Facilitates compliance with the sex offender registry for offenders without a registerable residence

Section 168-a is also amended to establish a sex offender registration officer in each county of the state to collect information regarding the location of homeless sex offenders and report such to the division for inclusion on the sex offender registry. The sex offender registration officer will also provide, on behalf of the division, necessary notifications to such offenders. The sex offender registration officer may designate agents to facilitate the collection of location information, as well as facilitate notifications.

Section 2 amends paragraph (a) of subdivision 1 of section 168-b of the corrections law to allow that when a sex offender is homeless, the sex offender registry shall indicate which county's sex offender registration officer is collecting information regarding this offender.

Section 3 allows a sex offender registration officer to facilitate all notifications on behalf of DCJS required under section 168-a of corrections law and allows DCJS to share registry information with any and all sex offender registration officers.

Section 4 amends corrections law section 168-f to require that a homeless sex offender report to his or her county's sex offender registration officer every 10 days and update all registry information and provide information relevant to where he or she has been or will be staying, including, but not limited to, any shelters or emergency housing. This information is then forwarded by the sex offender registration officer to DCJS for inclusion on the registry.

Section 5 establishes the penalty for a homeless offender's failure to report as provided above is a class A misdemeanor for a first offense, and a class E felony for each subsequent conviction.

Section 6 provides that this act shall take effect on the 90th day after it becomes law.

Existing law

Section 168-f of the Correction Law requires that sexual offenders register their residence with DCJS and update local law enforcement agencies or the division within 10 days of moving. Not only are there homeless offenders who do not have a residence to register, and thus do not appear on the registry, but also County Departments of Social Services temporarily house homeless people at different locations and in some cases in mobile units that are moved from community to community, and thus the information on these offenders, if provided, is not accurate or current. JUSTIFICATION :

The issue of homeless sex offenders not being included on the sex offender registry was brought to light when it was learned that some County Departments of Social Services house sexual offenders in temporary emergency housing, often at various locations, and no information was being provided to the registry as to the location of these offenders. When first introduced, this bill addressed that specific problem. Although Governor Spitzer vetoed the measure, he did recognize that "increasing law enforcement's ability to locate sex offenders, even offenders who are homeless or transient, is an extremely important goal." He instructed his staff to work with DCJS, OTDA and the Legislature on a more comprehensive solution to this problem. The result of such discussions is this legislation that will lead to better and more accurate information being available to law enforcement agencies and the public about homeless and transient sex offenders.

Legislative history

2008: S.8314; S.5526-A/A.9044 Similar bill passed both Assembly and Senate - Veto message 67.

Fiscal implications

None.

Effective date

Ninety days after it becomes law.