Prohibits law enforcement agencies from releasing level one sex offender information to the general public over the internet

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the correction law, in relation to the sex offender registration act and prohibiting the release of level one sex offenders over the internet to the general public

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Criminal Law and Procedure.

This measure would amend the Correction Law to expressly clarify that the Sex Offender Registration Act ("SORA") prohibits law enforcement agencies from releasing certain information about level one sex offenders to the general public over the Internet.

Under SORA, the risk level assigned to the offender determines the breadth of dissemination of information regarding the offender to the public and law enforcement agencies. When the law was first enacted, a level one designation limited notification solely to law enforcement agencies; thus, no information was disseminated to the public. The law was modified in 2006, however, and now permits law enforcement to disseminate information regarding the offender "to any entity with vulnerable populations related to the nature of the offense committed by such sex offender" (Correction Law § 1681(6)(a)).

The law does not expressly define an "entity with vulnerable populations" but elsewhere in the statute the phrase is limited to "organizational entities." As provided in Correction Law § 168-1:

Such law enforcement agencies shall compile, maintain and update a listing of vulnerable organizational entities within its jurisdiction. Such listing shall be utilized for notification of such organizations in disseminating such information on level two sex offenders pursuant to this paragraph. Such listing shall include and not be limited to: superintendents of schools or chief school administrators, superintendents of parks, public and private libraries, public and private school bus transportation companies, day care centers, nursery schools, pre-schools, neighborhood watch groups, community centers, civic associations, nursing homes, victim's advocacy groups and places of worship (Correction Law §168-1(6)(b)).

It has been reported that some law enforcement agencies in New York State interpret the 2006 statute to permit dissemination of information to "vulnerable populations" by posting information on a website open to the general public. The Department of Criminal Justice Services has not opposed this position. We believe that this interpretation is plainly at odds with the statute and should be corrected. This measure provides necessary clarification in this area by tasking the Division of Criminal Justice Services with insuring that dissemination of relevant information is appropriately limited.

This measure, which would have no meaningful fiscal impact on the State, would take effect on the first day of November next succeeding the date on which it shall have become a law.

2008 LEGISLATIVE HISTORY :

None. New proposal.