NY State Senate Bill 2015-S2457

Senate Bill S2457

2015-2016 Legislative Session

Expands the amount of information available about registered sex offenders on the division of criminal justice services website

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to crime victims, crime and correction
Jan 23, 2015	referred to crime victims, crime and correction

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2015-S2457 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Correction Law
Laws Affected:: Amd §§168-b, 168-l & 168-q, Cor L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S1976
2013-2014: S557
2017-2018: S3127

2015-S2457 (ACTIVE) - Summary

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.

2015-S2457 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2457

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 provide for
registration of automatic e-mail notification when offender moves into
a resident's zip code.

SUMMARY OF PROVISIONS:

Subdivision 6 of section 168-b of the correction law, as amended by
chapter 106 of the laws of 2006 would be amended 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 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 subdivision I of 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 email whenever a sex offender moves into their zip
code.

EXISTING LAW:

Currently, the Sex Offender Registration Act does not require all sex
offenders to be accessible on the DCJS directory website. In addition,
the Division must maintain a subdirectory of Sex offenders which is
distributed to all local law enforcement agencies monthly in addition
to being maintained on the Division home page. In order to view the
subdirectory, a person must provide his or her name in writing.

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 DCJS 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 p ose 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 December 2006, the subdirectory
received 2,113,371 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:

2014:Senate Bill #557 (Gianaris) - Died in Senate Crime Victims,
Crime, and Correction Committee.
2012:Senate Bill #1976-A (Gianaris) - Died in Senate Rules Committee
01/09/08: Referred to Correction
02/12/07: Referred to Correction


2005/06: Similar to S.496-B Passed Senate/Assembly Correction
Committees

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

180 days after the bill becomes a law.

2015-S2457 (ACTIVE) - Bill Text download pdf

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

                                  2457

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

Introduced by Sens. GIANARIS, AVELLA, STAVISKY -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07547-01-5

S. 2457                             2

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]
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

S. 2457                             3

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.  The  section  heading and subdivision 1 of section 168-q of the
correction law, the section heading as amended by  chapter  106  of  the
laws  of 2006 and subdivision 1 as amended by chapter 462 of the laws of
2014, are amended to read as follows:
  [Subdirectory] DIRECTORY; internet posting.   1.  The  division  shall
maintain  a  [subdirectory  of  level  two  and three sex offenders. The
subdirectory] DIRECTORY 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  all  of  the sex offender's crimes of conviction that require
him or her to register pursuant to this  article,  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.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that if chapter 462 of the laws of
2014 shall not have taken effect on or before such effective  date,  the
amendments to subdivision 1 of section 168-q of the correction law, made
by section three of this act, shall take effect on the effective date of
such chapter.

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Senate Bill S2457

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Sponsored By

Michael Gianaris