Requires sex offenders to verify their residence and registration on a biannual basis

BILL NUMBER:A10321

Title of bill

An act to amend the correction law, in relation to requiring sex offenders to verify their registration with the sex offen- der registry on a biannual basis

Purpose or general idea of bill

To increase the number of times a sex offender has to verify their registration with the Division of Criminal Justice Services.

Summary of specific 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 nonforwardable 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 added by Chapter 192 of the Laws of 1995, 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 regu- lating 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 require- ments. This legislation is based on a federal initiative, H.R. 1505, The Jessica Lunsford Act, which among its provisions would require all states to implement a policy which sets up random biannual verification of sex offenders. 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 anniver- sary 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 offen-

der 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.

Prior legislative history

2007/2008 - S.434 - Passed Senate, Nov-Controversial/Assembly Corrections 2005-2006 - S.5404-A - 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