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History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Requires sex offenders to annually return a verification form to the division of criminal justice services
In Assembly Committee · Correction · Sponsor Michael Gianaris
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to the duty of sex offenders to annually verify their address
Purpose
To require sex offenders to annually return a verification form to the Division of Criminal Justice Services.
Summary of provisions
Paragraph (c) of subdivision 2 of section 168-f of the Correction Law, as amended by Chapter 453 of the Laws of 1999, is amended to require a sex offender to return by mail the signed address verification form to DCJS within 10 calendar days of receipt. Failure to do so would be a violation of this section.
Justification
Currently, if a sex offender does not mail back the annual signed address verification form to the Division of Criminal Justice Services, it starts a process whereby local law enforcement needs to investigate whether such individual is still residing at the registered address. If law enforcement brings forward a case against an individual for failing to mail back such form needed to update their whereabouts, current law states that it is not a violation if they can prove that they have not moved. Bringing cases to court which are protected by the affirmative defense language is a waste of precious criminal justice time which could be used more effectively elsewhere. In a sense, the affirmative defense clause thereby gives sex offenders a free pass if they do not send their signed verification form back. Since it is of the utmost importance to the public's safety for DCJS and local law enforcement to keep track of registered sex offenders, it is necessary to instill a penalty for failing to return a signed verification form whether or not the person's address has changed.
Legislative history
2007/2008 - S.437 - Passed Senate 54-1 Non-Controversial/Assembly Correction 2005/2006 - S.481 - Passed Senate/Assembly Correction 2003/2004 - S.4455/A.8521 - Passed Senate/Assembly Correction
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.