Requires registered sex offenders to personally appear annually, within thirty days of the anniversary of their initial registration date, at the law enforcement agency having jurisdiction for the purpose of having a photograph taken; failure to so appear shall constitute a class A misdemeanor; such agency shall forward a copy of the photograph to the division of criminal justice services, along with the date the photograph was taken; requires disclosure of the date that a photograph of a sex offender was taken.

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S2508A-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2012: PRINT NUMBER 2508A
• Jan 5, 2012: AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Jan 24, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S2508A-2011 Memo

BILL NUMBER:S2508A

TITLE OF BILL:
An act
to amend the correction law, in relation to the registration of sex
offenders; and to repeal paragraphs (b-2) and (b-3) of subdivision
2 of section 168-f of such law
relating thereto

PURPOSE:
This bill would require registered sex offenders to have a new
photograph taken each year and to have such photograph included in
their sex offender registration. Also requires the date such
photograph was taken to accompany the information.

SUMMARY OF PROVISIONS:
Requires all registered sex offenders to personally appear at law
enforcement agencies having jurisdiction for the purpose of providing
a current photograph of such offender. The law enforcement agency is
to forward the photograph to the Division of Criminal Justice
Services along with the date such photograph was taken. The date of
such photograph shall accompany all registry information.

EXISTING LAW:
Pictures of sex offenders who are required to register pursuant to the
Sex Offender Registration Act are included in the initial information
provided to the sex offender registry. However, there is no
requirement that photographs of these offenders be updated to reflect
changes in their appearance.

JUSTIFICATION:
Although a picture of a sex offender is included in the information
initially required to be provided to the sex offender registry, there
is no requirement under current law that a new picture of the sex
offender be taken and provided to the registry when the appearance of
the sex offender changes. Sex offenders are now required to register
for a mini- mum of ten years, and some are required to register for
their lifetime. Given the passage of time, it is inevitable that the
appearance of the sex offender will change from the time that their
pictures were initially taken. If the purpose of the sex offender
registry is to be carried out, it is important that updated
photographs and the date such photograph was taken be provided to the
registry so that the public can be aware of the current appearance of
convicted offenders.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

S2508A-2011 Text

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

                                   2508--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                              January 24, 2011
                                 ___________

  Introduced  by Sen. GIANARIS -- 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 -- 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; and to repeal paragraphs (b-2) and (b-3) of subdivision
    2 of section 168-f of such law relating thereto

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


    Section 1. Paragraph (b) of subdivision 1  of  section  168-b  of  the
  correction  law,  as amended by section 1 of part O of chapter 56 of the
  laws of 2005, is amended to read as follows:

    (b) A photograph, INCLUDING THE DATE SUCH  PHOTOGRAPH  WAS  TAKEN,  IF
  KNOWN,  and  set of fingerprints. For a sex offender given a level three
  designation, the division shall,  during  the  period  of  registration,
  update  such photograph once each year. For a sex offender given a level
  one or level two designation, the division shall, during the  period  of
  registration,  update  such photograph once every three years. The divi-
  sion shall notify the sex offender by mail of the duty to appear and  be
  photographed  at  the  specified law enforcement agency having jurisdic-
  tion. Such notification shall be mailed at least  thirty  days  and  not
  more  than  sixty  days  before  the  photograph is required to be taken
  pursuant to subdivision two of section one hundred sixty-eight-f of this
  article.
    S 2. Paragraphs (b-2) and (b-3) of subdivision 2 of section  168-f  of
  the  correction  law  are REPEALED and a new paragraph (b-2) is added to
  read as follows:

    (B-2) NO LATER THAN THIRTY CALENDAR DAYS AFTER EACH ANNIVERSARY OF THE
  SEX  OFFENDER'S  INITIAL  REGISTRATION  DATE,  THE  SEX  OFFENDER  SHALL

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05760-02-1

 S. 2508--A                          2

  PERSONALLY  APPEAR AT THE LAW ENFORCEMENT AGENCY HAVING JURISDICTION FOR
  THE PURPOSE OF PROVIDING A CURRENT PHOTOGRAPH OF SUCH OFFENDER. THE DUTY
  TO PERSONALLY APPEAR SHALL BE TEMPORARILY SUSPENDED DURING ANY PERIOD IN
  WHICH  THE  SEX  OFFENDER IS CONFINED TO ANY STATE OR LOCAL CORRECTIONAL
  FACILITY, HOSPITAL OR INSTITUTION AND SHALL  IMMEDIATELY  RECOMMENCE  ON
  THE DATE OF THE SEX OFFENDER'S RELEASE.
    S  3.  Paragraph  (c-1)  of  subdivision  2  of  section  168-f of the
  correction law, as added by section 2 of part O of  chapter  56  of  the
  laws of 2005, is amended to read as follows:

    (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-2)  [or  (b-3)]  of this subdivision, within
  [twenty] THIRTY days of the anniversary of the  sex  offender's  initial
  registration,  or  an alternate later date scheduled by the law enforce-
  ment agency 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.
    S 4. Section 168-j of the correction law is amended by  adding  a  new
  subdivision 6 to read as follows:

    6.  THE  LAW ENFORCEMENT AGENCY HAVING JURISDICTION SHALL PHOTOGRAPH A
  SEX OFFENDER WHO PERSONALLY  APPEARS  PURSUANT  TO  PARAGRAPH  (B-2)  OF
  SUBDIVISION TWO OF SECTION ONE HUNDRED SIXTY-EIGHT-F OF THIS ARTICLE AND
  SHALL  PROMPTLY  FORWARD A COPY OF SUCH PHOTOGRAPH TO THE DIVISION ALONG
  WITH THE DATE THE PHOTOGRAPH WAS TAKEN.
    S 5. 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, ALONG WITH THE DATE SUCH PHOTOGRAPH WAS  TAKEN  IF
  KNOWN,  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 opera-
  tion, 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 receiv-
  ing  information  on  a sex offender may disclose or further disseminate
  such information at its discretion.  In  addition,  in  such  case,  the
  information  described herein 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.

 S. 2508--A                          3

  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,
  ALONG WITH THE DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, 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 herein
  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 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 6. 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 DATE SUCH PHOTOGRAPH WAS TAKEN IF KNOWN, along
  with  the  following   information,   if   available:   name,   physical
  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  subdirectory
  shall  be  made  available at all times on the internet via the division
  homepage. Any person may apply to  the  division  to  receive  automated
  e-mail notifications whenever a new or updated subdirectory registration

 S. 2508--A                          4

  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 7. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.