:
An act
to amend the correction law, in relation to the registration of sex
offenders

PURPOSE:
To make information about all registered sex offenders
available on the Division of Criminal Justice Services home page and
to provide for registration of automatic e-mail notification when a
sex offender moves into a resident's zip code.

SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 6 of section 168-b of the
Correction Law to change the reference to the subdirectory to a
reference to the directory of sex offenders.

Section two of the bill amends paragraphs a, b and c of subdivision 6
of section 168-1 of the Correction Law to, 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
describe what information about a sex offender is available on the
Division homepage depending on whether the offender has been
designated a level one, two or three risk.

Section three of the bill amends section 168-q of the Correction Law to
change the title of the subdirectory to the Directory of Sex
Offenders and to authorize certain information about level one sex
offenders to be made available on the Division homepage in addition
to the current information which is made available on level two and
three sex offenders. Also provides that DCJS shall provide on its
Internet home page a means for a person to register to receive notice
by e-mail whenever a sex offender moves into their zip code.

Section four of the bill provides that it takes effect 180 days after
it becomes law.

JUSTIFICATION:
In New York State, a sex offender remains on the Sex
Offender Registry for at least twenty years. Many offenders are
required to register for life. A subdirectory of Sex Offenders is
maintained on the Division of Criminal Justice Services homepage.
While this subdirectory provides valuable information concerning
those offenders who have been determined to pose a moderate or high
risk, no similar information is provided about offenders found to
pose a low risk of re-offense. A person must call the 800 number
operated by the Division or be notified by a local law enforcement
agency to learn of low risk offenders in the community.

To use the 800 number, the caller must have the sex offender's name
and either the offender's exact address, date of birth, social
security number or driver's license number. There is no fee for the
800 number. The 800 number has proved to be a useful screening tool
for certain business and volunteer agencies, however, it is not as
useful for a person who wishes to know who may pose a threat to the
community but does not know the specific identifying information
required for an 800 number search. Making information about all
registered sex offenders, based upon risk level, available on the
Division home page will expand the utility of the Registry and
enhance the safety of New York's most vulnerable citizens.
Individuals and organizations who need access to Registry information
will be able to obtain such information from any computer with access
to the Internet without charge at a convenient time and will no longer
be limited to calling the 800 number. In addition, by providing a
mechanism whereby residents may register with DCIS to receive
automatic e-mail notifications whenever an offender moves into their
zip code will give individuals the peace of mind that they will be
timely notified whenever there is an individual who may
pose a risk living nearby. Furthermore, it takes away the burden of
having to check the registry all the time to look for new offenders
living in the community.

Currently, a local law enforcement agency is required, by statute, to
provide public access to the subdirectory. Agencies accomplish this
by providing a requestor with the use of a computer to view the
subdirectory on the DCJS homepage.

Discontinuing access to the subdirectory at local law enforcement
agencies will have little or no impact on the public. A number of law
enforcement agencies have reported that the subdirectory is rarely,
if ever, accessed by the public. While the public does not access the
subdirectory at a police station very often, the subdirectory
maintained on the home page is one of the most frequently visited
sites on the Division home page. In 2011, the subdirectory received
2,786,194 positive hits. Accessing the subdirectory at a law
enforcement agency is a cumbersome task. A person wishing to view the
subdirectory at a police station must ascertain the location and time
that it is available for viewing. In many cases the viewing times are
limited.

Further, many citizens may not feel comfortable requesting access at a
police station. In contrast, the directory maintained on the Division
home page is accessible 24 hours a day from the privacy of home.
Individuals who do not have home access to the Internet may access
the directory at a public library at no charge or any business which
furnishes Internet access for a fee. Moreover, any individual who
accesses the directory from the Internet may print the results of the
search. Printing is often not an option when viewing the subdirectory
at a police station.

LEGISLATIVE HISTORY:

2009-2010: S.1488 - Referred to Crime Victims, Crime & Correction
2007/2008: S.3713/A.8438 Passed Senate, Assembly Correction
2005/2006: S.496-B Passed Senate/Assembly Correction
2003/2004: Similar to S.4007-A Passed Senate/Assembly Correction

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
180 days after this bill has become law.

