Sets forth procedures to be followed in the event a sex offender fails to mail a signed verification within twenty calendar days of mailing by the division of criminal justice services.
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Hassell-Thompson, Kennedy
Ayes W/R (3): Rivera, Kruger, Peralta
Nays (1): Montgomery
TITLE OF BILL:
An act to amend the correction law, in relation to sex offender verification
PURPOSE OR GENERAL IDEA OF BILL:
The bill would enable law enforcement to better track offenders registered under the Sex Offender Registration Act ("SORA").
SUMMARY OF SPECIFIC PROVISIONS:
The bill requires the Division of Criminal Justice Services ("DCJS") to notify law enforcement officials if an offender listed on the statewide Sex Offender Registry does not promptly verify his or her address. The bill provides that if an annual verification of address form is not completed and returned to DCJS in a timely manner, the probation or parole officer assigned to the case or other local law enforcement officials will be asked to promptly visit the listed residence and confirm that the registrant continues to live there. If the officials confirm that the registrant continues to live at the listed address and the registrant signs the verification form, the Division may accept the form and assess a new civil penalty for the cost for verification, up to $200.00. If the registrant is not at the listed address or refuses to sign the verification documents, the district attorney and DCJS will be notified and the offender will face prosecution for failing to register and verify under SORA. A first such failure to register or verify is a class E felony; a second such offense is a class D felony.
New York has made tremendous strides in implementing SORA, and there are now more than 21,000 persons registered under this law. Although most registrants return annual verification information promptly, there are offenders who, although they have not moved, do not promptly verify their address. In order to better enforce the verification provisions of the law, this bill requires a prompt investigation any time verification documents are not returned in a timely manner. Where the registrant has moved or refuses to verify his or her address, arrest and prosecution will follow. When the registrant is living at the address and signs the verification document, the Division will assess the cost of the investigative interview to the registrant, up to $200.00. In this way, the bill assures that the registry is updated, and also helps to protect public safety by assuring a prompt investigation when verification documents are not immediately returned.
PRIOR LEGISLATIVE HISTORY:
2009-10: S.2604 Reported and Committed to Codes/A.841 Passed Assembly 2008: S.5570A Senate Crime Victims, Crime and Correction Cmte./A.1179A Passed Assembly 2007: S.5570A Senate Rules Cmte./A.1179A Passed Assembly
2005-06: A.7707 Passed Assembly 2003-04: A.11602 Passed Assembly 6/21/2004
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Added costs for implementing the law are expected to be small.
Sixty days after the bill is signed into law.
STATE OF NEW YORK ________________________________________________________________________ 2595 2011-2012 Regular Sessions IN SENATE January 26, 2011 ___________Introduced by Sen. FLANAGAN -- 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 sex offender verifi- cation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 168-f of the correction law is amended by adding a new paragraph (c-2) to read as follows: (C-2) (I) IF THE DIVISION DOES NOT RECEIVE THE SIGNED VERIFICATION FORM WITHIN TWENTY CALENDAR DAYS AFTER MAILING THE FORM TO THE REGIS- TRANT, THE DIVISION SHALL PROMPTLY NOTIFY THE SUPERVISING PROBATION OR PAROLE OFFICER OR, IF THE OFFENDER IS NOT ON PROBATION OR PAROLE, THE LOCAL LAW ENFORCEMENT AGENCY SERVING THE REGISTRANT'S REGISTRATION ADDRESS, FORWARD THE VERIFICATION FORM, AND REQUEST THAT OFFICERS OF SUCH AGENCY VISIT THE REGISTRATION ADDRESS AND MAKE REASONABLE EFFORTS TO CONFIRM THAT THE REGISTRANT CONTINUES TO LIVE THERE. (II) (A) IF IT APPEARS TO THESE OFFICERS THAT THE REGISTRANT NO LONGER LIVES AT THE REGISTRATION ADDRESS, THEY SHALL NOTIFY THE DIVISION AND THE APPROPRIATE DISTRICT ATTORNEY. IF IT APPEARS TO THESE OFFICERS THAT THE REGISTRANT CONTINUES TO LIVE AT THE REGISTRATION ADDRESS, THE OFFI- CERS SHALL PRESENT AN APPROPRIATE VERIFICATION FORM FOR THE REGISTRANT TO SIGN. IF THE REGISTRANT PROPERLY COMPLETES AND SIGNS THE FORM, THE OFFICERS SHALL ACCEPT THE COMPLETED FORM AND FORWARD IT TO THE DIVISION. IF THE REGISTRANT DOES NOT PROPERLY COMPLETE AND SIGN THE FORM, THE OFFICERS SHALL NOTIFY THE DIVISION AND THE APPROPRIATE DISTRICT ATTOR- NEY. (B) NOTWITHSTANDING PARAGRAPH (C) OF THIS SUBDIVISION, AN OFFENDER LIVING AT THE REGISTRATION ADDRESS WHO REFUSES TO SIGN THE VERIFICATION FORM PRESENTED IN ACCORDANCE WITH THIS SUBPARAGRAPH SHALL BE GUILTY, PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-T OF THIS ARTICLE, OF AEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02092-01-1 S. 2595 2
CLASS E FELONY UPON CONVICTION FOR THE FIRST OFFENSE, AND UPON CONVICTION FOR A SECOND OR SUBSEQUENT OFFENSE SHALL BE GUILTY OF A CLASS D FELONY, AND FAILURE TO VERIFY MAY ALSO BE THE BASIS FOR REVOCATION OF PAROLE PURSUANT TO SECTION TWO HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW OR THE BASIS FOR REVOCATION OF PROBATION PURSUANT TO ARTICLE FOUR HUNDRED TEN OF THE CRIMINAL PROCEDURE LAW. (III) IF A SEX OFFENDER FAILS TO MAIL A SIGNED VERIFICATION FORM TO THE DIVISION IN THE MANNER AND WITHIN THE TIME PERIOD PROVIDED FOR IN THIS SUBDIVISION, THE DIVISION, IN ADDITION TO ANY OTHER PENALTY THAT MAY BE IMPOSED, SHALL ASSESS AGAINST THE OFFENDER A CIVIL PENALTY EQUAL TO THE COST INCURRED BY LAW ENFORCEMENT OFFICIALS IN VISITING THE REGIS- TRATION ADDRESS, UP TO TWO HUNDRED DOLLARS. EACH ANNUAL VERIFICATION FORM MAILED TO A SEX OFFENDER PURSUANT TO THIS SUBDIVISION SHALL INCLUDE A CONSPICUOUS NOTICE OF THE PROVISIONS OF THIS SUBDIVISION. S 2. This act shall take effect on the sixtieth day after it shall have become a law.