Expands the information that will be maintained on sex offenders by the division of criminal justice services

Section 2 amends subdivisions 1 and 2 of section 168-c of the Correction Law to require that all sex offenders provide their employment address or place of employment.

Section 3 and 4 amends subdivision 2 of section 168-d and subdivision 1 of section 168-e of the Correction Law to require sex offenders to provide their employment address and/or expected place of employment.

Section 5 amends subdivisions 2 and 4 of section 168-f of the Correction Law to require that level 3 offenders personally appear at the law enforcement agency having jurisdiction every 3 months for the purpose of providing a current photograph of the offender. Level 2 offenders must personally appear every 6 months and level 1 offenders must personally appear annually. All sex offenders must also personally appear at the law enforcement agency having jurisdiction within 3 days after any change of name or address or change in status at an institution of higher education.

Section 6 amends subdivisions 4 and 5 of section 168-j of the Correction Law with regard to sex offenders providing their employment address or place of employment.

Section 7 amends subdivision 2 of section 168-k of the Correction Law to require that the sex offenders convicted in another jurisdiction who establish residence in New York provide such information as is required by DCJS.

Section 8 amends paragraph (a), (b) and (c) of subdivision 6 of section 168-1 of the Correction Law to conform the provisions of those paragraphs to Correction Law section 168-q with regard to information provided to the public in the subdirectory.

Section 9 amends subdivision 1 of section 168-q of the Correction Law with regard to the information on sex offenders which the Division of Criminal Justice Services may include in the subdirectory posted by the Division on the Internet.

Section 10 amends Correction Law section 168-t to provide that the penalty for failure to register or verify, or for a violation of section 168-v shall be a class D felony.

Section 11 is the effective date. EXISTING LAW : Currently, sex offenders are required to register with the Division of Criminal Justice Services. This bill expands the amount of information which a sex offender must provide and also requires DCJS to include the sex offender's criminal history record information in the Sex Offender Registry.

The bill also requires that level 3 sex offenders personally appear to have a current photograph taken every three months, whereas current law requires a photograph every year. In addition, the bill requires level 2 sex offenders to personally appear every six months for a current photograph and level 1 sex offenders must personally appear every year for a current photograph. Current law requires a current photograph of level 1 and level 2 offenders every three years.

Current law authorizes the posting of information relating to level 2 and level 3 sex offenders on the Internet. However, the information relating to level 2 sex offenders is limited, and no information relating to level 1 sex offenders may be posted on the Internet. This bill will allow all registration information on all sex offenders to be posted on the Internet.

Current law also provides that a person who fails to register or verify shall be guilty of a class A misdemeanor for the first offense, and shall be guilty of a class D felony upon conviction of a second or subsequent offense. This bill provides that it shall be a class D felony upon conviction of a first, second or subsequent offense.

Justification

The "Adam Walsh Child Protection and Safety Act of 2006" (P.L. 109-248) which became effective in July 2006 requires that states provide additional information in the Sex Offender Registry and also provide a criminal penalty that includes a maximum term of imprisonment that is greater than one year for the failure of a sex offender to comply with the requirements of the Sex Offender Registration Act.

Any state that fails to substantially implement the requirement of P.L. 109-248 shall not receive 1O% of the funds that would otherwise be allocated under the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.)

This bill implements the requirements of P.L. 109-248.

Legislative history

2007/2008 - S.1772 - Passed Senate, Non-Controversial

Fiscal implications

Undetermined.

Effective date

November 1 after enactment and applies to sex offenders registered or required to register immediately prior to the effective date and to all sex offenders required on or after the effective date.