S2005A-2011 Text

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

                                   2005--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 14, 2011
                                 ___________

  Introduced  by  Sens.  SKELOS, AVELLA -- 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 favorably 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 registration of
    sex offenders

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivision  6 of section 168-b of the correction law, as
  amended by chapter 106 of the laws  of  2006,  is  amended  to  read  as
  follows:

    6. The division shall also establish a [subdirectory] DIRECTORY pursu-
  ant to section one hundred sixty-eight-q of this article.
    S 2.  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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06228-02-2

 S. 2005--A                          2

  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 EACH SUCH CASE, THE NAME OF THE SEX OFFEN-
  DER, A PHOTOGRAPH OF THE SEX OFFENDER AND APPROXIMATE ADDRESS  BASED  ON
  THE  SEX  OFFENDER'S  ZIP  CODE  SHALL ALSO BE PROVIDED IN THE DIRECTORY
  ESTABLISHED IN THIS ARTICLE.
    (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 THIS PARA-
  GRAPH shall also be provided in the [subdirectory] DIRECTORY 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. In addition, in such case, the information described  [here-
  in]  IN  THIS  PARAGRAPH  shall  also  be provided in the [subdirectory]

 S. 2005--A                          3

  DIRECTORY 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 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  3.  Section 168-q of the correction law, as added by chapter 192 of
  the laws of 1995, the section heading as amended by chapter 106  of  the
  laws  of  2006,  subdivision  1 as amended by chapter 532 of the laws of
  2011, is amended to read as follows:

    S 168-q. [Subdirectory] DIRECTORY; internet posting.  1. The  division
  shall  maintain a [subdirectory of level two and three] DIRECTORY OF sex
  offenders[. The subdirectory] WHICH SHALL BE MADE AVAILABLE AT ALL TIMES
  ON THE INTERNET VIA THE DIVISION HOMEPAGE FOR PURPOSES OF PUBLIC ACCESS.
    (A) IN THE CASE OF A SEX OFFENDER WHO  HAS  BEEN  GIVEN  A  LEVEL  ONE
  DESIGNATION, THE DIRECTORY SHALL INCLUDE THE NAME OF THE SEX OFFENDER, A
  PHOTOGRAPH  OF THE SEX OFFENDER AND APPROXIMATE ADDRESS BASED ON THE SEX
  OFFENDER'S ZIP CODE.
    (B) IN THE CASE OF A SEX OFFENDER WHO HAS BEEN GIVEN A  LEVEL  TWO  OR
  THREE  DESIGNATION,  THE  DIRECTORY  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. [The  subdirectory  shall  have
  sex offender listings categorized by county and zip code. Such subdirec-
  tory  shall be made available at all times on the internet via the divi-
  sion homepage. 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.]
    (C)  THE DIVISION SHALL, ON ITS INTERNET HOMEPAGE, PROVIDE A MEANS FOR
  ANY PERSON TO REGISTER TO RECEIVE NOTICE  AT  SUCH  PERSON'S  ELECTRONIC
  MAIL  ADDRESS  OF  ALL  SEX  OFFENDERS  WHO RESIDE OR MOVE INTO THE AREA
  ENCOMPASSED BY SUCH PERSON'S ZIP CODE. THE DIVISION SHALL PROVIDE TIMELY
  NOTICE BY ELECTRONIC MAIL TO EACH PERSON WHO REGISTERS PURSUANT TO  THIS
  PARAGRAPH  OF  EVERY  SEX OFFENDER RESIDING IN AND OF EVERY SEX OFFENDER
  WHO MOVES INTO THE PERSON'S ZIP CODE.  SUCH  NOTICE  SHALL  INCLUDE  ALL
  INFORMATION  AUTHORIZED TO BE DISCLOSED ON EACH SUCH SEX OFFENDER PURSU-
  ANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION.
    2. Any person who uses information disclosed pursuant to this  section
  in  violation  of the law shall in addition to any other penalty or fine
  imposed, be subject to a fine of not less than five hundred dollars  and

 S. 2005--A                          4

  not more than one thousand dollars. [Unauthorized removal or duplication
  of  the  subdirectory  from the offices of local, village or city police
  department shall be punishable by a fine  not  to  exceed  one  thousand
  dollars.]  In  addition, the attorney general, any district attorney, or
  any person aggrieved is authorized to bring a civil action in the appro-
  priate court requesting preventive relief, including an application  for
  a  permanent  or temporary injunction, restraining order, or other order
  against the person or group of persons responsible for such action.  The
  foregoing  remedies shall be independent of any other remedies or proce-
  dures that may be available to an aggrieved party under other provisions
  of law.
    S 4. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.